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Agenda packet

San Dimas City Council
May 13, 2025

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Agenda packet
Meeting
May 13, 2025
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San Dimas City Council
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238
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Ordinance 1324 Page 67
Amend The City Of San Dimas Municipal Code Title 18 As Necessary To Eliminate The Development Plan Review Board.

The project area of Specific Plan No. 26 is designated as commercial by the city general plan (proposed amendment to mixed use) “as a Specific Plan Area for commercial and/or residential development.” All development, uses and activity shall be subject to, but not limited to, the following general provisions:
…
G. Any permitted use or conditionally permitted use not specifically provided by the San Dimas Specific Plan No. 26 shall not be permitted without a determination of use by the Community Development Department development plan review board pursuant to provisions of Chapter 18.12 of this title; and
SECTION 237. Section 18.544.110. is hereby amended to read as follows:

18.544.110. Permitted uses.

Uses permitted in Area I shall include those businesses listed in this section which operate in compliance with the intent and standards of this specific plan area. Each business shall be evaluated in terms of its operational characteristics and specific site location. …
E. Other uses. Other similar permitted and conditional uses determined by the director of community development services to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings as set forth in Section 18.192.040 of this title. The determination of the director may be appealed to the planning commission development plan review board and, thereafter, the city council in accordance with Chapter 18.212 of this title.

SECTION 238. Section 18.544.240. is hereby amended to read as follows:

18.544.240. Signage.

The provisions of Chapter 18.152 of this title shall apply. No signs shall be installed until a master sign program for the project has been approved by the review authority pursuant to Chapter

18.12 of this title. development plan review board.

SECTION 239. Section 18.544.250. is hereby amended to read as follows:

18.544.250. Architecture.

A. Theme. Due to the highly visible location of this site, a common architectural theme is encouraged to provide a high quality product. Structures shall be approved by the review authority pursuant to Chapter 18.12 of this title development plan review board. The use of wood and/or stucco is preferred for the exterior.

SECTION 240. Section 18.544.710. is hereby amended to read as follows:

18.544.710. Entry treatments.

All driveway entrances shall incorporate decorative pavement treatment. Additional entry treatment may be required by the review authority pursuant to Chapter 18.12 of this title development plan review board.

SECTION 241. Section 18.544.770. is hereby amended to read as follows:

18.544.770. Walls.

Walls shall be permitted and/or required pursuant to the following provisions. All walls shall be constructed of decorative concrete tilt-up, masonry or other approved durable material.

A. Required Walls. Walls shall be required to screen truck and storage areas where allowed by this chapter. Interior walls may be required by the review authority pursuant to Chapter 18.12 of this title development plan review board as a component of the design review process. All screening walls shall be architecturally compatible with the buildings within the project and planning units, and shall incorporate vertical landscaping such as vines, trees and shrubbery. The vertical landscaping elements shall be located on the public right-of-way side to provide visual relief from the horizontal expanse. The height of the screening walls shall be governed by the view shed from the surrounding

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Ordinance 1324 Page 68
Amend The City Of San Dimas Municipal Code Title 18 As Necessary To Eliminate The Development Plan Review Board.
areas which shall take into consideration the height of equipment and/ or trucks to be stored behind the walls.

SECTION 242. Section 18.544.800. is hereby amended to read as follows:

18.544.800. Review requirements – Development plans.

A. Before any grading or construction is undertaken on any lot or parcel within the Specific Plan No. 26 area, development plans shall be reviewed and approved pursuant to Chapter 18.12 of this title. Before any grading is undertaken on any lot or parcel within the Specific Plan No. 26 area, a precise plan shall be submitted for review and approval by the development plan review board, planning commission and city council.

B. Unless otherwise provided in accordance with Section 18.12.050 of this title, precise plans shall be subject to final review and approval by the development plan review board, the planning commission and the city council.

C. In addition to the standard development plan findings, the development plan review board, the planning commission and the city council, in approving a precise plan for any lot or lots in Specific Plan No. 26, shall make the following findings:

1. The proposed improvements will maintain or enhance the existing character and purpose of Specific Plan No. 26, as set forth in Section 18.542.010 of this title;

2. 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 planning 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.

SECTION 243. Section 18.544.810 shall be deleted in its entirety:
§ 18.544.810 Precise plan review.

