CITY COUNCIL MEETING AGENDA
TUESDAY MARCH 11, 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
RECOGNITIONS
1. Recognize March as American Red Cross Month – Martha Ventura, San Gabriel Pomona Valley Chapter Board Chair
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 2025-13, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of February 28, 2025 in the amount of $629,526.12 and the Warrant Register of March 14, 2025
City Council Agenda
For the Meeting of March 11, 2025 Page 2
in the amount of $827,895.83
CC2. Approve Minutes of the February 25, 2025, Study Session and the February 25, 2025, City Council Meeting
CC3. Adopt Ordinance 1321 Approving Municipal Code Text Amendment 24-01, A request to amend Title 18- Chapter 18.38 Accessory Dwelling Units and Chapter
18.170 Electric Vehicle Charging Stations to comply with State Law updates CC4. Approve a Joint Resolution between Board of Supervisors of the County of Los Angeles and Board of Directors of County Sanitation District No. 22 of Los Angeles County and the Governing Bodies of City of San Dimas and Three Valleys Municipal Water District for Sewer Annexation (APN: 8382-011-023)
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.)
CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
• Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
• City Council Requests for Future Items, Comments and Updates
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Case
ADJOURNMENT
City Council Agenda
For the Meeting of March 11, 2025 Page 3
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) 394-6216. 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 35.102-35.104 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 Department and San Dimas Library. In addition, most documents are posted on the City's website at www.sandimasca.gov.
Posting Statement: I declare under penalty of perjury that on March 7, 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., and on the City's website www.sandimasca.gov/agendas-minutes/as required by law.
Debra Black March 7, 2025
Debra Black, City Clerk
American Red Cross
HEREAS, in times of crisis, people in San Dimas come together to care for one another. This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors; and HEREAS, in 1881 Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in San Dimas, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially or learn vital lifepreserving skills through the Red Cross; and HEREAS, in the Greater San Gabriel and Pomona Valleys the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by local disasters like home fires, donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid; and HEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community; and
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna and Eric Weber do hereby proclaim March 2025 as RED CROSS MONTH in the City of San Dimas, California.
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 11th day of March 2025. ________________________ ________________________
Mayor Attest: City Clerk
W
W
W
W
N
I
RESOLUTION 2025-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR FEBRUARY 28, 2025, AND MARCH 14, 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 February 28, 2025, in the amount of $629,526.12 and Warrant Register of March 14, 2025, in the amount of $827,895.83.
PASSED, APPROVED AND ADOPTED this 11th, day of March, 2025. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2025-13 was approved by vote of the City Council of the City of San Dimas at its regular meeting of March 11th, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Black, City Clerk
CITY COUNCIL AND PLANNING
COMMISSION MEETING
ACTION MINUTES
FEBRUARY 25, 2025, 6:00 PM
STUDY SESSION
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Planning Commissioners Present: Chair David Bratt, Vice-Chair John Davis, Commissioner Doran Barnes, Commissioner Margie Green, Commissioner James Shirley Staff: City Manager Brad McKinney, Assistant City Manager Travis Sais, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Planning Manager Marco Espinoza, Senior Planner Anne Moore
Call to Order: 6:01 PM
STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion and Consideration of a
Petition to Initiate a Zone Change from
Light Agriculture (A-L) to Light
Manufacturing (M-1) Among Other
Development Applications to Allow the
Development of Two (2) One-story Multitenant Warehouse/Office Buildings Totaling 52,800 Square Feet for the
Properties Located at the Northwest
Corner of Allen Avenue and Cataract
Street (APN's: 8392-016-008, -047, and -
048).
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Weber to grant the authorization to initiate a
zone change from Light Agriculture (A-L) to
Light Manufacturing (M-1) and to submit all
other associated entitlement applications
required for the proposed two (2) one-story
multi-tenant warehouse/office development.
The motion carried 10-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber, Bratt, Davis, Barnes, Green, Shirley
No: None
Absent: None
Abstain: None
Adjourned: 6:35 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
CITY COUNCIL MEETING
ACTION MINUTES
FEBRUARY 25, 2025, 7:00 PM
REGULAR MEETING
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 Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Planning Manager Marco Espinoza, Housing Manager Lily Flores, Assistant Planner Taylor Galindo, Recreation Supervisor Dominique Borba, Recreation Coordinator Orlando Soto
Call to Order: 7:00 PM
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
1. Recognize March 2025 as National
Nutrition Month
2. Adopt Resolution 2025-10, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of February 28,
2025, in the amount of $1,239,804.15
3. Approve Minutes of the February 11,
2025, Study Session and the February
11, 2025, City Council Meeting
4. Receive and File the January 2025
Investment Report
5. Approve California Office of Emergency
Services (CalOES) Form 130
Designating Agents Necessary to
Provide for All Matters Pertaining to State
and Federal Emergency Management
Agency (FEMA) Reimbursements
6. Approve the Renewal of the General
Services Agreement with the County of
Los Angeles
7. Adopt Resolution 2025-12 Approving the
First Amendment to the Lease
Agreement between Vincenzo's Terrazza
Located at 121 North San Dimas Avenue
and the City of San Dimas to Adjust the
Monthly Base Rent. Authorize the City
MOTION: Motion/seconded by
Councilmember Weber/Mayor Pro Tem
Nakano to approve the consent calendar.
The motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Approve Minutes of the February 25, 2025, Study Session and the February 25, 2025, City Council Meeting Page 3
For the Meeting of March 11, 2025
Manager to Execute the Agreement in a
Form Approved by the City Attorney.
