Agenda packet, first session — San Dimas City Council, October 14, 2025 (part 2 of 3)

VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 7 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Figure 3 – Enterance Driveway and gate.

Figure 4 – Main driveway leading to alleys/garages
Grading and Fencing
The site currently slopes from the northeast to the southwest. As part of the development, the site will have to be graded. The overall slope and drainage direction of the site will not change; however, the proposed grading will ensure that the development will drain towards the center of the alleyways into underground collection pipes that will divert water down the center of the primary road, south to the underground Low Impact Development (LID) stormwater storage system. The site’s grading will require 27,677 cubic yards of cut and 8,777 cubic yards of fill. Once completed, a total of 13,671 cubic yards of soil will be exported from the site. The regrading of the lots will require double retaining walls with a total height of 16 feet along the north and portion of the east property lines of the project. The 16-foot-high retaining walls will be facing the project site and not the existing commercial and single-family residential developments; therefore, only six feet of the wall will be visible from the adjacent parcels. In order to obtain the required site drainage, the elevation of the overall site will be lowered. In doing so, it will lower the building pads, which will help reduce the overall height perspective of the project from the adjacent properties, lowering concerns regarding visual intrusion (Attachment 3).

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 8 444 W. Bonita Ave.

For the Meeting of October 14, 2025
The perimeter of the project will be fenced off with a six-foot-high, off-white colored, sand finished stucco wall with a decorative cap. Each of the ground level courtyard patios for each of the units will also be fenced off with a 42-inch-high, off-white colored, sand finished, stucco block wall with decorative cap and a metal or wood gate. The six-foot high main entry vehicular and pedestrian wall will be painted black to complement the off-white-colored stucco. The gates will be flanked by stucco pillars that will also house decorative light fixtures.

Condo Design
Given the scale of the proposed development, there will be a mixture of unit types and also a mixture of building cluster types. The Applicant is proposing nine (9) different unit types ranging in size from 1,286 square feet to 2,036 square feet, in two- and three-stories. The two-story units are generally adjacent to the single-family zoned properties east of the subject site, as required by the DTSP. The units will also range from two (2) bedrooms with two (2) and a half baths to five (5) bedrooms with three (3) and a half baths. There will also be seven (7) types of building clusters ranging from three (3) to seven (7) units, each with their own architectural design features, color schemes and layout (Attachment 2). The following is a breakdown of the unit types and building layout types (Figure 5).

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 9 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Figure 5 – Building Layout Types
The project has been designed in a contemporary Spanish style architecture that will include, but not limited to recessed accents, arches, boxed bay windows, metal Juliet railings, canvas window awnings and decorative corbels. All the architectural details that will be incorporated into the development are included in Figures 6 & 7 below.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 10 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Figure 6 – Spanish Architectural Building Details
Figure 7 – Spanish Architectural Building Details

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 11 444 W. Bonita Ave.

For the Meeting of October 14, 2025
The contemporary Spanish Architectural style allows for a variety of building layouts that provide for front porches, balconies, arches, and wall fenestrations. The Applicant has been able to design all the building clusters to have their own architectural look with different roof heights, secondand third-story setbacks from the first floor and cantilever wall planes, developing a cohesive and well-designed development (Figure 8 and Attachment 2).

Figure 8 – Front and Rear Elevations of Two Different 5-Plexs Most of the building clusters have been laid out to have the front doors of the units face an interior walkway that leads to each unit’s courtyard. On the other side of the walkway would be another building with its front door facing the walkway, creating the feel of a neighborhood block. The front court yards are approximately 302 sq. ft. in size and allow for residents to place patio furniture and even a BBQ for their own enjoyment.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 12 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Development Standards
Table 1 below summarizes the various development standards of the DTSP that the Applicant has meet with the proposed development.

Table 1. Development Standards – Gateway Village East
Description Code Standard Provided

1. Maximum
Density
16-25 Units to the acre (Proposed) 17.8 Units to the acre

2. FAR 1.75 0.96

3. Maximum
Stories Above
Grade
3-stoies, 36-feet maximum, pitched
roofs are permitted to extend 8-feet
beyond the maximum permitted.
3-story, 29’-6” plus 7’-7” extension,
2-story, 21’-6”

4. Street
Setback
10 feet min. 200 feet

1. Interior
setback
adjacent to
SF zoning
20 feet
• An additional 12 feet setback
for three-stories
20 feet
• An additional 12 feet setback
for three-stories

6. Interior
setback when
not adjacent to
SF Zoning
Zero feet 7 feet

7. Building
Modulation
Every 100 feet N/A

8. Open Space
Common and
private
150 sq. ft./ unit (combination or
common & private)
• 24,600 sq. ft. req.
49,629 sq. ft. (302 sq. ft./ unit)
Private Open Space
• 60 sq. ft./ unit (6’ min. dim.)
o 9,840 sq. ft. req.
21,116 sq. ft.

Common Open Space
• 1000 sq. ft. min (20’ min. dim.)
28,513 sq. ft.

9. Publicly
Accessible
Open Space
3% of gross floor area, (20’ min.
dim.)
294,148 sq. ft. X 3% = 8,824 sq. ft.
req.
8,984 sq. ft.

10. Parking
• 2 +
bedroom
2 parking spaces/ unit
• 164 x 2 = 328
328 spaces
• 2 garage spaces for every
unit
• Guest 0.25 sp./unit (164/4 = 41 spaces) 41 spaces
• Total
Parking
required
328 + 41= 369 spaces 369 Spaces

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 13 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Tree Removal, Landscaping, Open Space
The Tree Preservation Ordinance serves to preserve and protect any mature significant trees growing in the City. Trees defined as mature require a permit before any major topping, cutting, or removal is done. A mature tree may only be removed or relocated due to disease, development of the subject property, or health and safety concerns affecting the general public. A mature tree is defined as “any Oak tree measuring 8 inches or more in trunk diameter, and/or any other species of tree that measures 10 inches or more in diameter, and any multi-trunk tree having a total circumference of 38 inches or more, with at least one trunk having a minimum diameter of 4 inches. The diameter must be measured at a point 36 inches above the ground at the base of the tree.” The replacement requirement for the removal of a mature tree is two trees, 15-gallon in size.

The Applicant is proposing to remove all the trees from the project site due to the required grading, changing in the finished grade of the project site and the conflict with the proposed building and underground infrastructure. There is a total of 116 trees on the site, 80 of the trees have been determined to be mature and another 36 non-mature. All the trees were seedlings that have not had any proper care or pruning. The variety of trees on the site consist of Canary Island Pine, other Pines, Coast Live Oak, Ash, Sycamore, Cedar, Elderberry and Palms (Attachment 4).

The Applicant is proposing to plant a total of 164 trees, 24-inch box in size, meeting the Tree Preservation Ordinance and the DTSP replacement requirements. The replacement trees will be planted throughout the development, consisting of fruitless Olive, Southern Magnolia, California Sycamore, Crape Myrtle, Strawberry Tree, Australian Willow Columbine Plane, and a few other species.

As part of the tree replacement plan, the Applicant is providing for a comprehensive landscape plan of the entire site, which will also include the development of common open space with several amenities and also the publicly accessible space fronting along Bonita Ave. The public accessible open space will measure 8,984 sq. ft. and will provide an open dog play area, dog station, and benches. In the interior of the development there are several common open spaces totaling 28,513 sq. ft in size. The central community space, the largest open space area in the development, will provide passive and active uses, including, but not limited to a BBQ island, picnic tables, benches, tot lot play equipment, and open green space (Figure 9).

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 14 444 W. Bonita Ave.

For the Meeting of October 14, 2025

Figure 9 – Central Community Open Space
Housing Element Amendment
As previously mentioned, the subject site is Site #13 of the City’s Housing Element Sites inventory.

Site #13 is comprised of two parcels with a total lot size of 12.5 acres. One parcel is owned by GSWC with a lot size of 3.31 acres. The second parcel was part of a larger property owned by the USDA Forest Service with a lot size of 9.19 acres (Figure 10). Since adoption of the Housing Element, the Site has been rezoned to DTSP – Gateway Village East to accommodate the residential density identified in the Housing Element. The proposed development consists of two (2) parcels; however, for purposes of the Housing Element amendment, only Site #13 (both portions) will be included in the analysis.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 15 444 W. Bonita Ave.

For the Meeting of October 14, 2025

Figure 10 – Housing Site 13 Outlined in red. The project site consists of a portion of USDA Forestry Site sold to the Applicant outlined in red and 464 E. Bonita Ave. also sold separately to the applicant.

Site #13 has a designated density range of 45-55 units per acre, per the City’s Housing Element.

However, since the development is proposed on a portion of Site #13, which consists of a 9.19- acre site, the development is proposing a 17.8 unit per acre development, for a total of 164 units.

Therefore, in order for the proposed development to move forward, an amendment to the Housing Element is required to reduce the density designation for the subject site and to address No Net Loss. Under No Net Loss Law, if a city approves a development proposal that calls for a lower density or a reduction of units in any of the income category allocations, than that set forth in the Housing Element, then the city has 180 days to identify additional sites or reallocate units within existing sites to accommodate the units lost as a result of the reduced density.