A. The applicant shall submit a minimum of four sets of scaled plans to the planning department which shall include the following, where applicable:

1. Precise grading plan and site plan;

2. Architectural floor plans and elevations;

3. Grading plan;

4. Lighting plan;

5. Conceptual landscaping plan;

6. Fencing plan;

7. Access and circulation plan;

8. Utility plan;

9. Master sign program.

B. Precise plans shall be reviewed and approved as set forth in Section 18.542.800 of this title.

C. The approving authority shall make the findings in accordance with Section 18.12.060 of this title.

SECTION 244. Section 18.544.820 shall be deleted in its entirety:
§ 18.544.820 Plan disposition.

A. 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.

B. The planning commission shall consider the plans and recommend to the city council approval, conditional approval or disapproval of the plans with any conditions deemed necessary to protect the public health, safety and general welfare.

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Ordinance 1324 Page 69
Amend The City Of San Dimas Municipal Code Title 18 As Necessary To Eliminate The Development Plan Review Board.

C. Upon receipt of the recommendation from the planning commission, the city council shall approve, conditionally approve or disapprove the precise plan.

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 development services and reported to the development plan review board.

SECTION 245. Section 18.544.830. is hereby amended to read as follows:

18.544.8310. Minor modifications.

The director of community development services without public hearing may grant minor modifications to the provisions of this specific plan limited to the following:
…
SECTION 246. Section 2.36.010. is hereby amended to read as follows:

2.36.010 Fees- Generally- Renewal
…
A. Unless otherwise stated in this chapter or Chapter 5.28, 5.32 or 5.68, the fee for filing an application for a permit pursuant to this chapter or Chapter 5.28, 5.32 or 5.68, shall be as required by the Fee Schedule Resolution approved by the City Council fifteen dollars, payable in advance. The license fee prescribed in Chapters 5.04, 5.12, 5.16, 5.20, 5.24 and 5.68 for the particular business and the permit fee shall accompany the application for the permit therefor under this chapter and Chapters 5.28, 5.36 and 5.68.

Permits for the following businesses or activities shall be renewed annually on or before the anniversary date of the issuance of such permit:

1. Auction establishments or auctioneer;

2. Bankrupt stock, bankrupt sales or close-out sales;

3. Billiard and pool halls;

4. Carnivals, circuses and rodeos;

5. Accessory game arcades;

6. Entertainment;

7. Pawnbrokers;

8. Secondhand dealers;

9. Solicitors, annual permit application fee, seventy-five dollars;

10. Fortunetelling;

11. Sightseeing recreational tours;

12. Sidewalk vendors.

Fee for each such renewal shall be fifteen dollars.

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Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of February 20, 2025
From: Luis Torrico, Director of Community Development
Prepared by: Marco Espinoza, Planning Manager
Subject: Municipal Code Text Amendment 24-11; Discussion and Consideration of a Municipal Code Text Amendment to amend the City of San Dimas Municipal Code, Title 18 as necessary to amend the process for zone changes and amendments to Title 18 and to eliminate the Development Plan Review Board. ____________________________________________________________________________

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.

On April 27, 2021, the City Council approved the initiation of a Municipal Code Text Amendment (MCTA) to amend the Chapters identified by Staff. The MCTA was broken up into three (3) separate MCTA actions. Due to the complexity of MCTA Action No. 1, it will be done in phases.

This amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed, which is part of MCTA Action No. 1.

Additionally, on July 11, 2023, the City Council initiated a MCTA to eliminate and transfer the Development Plan Review Board (DPRB) authority to the Planning Commission. This action will also amend the Code to eliminate the DPRB and transfer the Board’s review authority to applicable bodies.

RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1692 recommending approval of MCTA 24-11 to the City Council
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
ATTACHMENT 2

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 2 For the Meeting of February 20, 2025

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

BACKGROUND
On April 27, 2021, City Council voted 5-0 to initiate a MCTA to amend, update, delete and/or modify several chapters of the City’s municipal code. The MCTA initiation was broken up into three separate MCTA actions. MCTA Action No. 1 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. 2 consists of amending Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR SingleFamily Downtown Residential Zone of the San Dimas Municipal Code. 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. 1 will be done is parts due to its complexity. As part of MCTA Action No. 1, this amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed. MCTA Action No. 2 was presented to the Planning commission on November 21, 2024, and will be presented to the City Council for review and approval in early 2025. MCTA Action No. 3 will be presented to Planning Commission at a later date.