8. Deny Claim Lemons v. City of San
Dimas CJP 3053443
OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS
1. Introduction of Ordinance 1321 Approving
Municipal Code Text Amendment 24-01,
Amending Title 18-Chapter 18.38
Accessory Dwelling Units and Chapter
18.170 Electronic Vehicle Charging
Stations to Comply with State Law
Updates
MOTION: Motion/seconded by
Councilmember Weber/Councilmember
Vienna to introduce Ordinance 1321. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
2. Approve Budget Amendments as
Presented. Approve an Additional Budget
Appropriation of $500,000 to Account
001.4190.200.001 Utilizing Surplus Funds
from Fiscal Year 2023-2024 Activity to
Reduce the City’s Unfunded PERS
Liability. Receive and File the Mid-Year
Report.
MOTION: Motion/seconded by
Councilmember Bratakos/Councilmember
Vienna to approve budget appropriation and
receive and file the mid-year report. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS
1. Consideration and Approval of the
Proposed Permanent Local Housing
Allocation (PLHA) Funding Budget
Speaker #1 Cathi Begin supported the item.
Speaker #2 Elias Chavez supported the item.
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Weber to approve the proposed permanent
local housing allocation funding budget.
Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager None
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
Councilmember Bratakos attended the
Foothill Joint Powers Association meeting.
Approve Minutes of the February 25, 2025, Study Session and the February 25, 2025, City Council Meeting Page 4
For the Meeting of March 11, 2025
Councilmember Nakano attended the San
Gabriel Council of Governments Conference.
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
None.
Adjourned: 9:15 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
Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of March 11, 2025
From: Brad McKinney, City Manager
Prepared by: Taylor Galindo, Assistant Planner
Subject: Adoption of Ordinance 1321 to Approve Municipal Code Text Amendment 24- 01, A request to amend Title 18- Chapter 18.38 Accessory Dwelling Units and Chapter 18.170 Electric Vehicle Charging Stations to comply with State Law updates
____________________________________________________________________________ At the regular City Council meeting on February 25, 2025, the City Council voted 5-0 to introduce Ordinance 1321, approving Municipal Code Text Amendment 24-01.
Staff and the Planning Commission recommend the City Council:
• Conduct a second reading; and
• Adopt Ordinance 1321, approving Municipal Code Text Amendment 24-01.
Attachments:
1. Ordinance 1321, approving Municipal Code Text Amendment 24-01.
ATTACHMENT 1
ORDINANCE 1321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING MUNICIPAL
CODE TEXT AMENDMENT 24-01, WHICH AMENDS TITLE 18 –
ZONING, CHAPTER 18.38 ACCESSORY DWELLING UNITS, AND
CHAPTER 18.170 ELECTRIC VEHICLE CHARGING STATIONS,
ALONG WITH ASSOCIATED CLEAN-UP ITEMS TO ENSURE
COMPLIANCE WITH STATE LAW AND ALIGNMENT WITH THE
INTENT OF THESE CHAPTERS.
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 18.38 Accessory Dwelling Units, and Chapter 18.170 Electric Vehicle Charging Stations, along with associated clean-up items to ensure compliance with State Law and alignment with the intent of these chapters; and
WHEREAS, the Amendment would also revise Chapter 18.08, Definitions, to add applicable definitions and move definitions from Chapters 18.38 Accessory Dwelling Units and 18.170 Electric Vehicle Charging Stations Definitions into Chapter 18.08, Definitions; and
WHEREAS, the Amendment would affect all residentially zoned parcels of the City as applicable within Chapter 18.38 Accessory Dwelling Units, and would also affect all new electric vehicle charging stations; and
WHEREAS, on November 21, 2024, the Planning Commission approved to initiate the Municipal Code Text Amendment; and
WHEREAS, on December 19, 2024, the Planning Commission heard evidence and voted 5-0 to recommend approval of Municipal Code Text Amendment 24-01 to the City Council; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on January 28, 2025 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. It has been determined that 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 evidence received at the City Council hearing; and for the reasons discussed by the City Council during the January 28, 2025, and February 25, 2025 agenda items, 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.
Ordinance 1321 Page 2
Municipal Code Text Amendment 24-01
The proposed amendments would codify existing State law and help bring the City’s zoning ordinance into compliance with State Law. Municipal Code Text Amendment 24-01 would clarify existing State regulations that aim to streamline and promote the development and construction of Accessory Dwelling Units and Electric Vehicle Charging Stations.
B. The proposed Municipal Code Text Amendment will further the public health, safety, and general welfare.
The proposed Municipal Code Text Amendment aims to align the City’s regulations with new State laws governing Accessory Dwelling Units and Electric Vehicle Charging stations. More specifically, the amendments to the Accessory Dwelling Unit ordinance will provide clarity, remove certain barriers, and provide flexibility for providing on-site parking. The intent of the State law regarding EVCS is to streamline the permitting proposed in an effort to provide more readily available charging stations for electric vehicles, which aids in lowering carbon emissions and improving air quality. The proposed amendments do not undermine the City’s objectives of ensuring compatibility with surrounding uses and safeguarding public health, safety, and general welfare.
C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable Zoning.
The proposed amendments are consistent with applicable Zoning by ensuring both ADU and EVCS Chapters are in compliance with State Law. In addition, the amendments will be consistent with the following goals of the General Plan:
Housing Element
a. Goal Statement HE-2 seeks to provide opportunities for well-designed and appropriate housing that is diverse in type and location.
Affordability and tenure that meet the full spectrum of current and future housing needs in San Dimas.
b. Goal Statement HE-4 aims to assist in the development, provision, and retention of long-term affordable housing opportunities for lower—and moderate-income households, including individuals and families with special needs.