As a result of the proposed development, the following amendments to the Housing Element will be required:

1. Creating two sites from Site #13 (Site #13a & Site #13b);

2. Reducing the designated density of 45-55 units per acre to 16-25 units per acre for a portion of Site #13, which is proposed for development by the Applicant; and

3. Transferring unit capacities across affordability levels to address No Net Loss.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 16 444 W. Bonita Ave.

For the Meeting of October 14, 2025
Creating Two Sites from Site #13
Site#13 has always been comprised of two
parcels with a total lot size of 12.5 acres (see
Figure 11). One parcel is owned by GSWC with
a lot size of 3.31 acres. The second parcel was
part of a larger property owned by the USDA
Forest Service with a lot size of 9.19 acres.

Since adoption of the Housing Element, the
USDA Forest Service sold the portion of their
property, portion of Site #13, to the Applicant.

Since the Applicant would only be utilizing a
portion of Site #13, the site would need to be
split into two (2) sites; Sites 13a & 13b (Figure
10). As part of the amendment, the Sites
Inventory map will be updated to reflect the
split of Site #13.

In creating a new site (#13b), development
capacity had to be determined. Therefore, the
same methodology described in the City’s 6th
Cycle Housing Element was used to determine
the development capacity for the GSWC site
(Site #13b). The following factors were utilized
in determining development capacity and are
shown in the table below:
• Site Acreage: 3.31 acres
• Site Utilization: 80%
• Affordability: 30% Lower Income / 70% Moderate Income Table 2 - Site #13b Development Capacity
Lower Moderate Above
Moderate
Total
GSWC Property
(APN 8390-016-
007)
Development
Capacity
36 83 0 119
As shown in the Table 2 above, the total development capacity for proposed Site #13b is 119 units. Please note that the affordability levels for Site #13b will be transferred to address No Net Loss, discussed later in the report. While the number of Lower and Moderate-income units will change, the total development capacity will remain at 119 units.

Density Reduction
Site #13 has a designated density of 45-55 units per acre. The portion of Site #13 that was purchased by the Applicant consists of 9.19 acres and would have a development capacity of 413 Figure 11 - Proposed Site #13a & #13b

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 17 444 W. Bonita Ave.

For the Meeting of October 14, 2025
– 505 units based on the current density. However, the applicant is proposing a lower density of 16-25 units per acre on a portion of Site #13, now proposed as Site 13a which would result in an appropriate development of 164 new multi-family units, therefore requiring an amendment to the Housing Element. The other new Site #13b is not proposed to be developed at this time is proposed to remain at its original density designation of 45-55 unit to the acre.

Transferring unit capacities across affordability levels With the proposed change in density for the proposed Site #13a, and the fact that no lower income units are included in the project, a No Net Loss situation is created for the lower income category designated for Site #13. As shown in Table 3 below, when the lower income development capacity of the GSWC property is deducted from the total capacity assigned to Site #13 in the Inventory, and after taking into account the proposed 164-unit development project on the remaining portion of Site #13 (proposed Site #13a), the net change of lower income, moderate income, and above moderate income units attributable to Site #13 is negative 99 units, negative 216 units, and positive 145 units, respectively. After applying the buffer of 10 lower-income units, found in the existing Sites Inventory, the proposed 164-unit development project will result in the need for the City to account for an 89-lower-income unit deficit in the Inventory.

Table 3 - Net Deficit in Site Inventory Buffer
Lower Moderate Above Moderate
Current Site #13 Housing
Element Site Capacity 135 315 0
Proposed 164 Unit
Development, Site #13a 0 17 144
GSWC Property
Proposed Development
Capacity, Site #13b
36 83 0
Net Change in Site #13
Capacity due to
Proposed Development
-99 -215 +144
Net Deficit in Buffer -89* N/A** N/A**
*Remaining buffer accounts for existing 10-unit buffer in Sites Inventory. **Existing inventory includes sufficient buffers for Moderate and Above Moderate-income categories A proposed solution to this net deficit is to adjust the buffer by reallocating units across affordability levels. It’s important to note that in reallocating units, the density and total number of designated Housing Element Site Inventory units for each site will not change (See Table 3). To adjust for the net deficit of 89 units in the buffer for the Lower Income category, units from the Moderate and Above Moderate-Income category could be reallocated to the Lower Income category. By reallocating units within existing sites, there is no need to create new Housing Sites, which is allowed by the Department of Housing and Community Development (HCD) to address No Net Loss.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 18 444 W. Bonita Ave.

For the Meeting of October 14, 2025
The reallocation of units can be accomplished by using sites that provide appropriate densities (30 du/ac or above) to adjust for Lower Income deficiencies, as required by Government Code Section 65583.2(c)(3)(B)(iv). The Sites with minimum densities of 30 units per acre that will be amended by transferring units, include Sites 4, 5, 7, 9, 10b, 11 and 12. Moderate income units from these sites will be transferred to the Lower income category. In addition, moderate income units from the proposed Site #13b will also be transferred, using the revised development capacity, to the Lower income category.

Table 4 below sets forth this approach to reallocating these units to ensure a sufficient Lower Income buffer exists for this development. The current unit numbers to be amended are shown in red strikethrough text, and the proposed unit numbers shown in blue underlined text. The table also shows the units for the proposed development on Site 13a. With the proposed changes, the Lower Income category will increase by 214 units, the Moderate-income category will decrease by 190 units, and the Above Moderate-income category will decrease by 24 units. The reduction to the Moderate and Above Moderate-income categories does not pose a concern as the existing buffers are high enough to absorb the reduction.

Applying these changes to the Sites Inventory table, as shown below in Table 6, results in a buffer of 125 units for the Lower Income category, 665 for the Moderate-Income category, and 441 buffer for the Above Moderate-Income category. The Sites whose units were transferred are highlighted in green. The amended inventory also reflects the newly created Sites #13a and #13b, with the developer’s proposal of 164 units reflected under Site #13a, and the amended development Table 4 - Changes to Housing Element Sites Inventory
Site # Lower Moderate Above Moderate Total
1 0 6 25 31
2 0 4 18 22
3 6 23 0 29
4 22 32 44 34 44 110
5 48 97 97 72 97 73 242
6 0 0 97 97
7 23 33 46 36 46 115
8 23 93 0 115
9 16 26 63 53 0 79
10a 17 69 0 86
10b 52 76 104 80 104 260
11 61 86 108 83 108 277
12 65 123 259 201 0 324
13a 0 17 147 164
13b 36 64 83 55 0 119
14 10 41 0 51
Previous & New
Totals
379 (P)
593 (N)
1,057 (P)
867 (N)
686 (P)
662 (N)
2,289 (P)
2,122 (N)
Difference +214 -190 -24 -167

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 19 444 W. Bonita Ave.

For the Meeting of October 14, 2025
capacity, to account for No Net Loss, reflected under Site #13b. The transfer of units across the affordability levels is intended to promote the development of housing by redistributing units to establish more even and proportionate buffers. For comparison purposes, Table 5 below shows the existing Sites Inventory.

The proposed Housing Element amendments discussed above will allow the proposed development to move forward and keep the City’s Housing Element in compliance. As required by State law, the proposed amendments were submitted to HCD for review on April 21, 2025 (Attachment 5). On June 5, 2025, HCD responded (Attachment 6) stating that the proposed amendments would not impact the City’s Housing Element compliance and the Housing Element will continue to comply with State Housing Element Law once the amendments have been adopted by the City and reviewed for final certification by HCD. Please note that when the proposed amendments were submitted to HCD for review, the development consisted of 161 units, 16 of which were affordable. As currently proposed, the development consists of 164 units, 17 of which are affordable to moderate income households. This minor change should not affect HCD’s review. If the proposed amendments are adopted by the City Council, the revised unit count will be provided to HCD for their final review and certification.

ALTERNATIVES
There are no alternatives proposed for this request.

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VTTM 24-04 (84663), GPA 24-04, DPR 24-13, & TRP 24-04 Page 20 444 W. Bonita Ave.

For the Meeting of October 14, 2025

ENVIRONMENTAL REVIEW
The project is exempt under Government Code Section 65457 and CEQA Guidelines 15182 (c) as the proposed development has been previously analyzed under the Environmental Impact Report (EIR) (SCH No. 2022110018) for the DTSP. The EIR analyzed development of all parcels within the boundaries of the DTSP. The subject site, which is a portion of Housing Element Site #13, was analyzed for a maximum build out capacity at 45-55 units per acre. Applying the max density to the Applicant’s 9.19-acre site, a maximum of 505 units could be developed on the subject site. As long as the proposed development, or any other development within the DTSP, does not exceed the maximum build out analyzed in the EIR, there is no further environmental review required. In this case, the Applicant has proposed a development of 164 units with a density of 17.8 units per acre, significantly below the maximum build out analyzed in the DTSP EIR. While the proposed development is exempt from further CEQA review, focused technical studies, including but not limited to Air Quality, Traffic and Sewer studies were still required to ensure there were no impacts caused by the proposed development. These studies have been completed and reviewed by City Staff and it was determined that no impacts are anticipated from the proposed development.

In addition to the proposed development, the amendment to the Housing Element must also be considered for CEQA review. The proposed amendments consist of reducing the designated density of 45-55 units per acre to 16-25 units per acre for a portion of Site #13, creating two sites from Site #13 (Site #13a & Site 13b), and transferring unit capacities across affordability levels to address No Net Loss. The proposed amendments will not increase the number of Housing Element Housing Sites, nor will they increase the density of the existing Housing Sites; therefore, they will not impact the Housing Element’s current compliance nor are there any anticipated impacts from the proposed changes. As such, the proposed amendments are exempt 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 for the Housing Element amendment or the development of the 164 units.