In addition, on July 11, 2023, the City Council initiated a MCTA to eliminate and transfer the Development Plan Review Board (DPRB) authority to the Planning Commission. This amendment will also amend the Code to eliminate the DPRB and transfer the Board’s review authority to applicable bodies. In addition to architectural review of buildings and structures, the DPRB also service as the License and Permit Hearing Board that is responsible for reviewing and approving Reasonable Accommodation Request Applications. This amendment will also be consistent with one of the recommendations from the Development Process Performance Audit that was completed in 2023 by Matrix Consulting Group. Based on the consultant’s assessment and analysis, they recommended that the City Staff re-allocate DPRB decision authority to either the Director/Planning staff or to the Planning Commission, with largely technical decisions delegated to Staff, while more complex decisions delegated to the Planning Commission.

DISCUSSION/ANALYSIS
As previously mentioned, this amendment will address two (2) items:

1. Amending the process for zone changes and amendments to Title 18

2. The elimination the Development Plan Review Board.

1. Zone Changes and Amendments – Chapter 18.208
Chapter 18.208 Zone Changes and Amendments sets forth the procedures for zone changes and amendments to Title 18. Before a formal application for a MCTA can be submitted, an initiation to petition the change must first be submitted to be considered by the Planning Commission. After Staff reviews the initiation request, a staff report is prepared and presented to the Planning Commission. The Commission will consider whether the proposed zone change or code

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 3 For the Meeting of February 20, 2025
amendment (i.e. MCTA or GPA) is a reasonable request and if the applicant can proceed with a formal application and will either approve the initiation request to allow the applicant to move forward with a formal MCTA application, or deny the initiation request.

It should be noted that there is no fee for the initiation request and submittal requirements for the initiation request and formal MCTA application are the same. The information presented in the initiation staff report is the same information that is presented in the MCTA staff report. The only difference is that the initiation request is not a public hearing while the MCTA request is. It’s also important to note that if the Commission were to deny the initiation request, the City would still have to accept the applicant’s MCTA application if they chose to move forward.

Should this amendment be approved, the first part of the process (Initiation) will no longer be required saving the applicant precious time in the entitlement process. The applicant or property owner or their representative would now submit a formal MCTA application along with the required fee to request a zone change or code amendment. The rest of the process will continue to be the same, which will first be reviewed by the Planning Commission at a public hearing during which the Commission will provide a recommendation to the City Council. Subsequently, the City Council, at a public hearing, will make the final determination on the request. Under the proposed amendments, the City Council and the Planning Commission will still have the ability to direct Staff to process a zone change or code amendment.

In surveying some of the surrounding cities, San Dimas is the only city that has this process.

Removing this procedure will make the process more efficient and will not affect the final outcome of the process. As such, Staff had identified this as a process that is redundant, confusing and time consuming for the applicant; therefore, warrants elimination of the process.

2. Removal of DPRB
The DPRB was created per Chapter 18.12 for the review and approval of certain development projects under a development plan review process. The Board is composed of six (6) members, the president of the Chamber of Commerce; a member of the Planning Commission; the Director of Public Works; the City Manager; the Director of Community Development; or their designated representatives; and an appointed member of the general public at large. The Board meets twice a month, on the second and fourth Thursday of every month at 8:30 a.m. at City Hall. If no items are to be heard the meeting is cancelled. When items are to be heard, neighbor notifications are sent the week before the meeting date, to adjacent neighbors, notifying them of the item and requesting their participation in the DPRB review process. The agenda and the staff reports are also posted on the City’s website for the public’s viewing. The Board may continue, approve or disapprove the applicants’ request at the meeting. If the item is approved there is a 14-day appeal period from the date of approval by the Board. If no appeal is submitted, the applicant may then proceed with the next step in projects entitlements or implementation such as for tree removals.

Table 1 identifies the current review authority for different development projects including the Board’s review authority. Under the current review process, projects in the Exemptions column are reviewed and approved by the Planning Manager or their designee (Planning Staff), and projects in the Director of Development Services are also reviewed and approved at Staff level but also require that neighbors be notified about the project’s approval.

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 4 For the Meeting of February 20, 2025

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 5 For the Meeting of February 20, 2025
Table 1 – Development Plan Review Authority (SDMC 18.12.050) The DPRB is listed as the authoritative body for various forms of development projects throughout Title 18 of the City’s Municipal Code, thus numerous sections of the Municipal Code were required to be amended. The proposed amendments to the San Dimas Municipal Code will simplify the Municipal Code by clearly laying out the process needed for each type of administrative and discretionary action as well as establishing the authority for review of each action. By delegating review and approval authority from the DPRB to either City Staff, Community Development Director, or the Planning Commission; or a combination of the aforementioned authorities.