Land Use
c. Goal Statement L-3 states a goal of ensuring all portions of the City are adequately served with essential services and utilities. d. Goal statement L-4 states a goal of planning and creating an urban form that efficiently utilizes urban infrastructure and resources.
D. Pursuant to Government Code Section 66326(b)(2), the City Council finds as follows:
Ordinance 1321 Page 3
Municipal Code Text Amendment 24-01
a. The City of San Dimas (City) has considered the findings made by the California Department of Housing and Community Development (HCD) provided in writing to the City in a letter dated January 29, 2024 regarding the City’s draft Accessory Dwelling Unit ordinance. Having considered HCD’s findings, the City Council finds that this ordinance complies with Government Code Sections 66310-66342 (State ADU Law). This ADU ordinance reflects and is consistent with HCD’s findings in its January 29, 2024 correspondence, except for the three items described below in subsections b-d.
Consistent with Government Code Section 66326(b)(2)(B), subsections b-d below constitute the City’s explanation of the reasons the City believes that this ordinance compliances with State ADU Law despite HCD’s findings.
b. HCD Finding - Unit Mixture
With respect to unit mixture, HCD found as follows, potentially resulting in a total of four units on a single-family property: “if the local agency approves an ADU that is created from existing (or proposed) space of a single-family dwelling, or created from an existing accessory structure, and the owner subsequently applies for a detached ADU permit (or vice versa), which meets the size and setback requirements, pursuant to the subdivision, the local agency cannot deny the applicant, nor deny a permit for a JADU under this section. This permits a homeowner, who meets specified requirements, to create one (1) converted ADU, one (1) detached, new construction ADU, and one (1) JADU, in any order without prejudice, totaling three units.” Under this reading, if the property qualified for SB 9, state law would then require that the City allow an additional unit on the property for a total of five units.
HCD also took the position that on a parcel with a multifamily dwelling (which would include an attached duplex according to HCD’s interpretation of “multifamily dwelling”), the City must allow two detached ADUs and a third ADU converted from non-habitable space within the duplex for, again, a total of five units on the parcel. Notably, this could occur on a single-family zoned lot if the parcel qualified for SB 9.
City Response/Finding pursuant to Government Code § 66326(b)(2)(B) The City respectfully disagrees with HCD’s interpretation of state law for several reasons as set forth below.
1. There is no case law addressing this issue, so there is no authoritative interpretation of Government Code Section 66323 (formally subsection (e)(1) of Government Code Section 65852.2) to support HCD’s position.
2. The statutory language does not support HCD’s interpretation and, in fact, contradicts it. Government Code Section 66323 (a) (formally subsection (e)(1) of Government Code Section 65852.2) says that the city shall “ministerially approve an application … to create any of the following.” It does not say “all of the following,” nor does it say “one or more of the following,” nor is there an “and” after the penultimate item to indicate that the list is inclusive. The English language does not require the inference HCD contends the law requires.
Moreover, Government Code Section 66323 (a)(2) (formally subsection (e)(1) of Government Code Section 65852.2) adds some notable language: “The accessory
Ordinance 1321 Page 4
Municipal Code Text Amendment 24-01
dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1).” In other words, someone can have both a JADU and a detached ADU. The fact that this word “combined” was included implies that without this language (1) and (2) could not be combined. Furthermore, the statute does not say that the ADU in (a)(1)(A) (formally subsection (e)(1)(A)) can be combined with the ADU in (a)(2) (formally subsection (e)(1)(B)). The fact that it only mentions a combination with the JADU is telling.
In other words, an ADU applicant may only combine multiple options if the statute explicitly says they can be combined. If that was already implied by the word “any,” then the legislature would not have needed to make it clear that some of these options can be “combined.” But subsection (a)(2) is the only place where the statute says that options can be combined. For example, (a)(3) does not say it can be combined with (a)(4), and (a)(4) does not say it can be combined with (a)(3). [The subsections referenced in HCD’s letter to the City are now consolidated under Section 66323.]
3. HCD published an ADU Handbook in December 2020 that addressed this exact issue and stated that these options could not be combined, directly contradicting the position HCD subsequently has taken, even though the statutory language did not change.
4. HCD’s position directly contradicts HCD’s current guidance on the implementation of SB 9, which clearly says that cities are not required to allow more than four units on a single-family property. However, as discussed above, HCD’s interpretation of ADU law would require cities to allow up to five units on a single-family property.
The following is from page 7 of HCD’s “SB 9 Fact Sheet,” which is currently available on the HCD website (at this address:
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/sb-9- fact-sheet.pdf): “. . . in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUS, and Junior ADUs.” Consequently, in light of the current existing contradiction in HCD’s interpretation of ADU law and SB 9, there is no reason for the City to defer to HCD’s interpretation on this issue.
5. In light of these clear contradictions, HCD’s interpretation of state ADU law on this issue would not receive any deference in state court. Case law is clear that when a state agency flatly contradicts itself, and when its current interpretation is not long-standing, its interpretation of state law is not entitled to deference. (Kaanaana v. Barrett Bus. Servs., Inc., 11 Cal. 5th 158, 178 (2021); State Bldg. & Constr.
Trades Council of California v. Duncan, 162 Cal. App. 4th 289, 303 (2008).)
6. In summary, HCD’s finding is not supported in either case law or the statutory language, and HCD itself has published contradictory interpretations of the same state law provision.
Ordinance 1321 Page 5
Municipal Code Text Amendment 24-01
c. HCD Finding - Washer/Dryer Hookups
The City's current ADU ordinance mandates that washer/dryer hookups be provided within an ADU. For a JADU, hookups may be situated in a shared common space. HCD requested the removal of this requirement from the ordinance.