Respectfully submitted,
Marco Espinoza
Planning Manager
Attachments:

1. Resolution 2025-52

2. Project Plans (architectural, landscaping, fencing and lighting plans)

3. Vesting Tentative Tract Map 84663 (prelim. Grading, wall sections, utility, fire and hydrant plans)

4. Arborist Tree report

5. Housing Element amendment submitted to HCD, April 21, 2025

6. HCD Housing Element amendment response letter, June 5, 2025

7. Affordable Housing Agreement

8. Planning Commission Staff Report, Reso. PC-1701 & Draft Minutes

9. Letter of Opposition

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ATTACHMENT 1
RESOLUTION 2025-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, APPROVING VESTING TENTATIVE TRACT MAP 24-04 (84663), GENERAL PLAN AMENDMENT 24-04, DEVELOPMENT PLAN REVIEW 24-13, TREE REMOVAL PERMIT 24-04; WITH AN

ASSOCIATED AFFORDABLE HOUSING AGREEMENT, A REQUEST TO

APPROVE THE A VESTING TRACT MAP FOR CONDOMINIUM PURPOSES FOR THE DEVELOPMENT OF 164 UNITS (ATTACHED TWO- AND THREESTORIES), 17 OF WHICH WILL BE AFFORDABLE UNITS (MODERATEINCOME); AMEND THE HOUSING ELEMENT TO REALLOCATE 89 UNITS

ACROSS AFFORDABILITY LEVELS FROM THE SUBJECT SITE TO SEVEN (7) OTHER EXISTING HOUSING SITES (NO’S 4, 5, 7, 9, 10B, 11, 12), REDUCE THE DENSITY OF THE SUBJECT SITE FROM 45-55 DUA TO 16-25 DUA, AND CREATE TWO SITES FROM SITE #13 (13A & 13B); DEVELOPMENT PLAN

REVIEW FOR THE ARCHITECTURAL AND SITE LAYOUT REVIEW, AND THE ASSOCIATED REMOVAL OF A TOTAL OF 116 TREES (80 MATURE AND 36 NON-MATURE TREES). THE PROJECT SITE IS LOCATED JUST EAST OF 444 E. BONITA AVE. (APN’S: 8390-016-008 & 8390-014-025)
WHEREAS, an application was duly filed for Vesting Tentative Tract Map 24-04 (84663), General Plan Amendment 24-04, Development Plan Review 24-13, & Tree Removal Permit by:

Matthew Waken on behalf of San Dimas Bonita LLC
27702 Crown Valley Parkway, Suite D-4-197
Ladera Ranch, CA 92694
WHEREAS, the Project is described as:

A request to approve a vesting tract map for condominium purposes for the development of 164 units (attached two- and three-stories), 17 of which will be affordable units (moderateincome)/Affordable Housing Agreement; amend the Housing Element to reallocate 89 units across affordability levels from the subject site to seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12), reduce the density of the subject site from 45-55 DUA to 16-25 DUA, and create two sites from Site #13 (13a & 13b); Development Plan Review for the architectural and site layout review, and the associated removal of a total of 116 trees (80 mature and 36 nonmature trees). and WHEREAS, the residential development Project applies to the following described real properties:

The project site is located just East of 444 E. Bonita Ave. (APN’s: 8390-016-008 & 8390-014-025); and
WHEREAS, the Housing Element amendments apply to the following described real properties:

Site #4 – APNs 8390-017-029 to -031 8390-017-041 to -045; Site #5 – APNs 8390-018-023, 040, -045- 046, -027, -197, -066; and -907, -908, -909; Site #7 – APNs 8386-017-028 & -029,

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Resolution 2025-52 Page 2
VTTM 24-04 (84663), GPA 24-04, DRP 24-13, & TRP 24-04
October 14, 2025
8386-017-043 & -044; Site #9 – APNs 8386-016-010, 013, 006, 034; Site #10b – APNs 8386- 007-063 thru-073 8386-007-091; Site #11 – APNs 8386-007-074 to -081 -061, 062, 052, 916, 8940-106-015; Site #12: APNs 8386-008-020 to –024; & Site #13 – APNS 8390-016-007 – 008; and
WHEREAS, the proposed Housing Element amendment is needed in order to allow for the development of 164 condominium units, 17 of which will be affordable units (moderateincome); the amendment will amend the Housing Element to reallocate 89 units across affordability levels from the subject site to seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12), reduce the density of the subject site from 45-55 DUA to 16-25 DUA, and create two sites from Site #13 (13a & 13b); and
WHEREAS, the proposed amendments were submitted to HCD for review on April 21, 2025 as required by State law. On June 5, 2025, HCD responded stating that the proposed amendments would not impact the City’s Housing Element compliance and the Housing Element will continue to comply with State Housing Element Law once the amendments have been adopted by the City and reviewed for final certification by HCD; and WHEREAS, the proposed amendments are not creating new Housing Sites and consist of reallocating units within the existing Sites and do not increase the density or number of designated units identified in the City’s certified Housing Element; and WHEREAS, based on the A-Line light rail station in San Dimas, the existing Housing Sites identified in the certified Housing Element’s site inventory to accommodate the lower income RHNA units are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by Housing Element. The proposed amendments would not impact development opportunities of the existing Housing sites; and
WHEREAS, the City Council gives Staff the authority to make amendments to the adopted Housing Element and proposed amendments, as directed by the California State Department of Housing and Community Development, provided that said changes do not materially or substantially change the substance or intent of the adopted housing element; and WHEREAS, the City Council has received the report and recommendation of such agencies as have submitted information including the written report and recommendation of Staff; and
WHEREAS, notice was duly given of the Planning Commission’s public hearing on the matter and that a public hearing was held on September 18, 2025, at the hour of 6:00 p.m., with all testimony received being made a part of the public record and the Planning Commission recommending approval of the project to the City Council; and WHEREAS, notice was duly given of the City Council’s public hearing on the matter and that a public hearing was held on October 14, 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 for the consideration of whether the project will have a significant effect on the environment. The

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Resolution 2025-52 Page 3
VTTM 24-04 (84663), GPA 24-04, DRP 24-13, & TRP 24-04
October 14, 2025
proposed development has been previously analyzed under the Environmental Impact Report (EIR) (SCH No. 2022110018) for the Downtown Specific Plan (DTSP). The EIR analyzed development of all parcels within the boundaries of the DTSP. The subject site, which is a portion of Housing Element Site #13, was analyzed for a maximum build out capacity at 45-55 units per acre. Applying the max density to the Applicant’s 9.19-acre site, a maximum of 505 units could be developed on the subject site. As long as the proposed development, or any other development within the DTSP, does not exceed the maximum build out analyzed in the EIR, there is no further environmental review required. In this case, the Applicant has proposed a development of 164 unit with a density of 17.8 units per acre, significantly below the maximum build out analyzed in the DTSP EIR. While the proposed development is exempt from further CEQA review, focused technical studies, including but not limited to Air Quality, Traffic and Sewer studies were still required to ensure there were no impacts caused by the proposed development. These studies have been completed and reviewed by City Staff and was determined that no impacts are anticipated from the proposed development.

Tentative Tract Map Findings:

A. That the proposed tract map is consistent with the General Plan and the applicable Land Use Zone.

The proposed project is on a portion of Site #13, which is one of the Housing Element sites.

Site #13 has a designated density range of 45-55 units per acre, which can accommodate 450 units. However, since the development is proposed on a portion of Site #13, which consists of a 9.19-acres and the development is proposed at 17.8 unit per acre for a total of 164 units, an amendment to the Housing Element is required. The amendment is required to reduce the density designation for the subject site and to address No Net Loss. Under No Net Loss Law, the city will reallocate units within existing Housing Element sites to accommodate the units lost as a result of the reduced density; HCD has provided written clearance for this process to be in compliance with the existing Housing Element.

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Resolution 2025-52 Page 4
VTTM 24-04 (84663), GPA 24-04, DRP 24-13, & TRP 24-04
October 14, 2025
The proposed Vesting Tentative Tract Map 24-04 (84663) will be consistent with the City of San Dimas General Plan Land Use Designation of Downtown Specific Plan Mixed Use, which is intended to provide for multi-family residential developments and the Zoning designation of the Gateway Village East that also allows for housing. The proposed Project will have a density of 17.8 units per acre and consist of 164 condominium units, 17 of which will be affordable to moderate-income households.

The Proposed Project and map are consistent with the General Plan as follows:

Land Use Element Goal L-4: Plan and create an urban form that efficiently utilizes urban infrastructure and services. Plan for orderly growth rather than “leap frog” development.

Objective 4.1: Promote future land use and development patterns which reduce costs of infrastructure construction, encourages transit to make better use of existing facilities, and achieve a good match between future growth and phasing of existing facilities or expansion of new ones.

Objective 4.2: Consider each development proposal in a larger development context.

Understand how each development contributes to certain capacity thresholds for circulation, community services and utilities.

Housing Element Goal 2: Provide adequate housing site to accommodate Regional Housing Needs.