The DPRB’s function is attached to many aspects of the City Code, approving the design of all new residential and non-residential buildings, modifications to historic structures, master sign programs, tree removals (4 or more trees), community fence plans, to name a few items. The Board also reviews and approves Reasonable Accommodation Request Applications allowing for deviations from the Municipal Code based on their medical or health conditions. Additionally, the Board has an additional role as the Permit and License Hearing Board, the Board reviews and approves live entertainment permits and also permits for specific business that required additional review such as locksmiths, patrol systems, non-certified massage technicians, sidewalk vendors, and others.

The Board’s functions in recent years have been more of approving projects that have already been vetted by staff for compliance with the Code’s development standards and architectural design aesthetics compatible with the city’s standards than of them vetting out the design. These projects also have been approved with conditions of approval that have been standardized by staff, in addition to case specific conditions. This has helped to streamline the Board’s review of certain projects, however the process of preparing a staff report, neighbor notification and the agenda takes time and delays an applicant’s project by up to two (2) months. All the functions the Board currently facilitates can be absorbed by Staff or the Planning Commission, streamlining the process for the process. Table 2 below is the proposed Development Plan Review Authority table that shows the review and approval body for the different developments and/or uses. Staff is not proposing major changes to the review authority. Currently, any new development is reviewed by the DPRB. Under the proposed changes, the Planning Commission would absorb those responsibilities, except for a new single-family residence. Should the proposed changes be approved, a new single family residence would be subject to Director’s review which would be at Staff level but would require that all property owners within one hundred feet of the subject site be notified. However, if the single family residence is proposed as part of a new subdivision, the application will be subject to review by the Planning Commission and City Council due to the Parcel/Tract Map. Staff is also proposing to simplify the review process for swimming pools and commercial signs by requiring that they be reviewed at Staff level. The table below shows all the changes that Staff is proposing.

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 6 For the Meeting of February 20, 2025
Table 18.12.050
Development Plan Review Authority*
Exemptions Administrative -
Planning Division Staff
Director of Community
Development Services
Planning Commission
Development Plan Review
Board (DPRB)
Single-family residential
additions or structural
modifications where addition
is 1-story in height and where
designed to match existing
building exterior
New single-family
residences. Single-family
residential additions or
structural modifications
where addition is greater
than 1-story in height.;
provided neighbors are
notified
New multifamily residential
projects, where the
underlying zone does not
allow as a permitted use;
new office, commercial,
institutional, public, industrial
and other nonresidential
buildings.

Precise Plan; recommend to
city council.

New single-family
residences; new multiplefamily residences, office,
commercial, institutional,
public, industrial and other
nonresidential buildings
Accessory dwelling units
and/or junior accessory
dwelling units
Ground-mounted mechanical
equipment where screened
from view of adjoining
properties and public streets.

Roof-mounted mechanical
equipment for non-residential
uses, or residential uses with
flat roof and screened by a
parapet wall or roof equipmentwell.

Roof-mounted
mechanical
equipment
Patios, gazebos, first
floor/ground decks and similar
accessory decks and similar
accessory residential
structures without cantilever
design or retaining wall
support and not visible from
public rights-of-way
Patios, gazebos, first
floor/ground decks and similar
accessory residential
structures with cantilever
design or retaining wall
support and visible from public
rights-of-way.

Swimming pools and spas with
or without retaining walls or
with not more than 50 cubic
yards of grading(excluding pool
excavation)
Swimming pools and spas
with retaining walls or with
more than 50 cubic yards of
grading (excluding pool
excavation)

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Second-story decks and
balconies less than 200
square feet., which are not on
street-facing side of home and
which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Second-story decks and
balconies greater than 200
square feet., which are not on
street-facing side of home
and which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Signs complying with approved
sign program
Wall signs, and on-site
directional signs and other signs
which comply with Chapter

18.152
Monument signs which
comply with Chapter 18.152
and additional wall signs
allowed by Chapter 18.152
Sign programs
Temporary signs and banners
which comply with Chapter

18.152
Sign face changes
Monument Signs which comply
with Chapter 18.152
Sign Programs
Minor additions and structural
modifications to multiplefamily residential and
nonresidential uses and
structures, for which there is
no increase in intensity of use
or additional parking required.

Examples: interior remodels,
trash enclosures and similar
facilities
Additions and structural
modifications to multiple-family
residential and nonresidential
uses and structures, which
increase intensity of use or
additional parking required or
substantially modifies the
exterior look of the building(s).

Examples: exterior remodeling,
exterior color and material
changes and similar
modifications
Additions and structural
modifications to residential and
nonresidential structures on the
City’s historic inventory list.