City Response/Finding pursuant to Government Code § 66326(b)(2)(B) The washer/ dryer hookups requirement was originally included in the ordinance due to the presence of only one laundromat in the City, making in-home appliances necessary.
Additionally, state law requires ADU standards to be objective, and the washer/dryer hookup is an objective standard.
Government Code Section 66314 (b)(1) states that an ADU ordinance shall: “Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.” The requirement for washer/dryer hookups constitutes an objective standard. Therefore, Government Code Section 66315 (formally 65852.2 subsection (a)(8)) does not prohibit the inclusion of this standard for ADUs. Additionally, Government Code Section 66315 applies solely to lots containing “single-family dwellings” and does not pertain to ADUs located on lots with multi-family dwellings. Previous discussions between City staff and HCD confirmed that the requirement for washer/dryer connections was deemed acceptable due to the presence of only one laundromat in the City, underscoring the necessity for in-home appliances. d. HCD Finding - Equestrian/Agricultural Property
HCD found that the equestrian setback standards of adjoining properties may not impede an ADU application and requested that this standard be eliminated so as not to impede ADU development.
City Response/Finding pursuant to Government Code § 66326(b)(2)(B) Preliminarily, the equestrian setback standards set forth in the ADU ordinance do not necessarily impede an ADU application. The ordinance requires ADUs to comply with equestrian setback standards, which were established to comply with the Los Angeles County Health Code. ADUs and any other residential structure must maintain a 35-foot setback from a corral located on-site and 80 feet from any corral located on an adjacent parcel. The removal or inapplicability of these requirements to ADUs would potentially lead to volitation of County health regulations, which are adopted by reference as the health code of the City. (San Dimas Municipal Code §8.04.010.) Los Angeles County Code § 11.16.090 states: “a person shall not keep any animal, fowl or bird, wild or domestic, other than cats, dogs, canaries or birds of the psittacine family, within 35 feet of any restaurant, food establishment, residence, or dwelling, or other building used for the habitation of human beings, or within 100 feet of any school building, hospital building or similar institution building. It is unlawful to keep or maintain a premises, yard, coop or building in which fowl or animals are maintained in a foul or insanitary condition. The provisions of this section regarding distances shall not apply to accredited laboratories regulated by the California Department of Health Services.”
Ordinance 1321 Page 6
Municipal Code Text Amendment 24-01
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:
SECTION 1. ADOPTION. Municipal Code Text Amendment 24-01 amending Chapter
18.38 Accessory Dwelling Units, and Chapter 18.170 Electric Vehicle Charging Stations, along with associated clean-up items to ensure compliance with State Law and alignment with the intent of these chapters, as set forth in Exhibit A, 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 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 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.
Ordinance 1321 Page 7
Municipal Code Text Amendment 24-01
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 11th day of March 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1321 was introduced at a regular meeting of said City Council held on the 25th day of February, 2025, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 11th day of March, 2025. ___________________________
Debra Black, City Clerk
Ordinance 1321 Page 8
Municipal Code Text Amendment 24-01
Exhibit A
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
*Relocated existing text in Green and Underlined
SECTION 1. Section 18.08 is hereby amended to add the following:
§18.08.011. Accessory dwelling unit. “Accessory dwelling unit” means either an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons and includes permanent provision for living, sleeping, eating, cooking, and sanitation. Such unit shall be located on the same parcel as other dwelling units and shall be located on a fixed, permanent foundation. Notwithstanding the requirement that an accessory dwelling unit must be located on a fixed, permanent foundation, this requirement shall not preclude a “manufactured home,” as defined in Section 18007 of the California Health and Safety Code, from uses as an accessory dwelling unit subject to the requirements of this chapter. §18.08.213. Electric Vehicle Charging Station (EVCS) or Charging Station. “Electric Vehicle Charging Station” or “Charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance codified in this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
§18.08.214. Electric Vehicle Charging Station (EVCS) or Charging Station, standalone.
“Electric Vehicle Charging Station, standalone” or “Charging station, standalone” means any level of electric vehicle supply equipment station in a quantity upward of two for private for-profit standalone use.
§18.08.325. Junior Accessory Dwelling Unit.
“Junior accessory dwelling unit” means a dwelling unit created out of space entirely within an existing or proposed single-family residence, and of no more than five hundred square feet in size, which provides independent living facilities for one or more persons and includes permanent provisions for living, cooking, eating, and sleeping. For the purpose of this definition, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. A junior accessory dwelling unit shall have independent exterior access. Bathroom facilities may be provided within the unit or may share bathroom facilities with the main residence. §18.08.346. Living area.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Ordinance 1321 Page 9
Municipal Code Text Amendment 24-01
§18.08.347. Livable space.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
§ 18.08.385. Multifamily dwelling.
"Multifamily dwelling" means a structure or portion thereof containing three or more dwelling units designed for the independently occupancy of three of more households.
Development types include apartments, townhomes, single-room occupancy, and residential condominiums.
§18.08.467. Qualified buyer.
“Qualified buyer” means persons or families of low income or moderate income, at that term is defined in Section 50093 of the California Health and Safety Code. §18.08.468. Qualified nonprofit corporation.
“Qualified nonprofit corporation” means an a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest program. §18.08.518. Specific, adverse impact.
“Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete. § 18.08.539. Two-family dwelling (duplex) unit.
"Two-family dwelling (duplex) unit" means a building containing two complete dwelling units designed for the independent occupancy of two households. A “Two-family dwelling (duplex) unit” is not a “multifamily dwelling”.