Policy 2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing type, cost and location, emphasizing locations near services and transit that promote walkability.

Policy 2.3: Continue to encourage design consistent with the General Plan and appropriate to the community context.

B. That the design or improvement of the proposed subdivision is consistent with the General Plan and the applicable Land Use Zone.

The subject site has a Land Use designation of Downtown Specific Plan (DTSP) Mixed Use and is zoned DTSP – Gateway Village East with a Housing Element Sites Overlay. Both the land use designation and the zoning of the subject site allow for multi-family development, as proposed by the Applicant. However, the Housing Element Sites Overlay requires a density of 45-55 units per acre, and the proposed development consists of a 17.8 units per acre development. In order to allow for this development to move forward, and to make the project consistent with the Land Use Zone, an amendment to the Housing Element is being processed as part of this request. Aside from this, the proposed design and improvements of the proposed subdivision will be consistent with the General Plan and the applicable Land Use Zone of the subject site. The proposed project meets the design and development standards of the DTSP and will be compatible with the high quality design standards found throughout San Dimas, as well as fitting into the architectural themes found in the community. The proposed development is located within a permitted residential use area with infrastructure

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and utilities readily available to serve the future development. In addition, the proposed Vesting Tentative Tract Map will be compatible with the uses that surround the project site.

The proposed 164 residential unit condominium project will help San Dimas meet its Regional Housing Needs Assessment (RHNA) goals and will give both San Dimas residents and prospective residences with additional housing opportunities.

C. That the site is physically suitable for the type of development proposed.

The project site is physically suitable for the proposed developments. The 9.19-acre site is adequate in size for the proposed 164 residential unit condominium development. All on-site and off-site improvements proposed as part of the project’s design will meet all the Downtown Specific Plan and City Development Standards providing for a safe environment for future residents after development. The site can adequately accommodate the proposed private driveways, alleys, adequate vehicular and emergency vehicle access, and the additional private fire hydrants as required by the Los Angeles County Fire Department.

D. That the site is physically suitable for the proposed density of development.

The proposed project is on a portion of Site #13, which is one of the Housing Element sites.

Site #13 has a designated density range of 45-55 units per acre, which can accommodate 450 units. However, the developer is proposing a lower density of 17.8 units to the acre for a total of 164 units. This lower density level is suitable for the surrounding land uses without intensifying the effects of the project. The proposed subdivision is adjacent to residential uses to the north and east, and non-residential uses to the south and west; therefore, the proposed infill development would be compatible with the existing fabric of the neighborhood and infrastructure can be extended to the project site to serve the new residences.

E. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat.

The design of the subdivision and proposed improvements will not cause substantial damage or injure fish or wildlife or their habitat as there is none on or in close proximity to the development site. The project is located within an urbanized area and is surrounded by residential developments to the north and east, and non-residential development to the south and west. The proposed development has been previously analyzed under the Environmental Impact Report (EIR) (SCH No. 2022110018) for the Downtown Specific Plan (DTSP). The EIR analyzed development of all parcels within the boundaries of the DTSP. The subject site, which is a portion of Housing Element Site #13, was analyzed for a maximum build out capacity at 45-55 units per acre. Applying the max density to the Applicant’s 9.19-acre site, a maximum of 505 units could be developed on the subject site. As long as the proposed development, or any other development within the DTSP, does not exceed the maximum build out analyzed in the EIR, there is no further environmental review required. While the proposed development is exempt from further CEQA review, focused technical studies, including but not limited to Air Quality, Traffic and Sewer studies were still required to ensure there were no impacts caused by the proposed development.

F. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

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The design of the subdivision or the type of improvements are not likely to cause serious public health problems. The project is located in an area primarily developed by residential and non-residential uses. The project is designed with improvements that meet all City and State building and fire codes, and no offensive emissions or odors will be associated with the residential development.

G. That the design of the subdivision or the proposed improvements will not conflict with easements, acquired by the public at-large, for access through or use of the property within the proposed subdivision.

The design of the subdivision or the proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The Vesting Tract Map provides necessary easements for utilities and access, and the Applicant/Developer shall be responsible for installing or repairing associated street improvements such as curb, gutter, and sidewalk consistent with the City requirements, if necessary at the time of construction.

General Plan Amendment Findings
A. Whether or not the proposed change of the general plan amendment will adversely affect the adjoining property as to value, precedent or be detrimental to any area.

The proposed amendment to the Housing Element will reduce the number of units per acre that can be built on a portion of Site #13, which will now be identified as Site #13a. The reduction is from 45-55 DUA to 16-25 DUA, significantly reducing the possible unit count. This reduction will protect the value and the cohesiveness of the established single-family residential community to the east. This lower density level is suitable for the surrounding land uses without intensifying the effects of the project. As for the other non-residential uses to the south and west the proposed amendment will not have any effect to them in a positive or negative way.

B. Whether or not the change of the general plan amendment will further the public health, safety and general welfare.

The proposed amendment will allow for the development of the 164 residential unit condominium project, which will include 17 units affordable to moderate-income households.

The City has not had a project of this large scale in over 30 years. The project will allow for people and families to enter into the housing market, providing a variety of price points depending on one’s needs. The community will create a new neighborhood on what is currently a vacant lot reducing the possibility of blight in this part of the City.

C. Whether or not the change of the general plan amendment is consistent with the general plan and any applicable special plans.

The amendment to reduce the density for a portion of Site #13 will not affect the existing Housing Element as the existing units allocated for the subject will be reallocated among the other existing Housing sites. The reallocation of units can be accomplished by using sites that provide appropriate densities (30 du/ac or above) to adjust for Lower Income deficiencies, as required by Government Code Section 65583.2(c)(3)(B)(iv). The Sites with minimum densities

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of 30 units per acre that will be amended by transferring units include Sites 4, 5, 7, 9, 10b, 11 and 12. Moderate income units from these sites will be transferred to the Lower income category. In addition, moderate income units from the proposed Site #13b will also be transferred, using the revised development capacity, to the Lower income category.

Furthermore, the proposed amendments will not create an impediment to additional residential development during the period covered by the Housing Element. The A-Line light rail station in San Dimas, has created development opportunities for existing uses to be likely discontinued during the planning period, and the proposed amendments will not change this.

The proposed Housing Element amendments will allow the proposed development to move forward and keep the City’s Housing Element in compliance. As required by State law, the proposed amendments were submitted to HCD for review on April 21, 2025. On June 5, 2025, HCD responded stating that the proposed amendments would not impact the City’s Housing Element compliance and the Housing Element will continue to comply with State Housing Element Law once the amendments have been adopted by the City and reviewed for final certification by HCD.

Development Plan Review Findings
A. The development of the site in accordance with the development plan is suitable for the use or development intended.

The proposed development of 164 condominiums within 32 building cluster consisting of twoand three-stories in a Spanish architecture design located on the adjacent lot to the east of 444 E. Bonita Avenue complies with the development standards of the Downtown Specific Plan, Gateway Village East and the Housing Element Site Overlay. The project has been designed to minimize the effects to the single-family residences to the east by providing second story setback of 20 feet and additional 12-foot setback for three-story buildings. The site has been developed with common, private and public open spaces, which will all be landscaped creating and inviting community. The subject site is adequate in size for the proposed development.

B. The total development is so arranged as to avoid traffic congestion, ensure the public health, safety and general welfare, and prevent adverse effects on neighboring property.

The proposed development has been laid out in an effective way allowing for ease when entering and existing the project site. A traffic, air and sewer study were all performed to evaluate the effects of the project on the surrounding community, all the conclusions of the reports were the project would have no to minimum effects. All the internal streets of the project will be private and have been reviewed by the City Engineer, Public Works Department, and LA County Fire Department for compliance. In addition, the condominiums will be constructed in a manner that will not impact public health, safety, general welfare and will prevent adverse effects on neighboring properties.

C. The development is consistent with all elements of the general plan and is in compliance with all applicable provisions of the zoning code and other ordinances and regulations of the City.

The proposed development will be in compliance with the General Plan’s Land Use designation of Downtown Specific Plan Mixed Use and the Housing Element as follows:

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Land Use Element Goal L-4: Plan and create an urban form that efficiently utilizes urban infrastructure and services. Plan for orderly growth rather than “leap frog” development.

Objective 4.2: Consider each development proposal in a larger development context.

Understand how each development contributes to certain capacity thresholds for circulation, community services and utilities.

Housing Element Goal 2: Provide adequate housing site to accommodate Regional Housing Needs.

Policy 2.3: Continue to encourage design consistent with the General Plan and appropriate to the community context.

Tree Removal Findings
A. It is reasonable to remove the trees because the continued existence at the location prevents the reasonable development of the subject property.

The 80 protected mature trees and 36 non-mature trees that are proposed for removal prevent the reasonable development of the property. The tree’s location and grade level conflict with the new grade elevations which is lower, also the trees conflict with the proposed building’s placement and the project’s underground infrastructure. Therefore, removal of all the 116 trees is warranted. Preservation of the trees is not possible at this time. As required by the City’s Tree Preservation Ordinance, the Applicant will be required to plant a minimum of 160 replacement canopy-type trees that are at minimum size of 24-inch box as part of the approval.

PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the City Council approves Vesting Tentative Tract Map 24-04 (84663), General Plan Amendment 24-04, Development Plan Review 24-13, Tree Removal Permit 24-04; with an associated Affordable Housing Agreement, subject to the Applicant’s compliance with Conditions of Approval in “Exhibit A”, and the implementation of the General Plans Amendments to the Housing Element in “Exhibit B” attached hereto and incorporated herein. A copy of this Resolution shall be mailed to the applicant.

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October 14, 2025
PASSED, APPROVED and ADOPTED, this 14th day of October, 2025. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §

CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-52. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 14th, day of October, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

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Exhibit A
Conditions of Approval for
Vesting Tentative Tract Map 24-04 (84663), General Plan Amendment 24-04, Development Plan Review 24-13, Tree Removal Permit 24-04 & Affordable Housing Agreement:

PROJ-24-48 & PROJ-24-59
A request to approve the a vesting tract map for condominium purposes for the development of 164 units (attached two- and three-stories), 17 of which will be affordable units (moderateincome), with an associated Affordable Housing Agreement; amend the Housing Element to reallocate 89 units across affordability levels from the subject site to seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12), reduce the density of the subject site from 45-55 DUA to 16-25 DUA, and create two sites from Site 13 (13a & 13b); Development Plan Review for the architectural and site layout review, and the associated removal of a total of 116 trees (80 mature and 36 non-mature trees). The project site is located just East of 444 E. Bonita Ave. (APN’s: 839- 016-008 & 8390-014-025)
PLANNING DIVISION - (909) 394-6250

GENERAL

1. The Applicant/Developer shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees because of the issuance of such approval, or in the alternative, to relinquish such approval. The Applicant shall reimburse the City, its agents, officers or employees for any Court costs and attorney’s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action.

The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve Applicant of his obligations under this condition.

2. The Applicant/Developer shall be responsible for any City Attorney costs incurred by the City for the project, including, but not limited to, consultations, and the preparation and/or review of legal documents. The Applicant shall deposit funds with the City to cover these costs in an amount to be determined by the City.

3. Copies of the signed City Council Resolution 2025-52 and the Conditions of Approval shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.

4. The Applicant/Developer shall comply with all Zoning Ordinances applicable to the project/request.

5. The Applicant/Developer shall comply with all Conditions of Approval as approved by the City Council on October 14, 2025.

6. The Applicant/Developer shall sign an affidavit accepting all Conditions and all Standard Conditions prior to Final Map recordation.

7. The Applicant/Developer shall comply with all City of San Dimas Business License requirements and shall provide a list of contractors and subcontractors that are subject to business license requirements.

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8. The approval of the tentative maps shall expire twenty-four (24) months following the constitutional approval, unless an extension for a period or periods not to exceed a total of twenty-four (24) months is granted by the city council. The Applicant/Developer may request an extension by written application to the Director of Community Development. Such application shall be filed at least thirty (30) days before the tentative map is due to expire.

Requests for all extensions shall be accompanied by a processing fee as prescribed by resolution of the City Council.

9. The building permits for this project must be issued and construction commenced within twenty-four months from the date of approval or the approval will become invalid. The Applicant/Developer may request up to a 24-month extension by written application to the Director of Community Development. Such application shall be filed at least thirty (30) days before the plan check is to expire. Requests for all extensions shall be accompanied by a processing fee as prescribed by resolution of the City Council.

10. The Applicant/Developer shall be responsible for the preparation of Covenant, Conditions and Restrictions (CC&R’s) establishing a Homeowner’s Association and budget for the maintenance and operation of the common areas, including but not limited to, private streets, project entry gates, landscaping, open space, water quality basins, drainage systems, and retention/detention basins. The Applicant/ Developer shall submit the CC&R’s for review by the Planning Division and the City Attorney. The Applicant/Developer shall be responsible for all City Attorney and staff costs incurred by the City during the review of the CC&R’s. The CC&R’s shall be signed and acknowledged by all parties having any record title interest in the property to be developed, and shall make the City a party thereto, and shall provide the City the right to enforce the CC&R’s. The CC&R’s shall be completed and recorded prior to or concurrent with the recordation of the Final Map.

The CC&R’s shall be subject to the following conditions:
a. The CC&R’s shall be prepared at the developer’s/property owner’s sole cost and expense.
b. The CC&R’s shall be in the form and content approved by the Director of Community Development and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents.
c. The CC&R’s shall provide for the effective establishment, operation, management, use, repair and maintenance of all easement areas and facilities. d. The CC&R’s shall provide that the property be developed, operated, and maintained so as not to create a public nuisance.
e. The CC&R’s shall provide that if the property is not maintained in the condition required by the revised CC&R’s, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner’s sole expense, any maintenance required thereon by the CC&R’s or the City’s ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed.

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f. The CC&R’s shall include any provision specific as project features and or mitigation measures as appropriate and shall include an approved building envelope of each pad.
g. The CC&R’s shall include provisions for architectural design guidelines and enforcement thereof.
h. In addition to the above, the CC&R’s shall include the following:
i. The Declaration shall contain language and an exhibit showing exactly what areas are to be maintained in perpetuity by the Homeowner’s Association. ii. The Declaration shall contain language prohibiting antenna towers and satellite dish antennas unless permitted by local ordinance and a plan is approved by the Homeowner’s Association and the Director of Community Development, showing the location and screening from adjacent residents. i. The CC&R’s shall include maintenance requirements of LID devices and are subject to the approval of the City Engineer and the City Attorney (Public Works). j. The CC&R’s shall include a solid waste disposal operations plan and include access easement for the City Waste Hauler to the satisfaction of the Director of Public Works and City Attorney.

11. Prior to the start of construction, the Applicant/Developer shall install a minimum five-foot (5’) high chain-link fence or other approved material which shall have a dark green or black colored view obscuring screen. The fence shall totally enclose the project site when vacant, under construction, or under demolition and said fence shall remain until occupancy is granted.

12. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

13. The Applicant/Developer shall submit a construction access and staging plan, and schedule for the development of all lots for the Director of Community Development and Public Works approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, NPDES and security fencing.

14. Decorative block walls (Stucco on both sides) with decorative finished cap, shall be constructed along the project perimeter, patio courtyards between residences, and for all retaining walls. If the adjacent neighbor does not want stucco applied to their side of the wall, a signed statement confirming this must be submitted to the Planning Division. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. The Applicant/Developer shall also work with the adjacent neighbors on whether or not they would Applicant/Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project’s perimeter.

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15. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number.

16. Residential projects of five or more units shall comply with the state Model Ordinance adopted pursuant to the California Solid Waste Reuse and Recycling Access Act of 1991 (AB341). This shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials. A residential recycling program shall be implemented in coordination with the trash company. Program shall include weekly collection of recyclable material using any combination of bins or 96-gallon waste containers in sufficient numbers to contain recyclables generated each week by all units.

17. Graffiti shall be removed within 72 hours from the project site.

18. All parking provided shall meet the requirements of Section 18.156 of the San Dimas Municipal Code and the Downtown Specific Plan.

19. The Applicant/Developer shall perform vermin eradication of the subject site prior to commencing the removal of the trees and vegetation and commencement of grading.

Verification of the process shall be submitted to the City prior to grading the site.

20. The Applicant/Developer shall comply with the Migratory Bird Treaty Act (MBTA) during the nesting bird season of February 1 through September 15 to ensure impacts to nesting birds and raptors, which may use vegetation on or near the Project site for nesting, during construction would not occur. A preconstruction clearance survey will be required for nesting birds to be completed no more than 3 days prior to ground disturbance if removal of trees is scheduled during the nesting bird season.

21. Prior to the issuance of building permits for the project, an Affordable Housing Agreement, in a form approved by the City, shall be recorded against the residential development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney.

The Affordable Housing Agreement shall ensure that the Applicant and/or developer develops the required affordable housing units; seventeen (17) moderate-income level units, and satisfies all other requirements of the San Dimas Municipal Code.

DESIGN

22. Building architecture and site plan shall be consistent with plans presented to the Planning Commission on September 18, 2025, and the City Council on October 14, 2025, provided that the Director of Community Development is authorized to make revisions consistent with the San Dimas Municipal Code.

23. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits.

24. Plans for all exterior design features, including, but not limited to, doors, windows, mailboxes and architectural treatments, shall be submitted to the Planning Division for review and approval before issuance of building permits.

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25. The lighting fixture design shall complement the architectural program. Location and type of exterior lighting fixtures shall be submitted by the developer to the Planning Division for review and approval prior to installation.

26. The Applicant/Developer shall install the developments exterior lighting in accordance with a lighting plan showing illumination levels and lighting distribution, as approved by the Planning Division. Shielding shall be implemented where appropriate to reduce light emissions onto adjoining properties. A lighting plan shall be submitted for review and approval, in addition to a $1,500 deposit for review of the plans.

27. All roof-mounted equipment and appurtenances shall be totally screened from public view and shall be located below the building parapet. The applicant shall supply a section drawing indicating the parapet height and all proposed roof equipment. In the event additional screening is necessary, it shall be approved by the Planning Division and installed prior to final inspection and occupancy.

28. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the Applicant/Developer shall be inconspicuously located and screened, as approved by the Director of Community Development. Location of this equipment shall be clearly noted on landscape construction documents.