Additions or structural
modifications to an
designated historic structure
Demolition of nonhistoric
buildings
Demolition of buildings on
City’s historic inventory list,
subject to review of a historical
significance evaluation
Demolition of designated
historic buildings, subject to
review of a historical
significance evaluation
Grading and reforming of land
of not more than 50 cubic yards
or other minor grading in
isolated, self- contained areas
not intended to support
structures or not associated
with a swimming pool
Grading and reforming of land
greater than 50.1 cubic yards
and which is not associated
with a swimming pool or in
anticipation of a development
plan requiring Planning
Commission DPRB review
Grading associated with a
development plan requiring
Planning Commission DPRB
review

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MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 8 For the Meeting of February 20, 2025
Fencing and landscape plans
complying with an approved
Community fencing or
landscape plans
Community fencing or
landscape plan
Modification to community
fencing plan
Satellite dishes which are less
than 24 inches in diameter and
not visible from public rights-ofway
Satellite dishes 24 36 inches
or greater in diameter or
visible from public rights-ofway, flag poles,
communication towers and
other similar accessory
facilities
Flag poles
Other development of similar
scale or impact, as determined
by the director of community
development services,
provided that no development
explicitly subject to review
under subsection C or D of this
section shall be exempted
Other development of similar
scale or impact, as
determined by the director of
community development
services; provided, that no
development explicitly
subject to review under
subsection D of this section
shall be reviewed pursuant
to this subsection.

Other development plans not
governed by subsections B
and C of this section
Tennis courts
*Structures or developments which are not included in Table 18.12.050 may be allowed, upon a determination by the director of community development that they are similar and not more obnoxious or detrimental than the structures or developments listed above.

Table 2 – Proposed Development Plan Review Authority (SDMC 18.12.050) In addition to deleting DRPB from Chapter 18.12, the DPRB is intertwined in almost every other Section within Chapter 18 - Zoning. Within Title18 there are 77 sections that were all reviewed and amended to delete the DPRB and reassign a review body for the different development and or uses. At this time, Staff is also proposing to delete a confusing process that was changed by through a Policy approved by the City Council. The Code requires in some of the residential Specific Plans, the submittal of a Conditional Use Permit (CUP) Application for accessory structures (i.e. patio cover, decks, detached garages, pools, etc.). These CUP Applications are to be reviewed by the DPRB and not the Planning Commission who reviews and approves CUP’s.

This requirement is costly and time-consuming for residential property owners seeking to make minor improvements to their backyards. Staff is proposing to make this an administrative process, which would significantly reduce the cost and review time, and would be consistent with the review process for the other single-family residential zones in the City.

The Board is also responsible for reviewing Reasonable Accommodation Request Applications; however, in recent years, this has been become problematic due to the Health Insurance Portability and Accountable Act of 1996 (HIPAA), which limits the amount of health information that can be discussed. Therefore, reassigning this process for zoning related issues to the Director of Community Development would be better suited for the City and the applicant. The

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application can be reviewed and approved without having a public meeting and discussing aspects of the application in public.

Another function of the Board is to act as the License and Permit Hearing Board (LPHB) that reviews certain permits and licenses; live entertainment at a business, and certain businesses that at the time of creation of these code sections may not of had a review process or requirements of licenses of permits or certifications from other governmental agencies. Many of the processes and requirements of the LPHB are outdated and can be deleted and/or absorbed by the land use section of the City’s Municipal Code. Staff believes that deleting the LPHB would make the process more efficient; however, this direction was not given by the Council. Therefore, since the DPRB will be eliminated, at this time Staff is proposing to redefine the LPHB to be made up of the Assistant City Manager, and Directors of Administrative Services, Parks and Recreation, Public Works and Community Development. This will still allow the LPHB to function, until Staff brings back a request to eliminate the LPHB to the Planning Commission and City Council.

In addition to the deletion of DPRB and the initiation/petition process, the Code was also amended to correctly refer to the Director of Community Development rather than Planning Director or Director of Community Services to be consistent with the City’s Municipal Code Title 18.

Lastly, with the proposed changes to the review authority table and how the City will review Reasonable Accommodation and LPHB applications, Staff will have to propose new fees. These will be proposed separately to the City Council as fees are not under the purview of the Planning Commission.

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.

Respectfully submitted,
Marco Espinoza
Planning Manager
Attachments:

1. Resolution PC-1692

2. July 11, 2023 City Council Report and Action Summary

3. April 27, 2021, City Council Report and Action Summary

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