SECTION 2. Section 18.38 is hereby amended to read as follows:
CHAPTER 18.38
ACCESSORY DWELLING
UNITS
Sections:
§ 18.38.010 Purpose.
§ 18.38.015 Definitions.
§ 18.38.020 Permitted Uses.
§ 18.38.030 General Provisions
§ 18.38.040 Development standards.
§ 18.38.050 Plan review.
Ordinance 1321 Page 10
Municipal Code Text Amendment 24-01
§ 18.38.060 Appeals.
§ 18.38.010. Purpose.
A. The provisions of this chapter are intended to set forth standards, in accordance with state law, for the creation or conversion of at least one accessory dwelling unit (ADU) per lot zoned single-family or multifamily use. An ADU/JADU is an accessory use and does not count toward the allowable density dwelling unit does not exceed the allowable density for the lot on which it is located.
B. The California State Legislature has identified that the need exists for new housing to shelter California's population. Creating the opportunity to provide accessory dwelling units on existing residential property addresses this need and would provide additional housing options within the community.
(Ord. 979 § 2, 1993; Ord. 1251 § 1, 2017; Ord. 1281 Exh. A, 2020) § 18.38.015. Definitions.
For the purpose of this chapter, words and terms used in this chapter shall have the meaning respectively ascribed to them set forth in Chapter 18.08 of this title.
Accessory Dwelling Unit. Either an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. Such unit shall be located on the same parcel as other dwelling units and shall be located on a fixed, permanent foundation. Notwithstanding the requirement that an accessory dwelling unit must be located on a fixed, permanent foundation, this requirement shall not preclude a "manufactured home," as defined in Section 18007 of the California Health and Safety Code, from use as an accessory dwelling unit subject to the requirements of this chapter.
Junior Accessory Dwelling Unit. A dwelling unit created out of space entirely within an existing single-family residence, and of no more than five hundred square feet in size, which provides independent living facilities for one or more persons and includes permanent provisions for living, cooking, eating, and sleeping. A junior accessory unit shall have independent exterior access. Provisions for sanitation may be provided within the unit or may share sanitation facilities with the main residence. (Ord. 1281 Exh. A, 2020)
§ 18.38.020. Permitted uses.
A. A maximum of one accessory dwelling unit, either attached or detached, and one junior accessory dwelling (JADU) unit shall be permitted in zoning districts where singlefamily residential uses are allowed or on multiple family zoned properties which have been improved with a single-family dwelling.
B. Accessory Dwelling Units within Existing or Proposed Multifamily Structures.
Multiple accessory dwelling units are allowable within the portions of existing or proposed dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be allowed within an existing or proposed multifamily structure, and up to a maximum of twenty-five percent of the existing or proposed multifamily dwelling units may be allowed in zoning districts where multifamily dwelling residential uses are permitted.
Ordinance 1321 Page 11
Municipal Code Text Amendment 24-01
C. Detached Accessory Dwelling Units with Existing or Proposed Multifamily Structures. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from the multifamily dwelling shall be allowed in zoning districts where multifamily dwelling residential uses are allowed. (Ord. 979 § 2, 1993; Ord. 1135 § 1, 2003; Ord. 1251 § 1, 2017; Ord. 1281 Exh. A, 2020) § 18.38.030. General provisions.
The following provisions shall apply to all accessory dwelling units:
A. Accessory dwelling units shall be permitted in any zone where single-family or multifamily dwelling residential uses are allowed or as part of any proposed residential development.
B. Accessory dwelling units may be rented. If rented, the rental term shall not be for less than thirty days.
C. Any legally permitted structure, or a structure constructed in the same location and to the same dimensions as a legally permitted structure, which is to be converted to an accessory dwelling unit may be converted without any additional setbacks.
D. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards.
E. Accessory dwelling units may not be sold separately from the main residence, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, then the ADU can be sold or conveyed separately from the primary residence to a qualified buyer consist with Government Code Section 66341 (a)-(e).
For any accessory dwelling unit application on a single family developed property which is received on or after January 1, 2025, the owner of the subject property shall be the occupant of either the primary residence or the accessory dwelling unit, and such restriction shall be recorded on an instrument as approved by the city attorney and shall run with the land.
F. No certificate of occupancy shall be issued for an accessory dwelling unit constructed concurrently with a primary dwelling unit. The primary dwelling unit shall be completed and have first obtained a certificate of occupancy prior to issuance of a certificate of occupancy for the accessory dwelling unit.
G. Any unpermitted ADU or JADU may be permitted if they were constructed before January 1, 2020. This does not apply if the local agency makes a finding that “correcting the violation is necessary to protect the health and safety of the public or occupants of the structure”, (Gov. Code, § 66332, subd. (b)) or to a building that is deemed substandard pursuant to Health and Safety Code section 17920.3 (Gov.
Code, § 66332, subd. (c)).
(Ord. 979 § 2, 1993; Ord. 1135 § 2, 2003; Ord. 1251 § 1, 2017; Ord. 1281 Exh. A, 2020) § 18.38.040. Development standards.
The following property development standards shall apply to all accessory dwelling units:
A. Floor Area. The following floor area standards for accessory dwelling units apply:
1. Attached accessory dwelling units shall not exceed fifty percent of the existing primary dwelling or either eight hundred fifty square feet for a studio or one-bedroom unit or one thousand square feet for a multi-bedroom unit, whichever is less, provided, however, that these floor area requirements shall not preclude an accessory dwelling unit of at least eight hundred square feet from being constructed.
Ordinance 1321 Page 12
Municipal Code Text Amendment 24-01
2. Detached accessory dwelling units shall not exceed eight hundred fifty square feet for a studio or one-bedroom unit or one thousand square feet for a multi-bedroom unit.