29. All exterior building colors shall match the color and material boards on file with the Planning Division. Any revision to the approved building colors shall be submitted to the Planning Division for review and approval.

30. The Applicant/Developer shall paint all exposed flashing and/or exposed vents the same color as the adjacent wall/roof.

31. New electrical panels and sub-panels shall be flush mounted for single-family developments.

32. The Applicant/Developer shall remove all existing utility poles and overhead lines on-site and underground all new utilities, and utility drops on-site to the closest power pole off-site.

33. The Applicant/Developer shall add two (2) community dog bag/waste stations in the interior community gathering open space between buildings 24 and 25. Each dog station shall be on opposite ends of the open space (east and west). The final location of dog bag/waste stations will be reviewed and approved by the Planning Division.

34. The Applicant/Developer shall install a decorative trash receptacle next to the community mail boxes and shall also have adequate decorative lighting in place, preferably a light pole.

The trash receptacle and lighting fixture design and placement shall be reviewed and approved by the Planning Division.

LANDSCAPE

35. The Applicant/Developer shall submit to the Planning Division, prior to the issuance of building permits, detailed landscaping and automatic irrigation plans prepared by a California Licensed Landscape Professional, in addition to a $5,000 deposit for review of the plans. Water efficient landscapes shall be implemented in all new and rehabilitated landscaping in single-family and multi-family projects, and in private development projects that require a grading permit, building permit, or use permit, as required by Chapter 18.14

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of the San Dimas Municipal Code. Installation of landscaping and irrigation shall be completed prior to final of the project.

36. All landscaping and automatic irrigation shall be installed and functional prior to occupancy of the building(s), in accordance with the plans approved by the Planning Division.

37. The Applicant/Developer shall show all proposed transformers on the landscape plan. All transformers shall be screened to the satisfaction of the Director of Community Development.

38. All trees to be planted on the project site shall be a minimum of eight (8) feet in height, with a minimum canopy span of three (3) feet. The height and span may be reduced for ornamental trees when approved by the Director of Community Development.

39. Final tree preservation plans shall be reviewed and approved by the Planning Division prior to issuance of building permits.

40. No trees shall be removed other than those indicated on the approved set of landscape plans and identified in the submitted Arborist Report.

DOWNTOWN SPECIFIC PLAN EIR MITIGATION MEASURE REQUIREMENTS

41. Prior to the issuance of any construction permits, the Applicant/Developer shall prepare and implement a worker training program that describes the potential health hazards associated with Valley Fever, common symptoms, proper safety procedures to minimize health hazards, and notification procedures if suspected work-related symptoms are identified during construction. Additionally, this training program shall include worker training on the implementation requirements of the SCAQMD approved Dust Control Plan. Copies of the training program shall be provided to the City of San Dimas Planning Division. The worker training program shall identify safety measures to be implemented by construction contractors during construction. These measures shall include the following:
a. HEPA-filtered, air-conditioned enclosed cabs shall be provided on heavy equipment when available. Workers shall be trained on the proper use of cabs, such as turning on air conditioning prior to using the equipment; b. Communication methods, such as two-way radios, shall be provided for use by workers in enclosed cabs;
c. Personal protective equipment (PPE), such as half-mask and/or full-mask respirators equipped with particulate filtration, shall be provided to workers active in dusty work areas upon request;
d. Separate, clean eating areas with hand-washing facilities shall be provided for construction workers; and

2. Equipment, vehicles, and other items shall be cleaned before they are moved off-site to other work locations.

42. Construction Equipment. The Applicant/Developer shall ensure the following requirements are incorporated into applicable bid documents, purchase orders, and contracts.

Contractors shall confirm the ability to supply the compliant construction equipment prior to any ground-disturbing and construction activities:

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a. Mobile off-road construction equipment (wheeled or tracked) greater than 50 hp used during construction of the project shall meet the U.S. EPA Tier 4 final standards. In the event of specialized equipment use where Tier 4 equipment is not commercially available at the time of construction, the equipment shall, at a minimum, meet the Tier 3 standards. Zero-emissions construction equipment may be incorporated in lieu of Tier 4 final equipment. A copy of each equipment’s certified tier specification or model year specification shall be available to the City upon request at the time of mobilization of each piece of equipment. b. Mobile off-road construction equipment less than 50 hp used during construction of the individual projects shall be electric or other alternative fuel type. A copy of each unit’s certified tier specification or model year specification shall be available to the City upon request at the time of mobilization of each applicable unit of equipment.
c. Electric hook-ups to the power grid shall be used instead of temporary diesel- or gasoline-powered generators, whenever feasible during construction of development or projects envisioned in the DTSP. If generators need to be used, the generators shall be non-diesel generators.

43. Before occupancy of new structures within the Project Site, the Applicant/Developer must provide to the Director of Community Development documentation of the incorporation of low-emission technology including solar water heaters, air-source heat pump, natural gas, and/or gas boosted solar as deemed appropriate by future project specific analysis.

44. Unanticipated Discovery of Paleontological Resources. In the event an unanticipated fossil discovery is made during project development, work in the immediate vicinity of the find shall be stopped, and a qualified professional paleontologist shall be retained to evaluate the discovery, determine its significance, and identify if mitigation or treatment is warranted.

Significant paleontological resources found during construction monitoring shall be prepared, identified, analyzed, and permanently curated in an approved regional museum repository. Work around the discovery shall only resume once the find is properly documented and authorization is given to resume construction work.

45. Prior to the issuance of grading permits, the Applicant/Developer or their designee shall develop a Construction Noise Reduction Plan to minimize construction noise at nearby noise sensitive receptors. The Construction Noise Reduction Plan shall be developed in coordination with a certified acoustical consultant and the Project construction contractors and shall be approved by the City of San Dimas. The Construction Noise Reduction Plan shall outline and identify noise complaint measures, best management construction practices, and equipment noise reduction measures. The Construction Noise Reduction Plan shall include, but is not limited to, the following actions:
a. Construction equipment shall be properly maintained per manufacturers’ specifications and fitted with the best available noise suppression devise (i.e. mufflers, silencers, wraps, etc.).
b. Noise construction activities whose specific location on the DTSP area may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as feasibly possible from the nearest noise sensitive land uses.
c. If feasible, schedule grading activities so as to avoid operating numerous pieces of heavy-duty off-road construction equipment (e.g., backhoes, dozers,

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excavators, loaders, rollers, etc.) simultaneously in close proximity to the boundary of properties of off-site noise sensitive receptors surrounding the DTSP area to reduce construction noise levels by approximately 5 to 10 dB.
d. Shroud or shield all impact tools, and muffle or shield all intake and exhaust port on power equipment to reduce construction noise by 10 dB or more. e. Where feasible, temporary barriers, including but not limited to, sound blankets on existing fences and walls, or freestanding portable sound walls, shall be placed as close to the noise source or as close to the receptor as possible and break the line of sight between the source and receptor where modeled levels exceed applicable standards. Noise barriers may include, but is not necessarily limited to, using appropriately thick wooden panel walls (at least 0.5-inches think). Such barriers shall reduce construction noise by 5 to 10 dB at nearby noise-sensitive receptor locations. Alternatively, field-erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity. The barrier material is assumed to be solid and dense enough to demonstrate acoustical transmission loss that is at least 10 dB or greater than the estimated noise reduction effect. These suggested barrier types do not represent the only ways to achieve the indicated noise reduction in dB; they represent examples of how such noise attenuation might be attained by this measure. f. Implement noise compliant reporting. A sign, legible at a distance of 50 feet, shall be posted at the Project construction site, providing a contact name and a telephone number where residents can inquire about the construction process and register complaints. This sign will indicate the dates and duration of construction activities. In conjunction with this required posting, a noise disturbance coordinator will be identified to address construction noise concerns received. The contact name and the telephone number for the noise disturbance coordinator will be posted on the sign. The coordinator will be responsible for responding to any local complaints about construction noise and will notify the County to determine the cause and implement reasonable measures to the complaint, as deemed acceptable by the City.

AIR QUALITY ANALYSIS REQUIREMENTS

46. The Applicant/Developer must comply with the requirements of SCAQMD Rule 403 regarding fugitive dust control, including, but not limited to, the following:
a. Pre-water active grading or trenching areas.
b. Water all active construction areas as frequently as needed (at least twice daily) to prevent visible dust plumes from extending more than 100 feet. c. Maintain a stabilized surface or apply dust suppressants to inactive areas, disturbed surfaces, staging areas, haul routes, and unpaved roads. d. Limit on-site vehicle speeds to 15 mph on unpaved areas. e. Maintain all haul trucks with covered loads and ≥6 inches of freeboard (CVC §23114).
f. Stabilize stockpiles with water or covers and restrict height if near occupied structures.
g. Use a gravel pad at egress points (minimum 30' x 50', 1" washed gravel, 6" depth), or alternatively a wheel shaker or wheel washing station.

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h. Remove track-out extending ≥25 feet onto public roadways immediately and clean daily.
i. Suspend dust-generating activities and implement contingency measures during high wind events (wind gusts >25 mph).
j. Re-vegetate or stabilize disturbed areas within 21 days of inactivity. k. Limit construction vehicle traffic to designated haul routes only.

47. All diesel construction equipment should have Tier 4 low emission “clean diesel” engines (OEM or retrofit) that include diesel oxidation catalysts and diesel particulate filters that meet the latest CARB best available control technology.

48. All construction equipment shall be maintained in proper tune.

49. All construction vehicles shall be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

50. Minimize the simultaneous operation of multiple construction equipment units to the extent feasible.

BUILDING DIVISION – (909) 394-6260

51. The plans shall be prepared in compliance with the latest edition of the codes as amended and adopted by reference by the City of San Dimas: California Green Building Standards Code, California Building Code, California Residential Code, California Mechanical Code, California Plumbing Code, and California Electrical Code.

52. The Applicant/Developer shall comply with the latest California Title 24 Energy requirements for all new lighting, insulation, and mechanical equipment and submit calculations and signed at time of initial plan review. All exterior lighting to comply with required lighting density limits, controls and BUG standards.

53. The Applicant/Developer shall submit to the Building Division of the City of San Dimas plans that have been reviewed and approved by the Los Angeles County Fire Department. Plans may include access, fire sprinklers, mechanical ventilation, and any other applicable items regulated under the Fire Code.

54. The Applicant/Developer shall comply with the latest disabled access regulations as found in Title 24 of the California Code of Regulations and the Americans with Disabilities Act. Accessible items shall include, but not be limited to: Customize-project specific…. parking, accessible pedestrian routes, accessible/adaptable units, public/common use areas, swimming pool, stage etc.

55. All plans are required to be stamped by a California Registered Engineer or Architect unless specifically exempted by Sections 5537-5538 of the California Business & Professions Code.

56. Construction calculations, including lateral analysis, shall be required at the time plans are submitted for plan check.

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57. Mechanical, Electrical and Plumbing plans are required to be submitted at time of initial plan submittal. Electrical schematic and load calculations, and plumbing (drain, waste, vent, water, and gas) schematics will be required before issuance of electrical or plumbing permits.

58. The Applicant/Developer shall submit a Drainage Plan for the proposed development to be reviewed and approved by the City Engineer and the Building Official.

59. The Applicant/Developer shall submit a Precise Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Community Development. Plans shall include a composite utility locations, paving and stripping plan as well as the size of the disturbed area and the volumetric amount of cut, fill, and overexcavation.

60. The Applicant/Developer shall submit a Rough Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Community Development. The Grading Plan shall conform to Appendix J of the California Building Code and shall utilize City standard notes and layout.

61. Prior to the issuance of any grading or building permits, the Applicant/Developer shall submit an updated Engineering Geology/Soils Report that includes an accurate description of the geology of the site and conclusions and recommendations regarding the effect of the geologic conditions on the proposed development and include a discussion of the expansiveness of the soils and recommended measures for foundations and slabs on grade to resist volumetric changes of the soil. This report shall also include recommendations for surcharge setback requirements in the area of ungraded slopes steeper than five horizontal to one vertical.

62. Building foundation inspections shall not be performed until a rough grading certification, location and elevation certification of the foundation forms from a California licensed surveyor, and a final soils report has been filed with the City and approved. All drainage facilities must be operable.

63. Prior to the inspection of the foundation, the Applicant/Developer shall submit a footing bottom compaction certification by a licensed soils technician who is working under the direct supervision of the Geologist of Record.

64. Fees shall be paid to Bonita School District in compliance with Government Code Section 65995.

65. The Applicant/Developer shall Contact the Los Angeles County Public Works Department, Environmental Program Division for any required permit or clearance of industrial and hazardous waste disposal.

66. The Applicant/Developer shall Contact the Los Angeles County Sanitation District for potential fees associated with annexation, connection, or change of occupancy.

67. The Applicant/Developer shall comply with CAL Green Section 4.408.2 “Residential Mandatory Measures, Residential waste recycling” (or if applicable) 5.408.2 “Commercial Mandatory Measures, Commercial waste recycling”.

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68. Prior to removing any existing structures on the property, the Applicant/Developer shall obtain clearance from SCAQMD and obtain a Demolition Permit from the Building and Safety Division.

69. The Applicant/Developer shall submit an Electrical Distribution Plan for all proposed switchgear or transformers to the City for review as soon as available.

70. Construction hours shall be limited to between 7:00 a.m. and 8:00 p.m., and shall be prohibited at any time on Sundays or public holidays, per San Dimas Municipal Code Section 8.36.100.

1. Phased occupancy shall not be granted until all improvements required as part of the approval have been completed in full for each phase, and approved or finalized by the appropriate department. A phasing plan shall be submitted for approval by the Director of Community Development prior to issuance of building permits.

ENGINEERING DIVISION – (909) 394-6240

2. The Applicant/Developer shall clearly show the proposed public utility easements including a separate10’ wide public sewer easement on the VTTM. All proposed sewer mainlines within the development shall be public sewers with corresponding easements shown on the VTTM.

3. The Applicant/Developer shall submit a Precise Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Community Development. Plans shall include composite utility locations, pavement, curb & gutter, sidewalk, driveways, lighting, signing and striping.

4. The Applicant/Developer shall submit a Rough Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Community Development. The Grading Plan shall conform to Appendix J of the California Building Code and shall utilize City standard notes and layout.

5. Prior to the issuance of any grading or building permits, the Applicant/Developer shall submit an updated Engineering Geology/Soils Report that includes an accurate description of the geology of the site and conclusions and recommendations regarding the effect of the geologic conditions on the proposed development and include a discussion of the expansiveness of the soils and recommended measures for foundations and slabs on grade to resist volumetric changes of the soil. This report shall also include recommendations for surcharge setback requirements in the area of ungraded slopes steeper than five horizontal to one vertical.

6. The Applicant/Developer shall provide a signed copy of the City’s certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES).

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77. The Applicant/Developer shall install public sanitary sewers to serve the entire development to the specifications of the City Engineer and Los Angeles County Sewer Maintenance District. The existing sewer mainline traversing the project site including all service connections upstream of the project site shall remain in full operation during the required modifications to re-route the sewer mainline to the project streets within the development.

78. The Applicant/Developer shall contact the Los Angeles County Sanitation District for any required annexation, extension, or sewer trunk fee. Proof of payment/clearance is required before the City will issue any sewer permit.

79. The Applicant/Developer shall install storm drain improvements to carry runoff of storm waters in the area proposed to be developed, and for contributory drainage from adjoining properties to the satisfaction of the City Engineer. The proposed drainage improvements shall be based on a detailed Hydrology Study conforming to the current Los Angeles County methodology. The developed flows outletting into the existing downstream system(s) from this project cannot exceed the pre-existing storm flows.

80. The Applicant/Developer shall provide public utility and reciprocal access easements (fire lanes) for the development on the Tract Map to the satisfaction of the City Attorney, the Public Works Director and City Engineer.

81. The Applicant/Developer shall underground all new utilities and utility drops. The existing power lines on the east side of the new project entrance shall be undergrounded to the satisfaction of the Public Works Director and City Engineer.

82. The Applicant/Developer shall provide street lights, street name signs, stop signs, and striping in conformance with City and Ca MUTCD standards.

83. The Applicant/Developer shall provide full street improvements on all private streets within the limits of the development. Improvements to include curbs and gutters, sidewalks, and paving according to City standards, as shown in the following table:

Street Name
Curb & Gutter
PavementA.C. SidewalkApproachDrive Street LightsStreet TreesTrailMulti-use IslandMedian Bike TrailOther Bonita Ave x x x a, b
Private Street / Drive
Aisles x x x x x x c
Notes: a Pavement design of 20 years using T.I.=8 for the south half of Bonita Avenue within limits of development.
b Provide and dedicate ADA path behind drive approach
c Pavement design of 20 years using a min. T.I.=5 for private streets within development.

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84. The Applicant/Developer shall provide mailboxes per City of San Dimas standards. Mailbox locations are subject to the approval of the local postmaster and the City Engineer.

85. The Applicant/Developer shall install public water improvements for the proposed development to the satisfaction of the City Engineer, Golden State Water Company, and the Los Angeles County Fire Department.

86. The Applicant/Developer shall be responsible for any repairs to Bonita Avenue within the limits of the development, including but not limited to streets and paving, curbs and gutters, sidewalks, and street lights as determined by the City Engineer and Public Works Director.

87. The Applicant/Developer shall obtain a Public Works permit for all work within or adjacent to the public right-of-way and shall be subject to review and approval of the Public Works Director and the work shall be in accordance with applicable standards of the City of San Dimas; i.e. Standard Specifications for Public Works Construction (Green Book) and the California Manual of Uniform Traffic Control Devices (CA MUTCD), and further that the construction equipment ingress and egress be controlled by a plan approved by Public Works.

88. For projects that disturb one (1) acre or greater of soil, or projects that disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, the project must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity, Construction General Permit Order 2012-0006- DWQ (as amended by all future adopted Construction General Permits). The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Developer must submit a Notice of Intent and Waste Discharger’s Identification (WDID) number as evidence of having applied with the Construction General Permit before the City will issue a grading permit. The project proponent is ultimately responsible to comply with the requirements of Order No. 2012- 0006-DWQ, however, the City shall have the authority to enter the project site, review the project SWPPP, and require modifications and subsequent implementations to the SWPPP in order to prevent polluted runoff from leaving the project site onto public or private property.

89. For all projects subject to Low Impact Development (LID) regulations, the Applicant/Developer must submit a site-specific drainage concept and stormwater quality plan to implement LID design principles.