3. Junior accessory dwelling units shall not exceed five hundred square feet.
4. All newly constructed accessory dwelling units and junior accessory dwelling units have a minimum size of one hundred fifty square feet, the size of two hundred twenty square feet, the size of an efficiency unit as defined in Section 17958.1 of the California Health and Safety Code in the International Building Code of the International Code Council.
B. Lot Coverage. The lot coverage of the underlying zone shall apply provided, however, that these lot coverage limitations shall not preclude an accessory dwelling unit of at least eight hundred square feet from being constructed.
C. Minimum Yard Areas. The following minimum yard requirements apply.
1. Front Yards. The provisions of the applicable underlying zoning designation of the subject property shall apply. Accessory dwelling units that are 800 square feet or less may be located within the front yard setback area of the underlying zoning designation, if there is no other area on the parcel that can accommodate the accessory dwelling unit, as determined by the director of community development, provided that the front yard setback shall not be less than four feet.
2. Rear Yards. The minimum rear yard shall be four feet.
3. Side Yards. The minimum side yard shall be four feet.
D. Nonconforming Residential Structures. Any nonconforming zoning conditions on the subject property shall not require correction for the purposes of adding either an accessory dwelling unit or junior accessory dwelling unit.
E. Building Height. The following maximum height requirements shall apply for all accessory dwelling units:
1. Sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit.
2. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet (2’) in height is permitted, solely, to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. The provisions of the applicable underlying zoning designation of the subject property shall apply. For corner lots, the maximum height within the street-side setback shall be sixteen feet.
3. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multi-story dwelling.
4. Twenty-five feet or the height limitation in the underlying zone designation of the subject parcel shall apply, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
5. Accessory dwelling units shall not exceed two stories.
F. Building Separation. The minimum separation for a detached accessory dwelling unit from the primary dwelling unit shall be six feet, provided, however, that this minimum separation requirement shall not preclude an accessory dwelling unit of at least eight hundred square feet from being constructed.
G. Parking. No additional parking shall be required for an accessory dwelling unit.
Ordinance 1321 Page 13
Municipal Code Text Amendment 24-01
H. Design Standards. The following design standards shall apply to all accessory dwelling units:
1. All accessory dwelling units shall be designed to architecturally match the existing or proposed residence located on the same property.
2. The entrance to an attached accessory dwelling unit shall be on a separate elevation from the main entrance of the residence. Entry to an accessory dwelling unit or junior accessory dwelling unit shall not be on the elevation of the residence or garage which is parallel to the street; however, the entrance requirements in this subsection shall not preclude the development of an 800 square foot or less accessory dwelling unit, per Government Code Section 66323, subdivision (a)(1)-(4).
3. A detached accessory dwelling unit shall have no exterior entrances on elevations where the distance to a side property line is less than fifteen feet; however, the entrance requirements in this subsection shall not preclude the development of an 800 square foot or less accessory dwelling unit, per Government Code Section 66323, subdivision (a)(1)-(4), from being constructed.
4. An accessory dwelling unit with less than a five-foot side or rear setback shall only have clerestory windows which are a minimum six feet above the floor on those sides.
5. All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.
6. All accessory dwelling units must have a minimum of one hundred square feet of usable open space on the subject property, provided, however, that the usable open space requirement shall not preclude an accessory dwelling unit of at least eight hundred square feet, that is sixteen feet in height with four-foot side and rear yard setbacks. Such open space may be fenced off to provide a separate yard for the accessory dwelling unit or be located within a yard shared with the main residence.
I. Garage Conversions. Garage conversions shall be allowed subject to the following provisions:
1. No additional setback shall be provided for an existing garage which is converted to an accessory dwelling unit. A setback of no more than four feet from side and/or rear lot lines shall be allowed for an accessory dwelling unit constructed above a garage.
2. The garage door shall be removed. The new façade shall include a minimum of one window and shall match the primary residence in regards to materials, colors and architectural elements.
3. A minimum of three feet of landscaping shall be added between the accessory dwelling unit and the driveway.
J. Interior Amenities. The following interior amenity standards shall apply for all accessory dwelling units:
1. Washer/dryer hookups shall be provided within the accessory dwelling unit.
For junior accessory dwelling units, the hookups may be provided within a shared common space within the main residence.
K. JADU Separate Entrance/Interior Access.
1. A JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.
2. A JADU that does include a separate bathroom within the JADU and shares bathroom facilities with the main residence shall include an interior entry to the main living area.
Ordinance 1321 Page 14
Municipal Code Text Amendment 24-01
K.L. Equestrian/Agricultural Property. Notwithstanding any other provisions of this chapter, accessory dwelling units shall be located in such a manner so as not to conflict with the equestrian setback standards of adjoining properties, as set forth in Chapter 18.28 and 18.112 of the San Dimas Municipal Code, to the extent physically feasible. In the event locating an accessory dwelling unit on a parcel in compliance with the setbacks required by this subsection is not physically feasible, this subsection shall not be construed to prohibit the construction of an accessory dwelling unit as described in California Government Code Section 66323(a)(1)-(4)65852.2(e)(1)(A)-(B).
L.M. Hillside Property. The grading standards of the underlying zoning designation shall apply.
M.N. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
N.O. Solar Requirements. Newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, detached ADU (see Title 24, Section 150.1 for exemptions). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the California Energy Code requirement to provide solar systems.
O.P. Utility Connections.
1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city and county connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed in conjunction with a new single-family residence.
2. For a junior accessory dwelling unit or an accessory dwelling unit located within the existing residence, a new or separate utility meter shall not be required and a related connection or capacity fee may not be charged, unless the accessory dwelling unit has been constructed with a new single-family dwelling.
3. When the accessory dwelling unit is attached or detached, a new or separate utility meter may be required. Any connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based upon either its size or the number of plumbing fixtures for a water or sewer system.
4. All new accessory dwelling units within urban service areas shall connect to public wastewater systems. Outside urban service areas, sanitation facilities, plumbing, and water supply for the accessory dwelling unit, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
P.Q. ADU Accessory Structures. These structures are subject to the same four-foot setback requirements as the ADU and shall count towards lot coverage. Any other accessory structure not listed in this subsection shall comply with the development standards of the underlying zone.
1. An attached or detached ADU may include an attached covered patio and/ or porch, which, if, provided, shall be integrated into the design of the ADU and shall not exceed a total combined area of one hundred square feet in size.
2. An attached or detached ADU may include an attached two-car garage, which, if provided, shall be integrated into the design of the ADU and shall not exceed 529 square feet in size, with a minimum interior area of ten feet by twenty feet per vehicle.
Ordinance 1321 Page 15
Municipal Code Text Amendment 24-01
3. An attached ADU located on the second floor, or a detached two-story ADU may include a deck(s), which, if provided, shall be integrated into the design of the ADU and shall not exceed a total combined area of forty square feet in size. The deck shall not extend past the footprint of the existing building nor encroach into the required four-foot setback.
(Ord. 979 § 2, 1993; Ord. 1135 §§ 3—5, 2003; Ord. 1156 §§ 1, 2, 2006; Ord. 1251 § 1, 2017; Ord. 1281 Exh. A, 2020)
§ 18.38.050. Plan review.
The city shall act on approve or deny the building permit application for an accessory dwelling unit within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot. If a permit application to create an ADU is submitted with a permit application to create a new single-family dwelling on the parcel, the City may delay in acting on the permit application for the ADU until the City acts on the permit application to create the new single-family dwelling.
If the City denies an application for an ADU or JADU, the City shall, within the time period described, return in writing a full set of comments to the applicants with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(Ord. 979 § 2, 1993; Ord. 1135 § 6, 2003; Ord. 1251 § 1, 2017; Ord. 1281 Exh. A, 2020) § 18.38.060. Appeals.
Any aggrieved party may file an appeal of a decision of the development plan review board pursuant to the provisions of Chapter 18.212. Any appeal filed shall be limited to matters associated with the application of the provisions of this chapter to the accessory dwelling unit request and shall not be based on objections to approving the accessory dwelling unit as a use on property where the accessory dwelling unit is permitted. (Ord. 979 § 2, 1993; Ord. 1135 § 7, 2003; Ord. 1251 § 1, 2017)
SECTION 3. Section 3 is hereby amended to read as follows:
Chapter 18.170
ELECTRIC VEHICLE CHARGING STATIONS
Sections:
§ 18.170.010 Purpose.
§ 18.170.020 Definitions.
§ 18.170.030 Applicability.
§ 18.170.040 Development standards.
§ 18.170.050 Procedure.
§ 18.170.010 Purpose.
The intent of this chapter is to encourage the streamlined installation of electric vehicle charging stations (EVCS) in accordance with Assembly Bill 1236 and Assembly Bill 970, Government Code section 65850.7, to state law and in a manner that also achieve timely
Ordinance 1321 Page 16
Municipal Code Text Amendment 24-01
and cost-effective installations of EVCS while promotinges functional site design and circulation.
§ 18.170.020 Definitions.
For the purposes of this chapter, the words and terms used in this chapter shall have the meaning ascribed to them, respectively, as set forth in Chapter 18.08 of this title. Where terms are not defined through the methods authorized by this chapter, such terms shall have their ordinary meanings such as the context implies., "electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance codified in this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (Ord. 1267 (Exh. A), 2019)
§ 18.170.030 Applicability.
The standards set forth in this chapter shall apply to all the use of electric vehicle charging stations. as a for-profit commercial business and as an accessory use in industrial, commercial, and professional office developments. The standards and provisions of this chapter shall not apply to:
A. Private residential installations;
B. Private installations on commercial or industrial property that are not-for-profit; such as but not limited to a business owner installing the charging station at a private site exclusively for use by employees; and
C. Not-for-profit installations available at no fee for general public use, such as, but not limited to, installations available for public use at civic sites.
D. Stand-alone charging stations which are not an accessory use to another development. (Ord. 1267 (Exh. A), 2019)
§ 18.170.040 Development standards.
A. General. The siting and design of an electric vehicle charging station should show proper consideration for both the functional aspects of the site, such as automobile, pedestrian, and bicycle circulation, and for its visual effect upon other properties from the view of the public street.
B. Where Permitted. Subject to the provisions of this chapter, standalone electric vehicle charging stations shall be permitted by right as a primary use in areas of the city where service stations are conditionally permitted.
C. Siting/Circulation. Electric vehicle charging stations shall be sited in a manner which minimizes interference with existing operations and circulation patterns.
DC. Utilities. All new utility lines associated with the electric vehicle charging station shall be underground. Any proposed utilities associated with the electric vehicle charging station shall be subject to approval by the director of public works and director of community development.
ED. Lighting. Any new lighting provided shall match the lighting in the existing development in terms of fixture type, light output, height, color, and design. New lighting shall comply with the provisions of this chapter. Any light fixtures proposed to be removed to accommodate the installation of an electric vehicle charging station
Ordinance 1321 Page 17
Municipal Code Text Amendment 24-01
shall not result in unacceptable light levels and may require replacement at the discretion of the planning division.
FE. Aesthetics.
1. Bollards. When the use of bollards is necessary to ensure the safety of the facility, bollards shall be decorative and shall be reviewed by the planning division prior to installation.
2. Painting/Screening.
a. When the charging stations are entirely self-contained, the equipment cabinets shall be painted to match the adjacent development.
b. When excess equipment is required, the equipment shall be screened within an equipment enclosure constructed of decorative masonry with a decorative cap and trellis cover in a style to match the adjacent development.
3. Stalls shall be striped white and marked with white or green only.
GF. Parking.
1. The number of required parking spaces shall be reduced by the minimum amount necessary to accommodate the electric vehicle charging station. Parking Loss Tolerances. The installation of charging stations shall only be permitted when the installation does not cause the removal of required parking beyond the following accepted loss tolerances:
a. When the required parking for the development is one hundred spaces or less, one hundred percent of the required parking must be provided or not more than one station shall be installed.
b. When the required parking for the development is one hundred one to three hundred spaces, ninety-five percent of the total required parking spaces must be provided or not more than one station shall be installed.
c. When the required parking for the development is three hundred one spaces or greater, ninety percent of the total required parking spaces must be provided or not more than one station shall be installed.
d. Electrical vehicle charging parking spaces may be counted as required parking spaces.
HG. Landscape.
1. Landscape Removal. Landscaping shall be protected in place to the greatest extent possible. If required landscaping is removed, replacement landscaping shall be installed elsewhere on-site to the extent physically possible.
2. Landscaping plans may be required to be incorporated into submittals in order to address disturbed landscape areas and additional landscaping may be required to properly screen and soften installations at the discretion of the planning division.
Landscaping shall be installed in accordance with the provisions of Chapter 18.14.
Any trees proposed for removal to accommodate the installation of an electric vehicle charging station shall be identified on the plans and subject to the provisions of Chapter 18.162.
IH. Signage. Signage shall be limited to the charging station unit and parking stalls, and only for the purpose of identifying the charger. Signage shall not be permitted on equipment cabinets or equipment enclosures. Directional or pricing signage shall not be permitted. Signage not associated with the charging station shall not be permitted.
Signage, includinge parking stall stenciling, shall be reviewed by the planning division prior to installation.
JI. Operational and Maintenance.
1. Any landscaping or other site damage caused by the installation or maintenance of the charging station and equipment shall be refurbished to the satisfaction of the development services director director of community development.
Ordinance 1321 Page 18
Municipal Code Text Amendment 24-01
2. The electric vehicle charging station shall be maintained in a clean, orderly manner free from litter, weeds, graffiti, and debris.
3. Should an electric vehicle charging station fall into disrepair, be damaged, or become inoperable during the course of operation, the charging station shall be replaced or repaired as deemed appropriate by the director of community development.
34. Should the operation of the charging station cease, the charging station shall be removed and the parking lot shall be restored to its previous condition. (Ord. 1267 (Exh. A), 2019)
§ 18.170.050 Procedure.
A. Proposals which comply with the standards set forth in Section 18.170.040 may be reviewed and approved by the building official and/ or director of community development. Director of Development Services Upon the approval of a permit application, a building permit will be issued for work as described in the application.
B. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a use permit pursuant to the provisions of Chapter 18.200 of this title.
Proposals which deviate from the standards set forth in Section 18.170.040 are subject to review by the development plan review board. The development plan review board is granted the authority to permit deviations when it finds that the deviations result in an equal or better site design or operational layout and when the deviations do not negatively impact the public health, safety, or welfare. (Ord. 1267 (Exh. A), 2019)
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of March 11, 2025
From: Brad McKinney, City Manager
Prepared by: Debra Black, City Clerk
Subject: Approve a Joint Resolution between Board of Supervisors of the County of Los Angeles and Board of Directors of County Sanitation District No. 22 of Los Angeles County and the Governing Bodies of City of San Dimas and Three Valleys Municipal Water District
____________________________________________________________________________
SUMMARY
This action provides for the annexation into the County Sanitation District for sewer service of one proposed single-family home (APN: 8382-011-023)
RECOMMENDATION
Staff recommends that the City Council:
• Approve the joint resolution between Board of Supervisors of the County of Los Angeles and Board of Directors of County Sanitation District No. 22 of Los Angeles County and the Governing Bodies of City of San Dimas and Three Valleys Municipal Water District for Annexation No. 447.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
Periodically, property owners submit requests to the County of Los Angeles for annexation of their property into the County Sanitation District No. 22 in order to receive off-site disposal of sewage.
Approve a Joint Resolution between Board of Supervisors of the County of Los Angeles and Board of Directors of County Sanitation District No. 22 of Los Angeles County and the Governing Bodies of City of San Dimas and Three Valleys Municipal Water District Page 2 For the Meeting of March 11, 2025
The annexation process requires that a resolution for property tax revenue exchange be adopted by all affected local agencies before an annexation may be approved.
DISCUSSION/ANALYSIS
The annexation process requires that a resolution for property tax revenue exchange be adopted by all the affected local agencies before an annexation may be approved. For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01). By sharing the property tax increment with the District resulting from this annexation, San Dimas will not lose any existing ad valorem tax revenue it currently receives from the affected territory. We would only be giving up a portion of the revenues it would receive on increased assessed valuation.
ALTERNATIVES
If the City Council does not approve this request, the homeowner would incur costs for alternative solutions and require approval from local health and environmental agencies.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt under CEQA guidelines, Title 14, Article 19 Categorical Exemptions, Section 15303. New Construction or conversion of Small Structures, Class 3.
Respectfully submitted,
Debra Black
City Clerk
Attachments:
1. LA County Tax Sharing Resolution Annexation 22-447
ATTACHMENT 1