90. A fully executed “Maintenance Covenant for LID Requirements” shall be recorded with the L.A. County Registrar/Recorder and submitted to the Public Works Department prior to the Certificate of Occupancy. Covenant documents shall be required to include an exhibit that details the installed treatment control devices as well as any site design or source control Best Management Practices (BMPs) for post construction. The information to be provided on this exhibit shall include, but not be limited to:
i. 8 ½” x 11” exhibits with record property owner information. ii. Types of BMPs (i.e., site design, source control and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation. iii. Clear depiction of location of BMPs, especially those located below ground.

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iv. A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
v. Calculations to support the sizing of the BMPs employed on the project shall be included in the report. These calculations shall correlate directly with the minimum treatment requirements of the current MS4 permit. In the case of implementing infiltration BMPs, a percolation test of the affected soil shall be performed and submitted for review by the City Engineer. vi. This document shall be reviewed by and concurred with Public Works to ensure the covenant complies with the MS4 Permit.

91. Improvement plans and necessary letters of credit, cash, and/or bonds to secure the construction of all public improvements shall be submitted and approved by the City Engineer, and the subdivision agreement and other required agreements approved by City Attorney, prior to the recordation of the Final Map.

92. A Final Map prepared by or under the direction of a Registered Civil Engineer or Licensed Land Surveyor must be processed through the City Engineer prior to being filed with the County Recorder.

93. All easements existing at the time of the Final Map approval must be accounted for on the approved Tentative Map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location.

94. Easements for Private Driveways and Fire Lanes, and all utilities, including a separate water easement and separate sewer easement shall be provided on the Final Map to the satisfaction of the City Engineer, City Attorney, and the Director of Community Development.

95. All site, grading, landscape & irrigation, and street improvement plans shall be coordinated for consistency prior to the issuance of any permits.

96. A preliminary title report and guarantee is required and such document shall show all fee interest holders; all interest holders whose interest could ripen into a fee; all trust deeds, together with the name of the trustee; and all easement holders. The account for this title report should remain open until the final map is filed with the County Recorder.

97. The Applicant/Developer, Engineer or Surveyor shall set durable monuments to the satisfaction of the City Engineer in conformance with Section 66495 of the Subdivision Map Act. The Applicant/Developer shall also provide monumentation specified in writing by a Registered Engineer or Licensed Land Surveyor of Record with accompanying security.

98. Construction parking and material storage shall be confined to the site. Construction related parking or material storage is not permitted on the surrounding streets.

99. The CC&R’s shall include maintenance requirements of all required LID stormwater treatment devices and are subject to the approval of the City Engineer and the City Attorney.

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100. The CC&R’s shall include a solid waste disposal operations plan and include access easement for the City Waste Hauler to the satisfaction of the Director of Public Works and City Attorney.
101. The Applicant/Developer shall obtain approval from the Metro A Line for any proposed improvements within 10’ of their railroad right-of-way. 102. The Applicant/Developer shall quitclaim the existing Southern California Edison in the document (Instrument No. 80-748002 recorded 8/5/1908) traversing the site prior to Certificate of Occupancy.
103. The Applicant/Developer shall provide an ingress and egress easement to the United States Department of Forestry to the satisfaction of the City Engineer prior to the recordation of the Tract Map.
104. Trash enclosures shall be constructed per the adopted City of San Dimas Standard Plan and to the satisfaction of the City’s trash hauler, the Director of Public Works, and the City Engineer. Trash enclosure quantity and locations may be adjusted and finalized based on projected usage and line of sight for vehicles for site circulation.

PARKS & RECREATION – (909) 394-6230

1. The Applicant/Developer shall comply with City regulations regarding payment of Park, Recreation and Open Space Development Fee per SDMC Chapter 3.26. Fees shall be paid prior to issuance of building permits.

2. The Subdivision Applicant/Developer shall comply with Chapter 17.36 of the San Dimas Municipal Code regarding Park Land Dedication (Quimby Act). The City may require fees in lieu of land or a combination thereof based on the market value of the land to be dedicated. Fees shall be paid prior to recordation.

LOS ANGELES COUNTY FIRE DEPARTMENT – (323) 890-4243
Final Map Requirements

3. The Final Map shall be submitted to Land Development Unit for review and approval prior to recordation of the Final Map. Access as noted on the Tentative and the Exhibit maps shall comply with Title21 (County of Los Angeles Subdivision Code) and Section 503 of Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.

4. The private driveway proposed as a private streets for access throughout the development shall be labeled as “Private Driveway” on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as “Fire Lane” on the Final Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement which is required for all private driveways. Compliance required prior to Final Map clearance.

5. A common access agreement is required for the private driveway since multiple units are sharing the same access. Such language shall be included in the Covenant, Conditions,

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and Restrictions (CC&R) document and shall be submitted to the Fire Department for review prior to Final Map Clearance.
110. The Proposed gates shall be submitted for review and approval prior to the Final Map clearance.
111. Failure to Comply with the Final map review prior to recordation of the Final map, may result in the building plans for the project not being approved during the Fire Department, Fire Prevention Engineering section building plan check.

Water System Requirements
112. All fire hydrants shall measure 6”x4”x2-1/2” brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the County of Los Angeles Fire Code.
113. The required fire flow for the public fire hydrants for this project is 2,500 gpm at 20 psi residual pressure for 2 hours.
114. All required PUBLIC fire hydrants shall be installed, tested, and accepted prior to beginning construction. Fire Code 501.4
115. Install seven (7) public fire hydrants. Location: As indicated on the Site Plan.

116. Additional fire hydrants will be required during the building plan check phase. All required private on-site fire hydrants shall be installed, tested, and approved prior to building occupancy. Fire Code 901.5.1
117. All fire hydrants shall be installed at a minimum of 25’ feet from a structure or protected by a two (2) hour rated firewall. Exception: for fully sprinkled multi-family structures, on-site hydrants may be installed a minimum of 10 feet from the structure. Indicate compliance prior to the project proceeding to the public hearing process. Fire Code Appendix C106.1. 118. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction.
119. The Final Map shall be submitted to Los Angeles County Fire Department for review and approval prior to recordation.
120. Fire hydrant improvement plans shall be submitted for review and approval prior to the clearance of the Final Map.

End of Conditions

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Exhibit B

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Director of Administrative
Services
Michael O’Brien
Director of Community
Development
Luis Torrico
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov City Council
Emmett Badar, Mayor
Eric Nakano, Mayor Pro Tem – District 2
Rachel Bratakos - District 3
Ryan A. Vienna, - District 4
Eric Weber - District 1
City Manager
Brad McKinney
Assistant City Manager
Travis Sais
City Attorney
Jeff Malawy
April 21, 2025 SENT VIA EMAIL
Melinda Coy
Proactive Housing Accountability Chief
Department of Housing and Community Development
Division of Housing Policy Development
651 Bannon Street, Ste. 400
Sacramento, CA 95811
RE: General Plan Amendment 24-04 - City of San Dimas 6th Cycle Housing Element Amendment #1
Dear Ms. Coy,
The City of San Dimas’ (City) 6th Cycle Housing Element was approved by the San Dimas City Council on September 27, 2022, through Resolution 2022-50 and subsequently certified by the California State Department of Housing and Community Development (HCD) on October 14, 2022. Since adoption of the Housing Element, the City has diligently been working on completing Housing Element Housing Programs to keep the City in compliance, including rezoning the City’s Housing Sites. Since adoption of the Housing Element, City Staff has actively been meeting with developers who inquire about the City’s Housing Sites Inventory.

The City’s Housing Sites Inventory consists of 15 housing sites which plan for a total of 2,289 units (478 Lower Income, 1,272 Moderate Income & 539 Above Moderate) to accommodate the City’s RHNA allocation of 1,248 units. The table below provides a breakdown of the Housing Sites Inventory in the City’s adopted and HCD certified Housing Element:

ATTACHMENT 5

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Site Low Mod Above Moderate Total
1 0 6 25 31
2 0 4 18 22
3 6 23 0 29
4 22 44 44 110
5 48 97 97 242
6 0 0 97 97
7 23 46 46 115
8 23 93 0 116
9 16 63 0 79
10a 17 69 0 86
10b 52 104 104 260
11 61 108 108 277
12 65 259 0 324
13 135 315 0 450
14 10 41 0 51
TOTAL 478 1,272 539 2,289
Housing Element Sites Inventory - 6th Cycle Housing Element Table 1 – Housing Element Sites Inventory – 6
th Cycle Housing Element
It should be noted that the City’s inventory, included in the City’s Housing Element, incorrectly sums the total number of unit capacities. The Sites Inventory in the Housing Element identifies 479 Lower Income, 1,273 Moderate Income and 538 Above ModerateIncome units. The table above correctly shows the number of units for each income category. The corrected Housing Element Sites Inventory Buffer is shown below:

Corrected Housing Element Sites Inventory Buffer
Lower Moderate Above Moderate
RHNA Requirement 604 206 438 1,248
Non-Housing Site Units
(Pipeline Projects,
ADUs, Vacant Lots)
136 4 217 357
Housing Site Units 478 1,272 539 2,289
TOTAL UNITS 614 1,276 756 2,646
SURPLUS (i.e., Buffer) 10 1,070 318 1,398
Table 2 – Corrected Housing Element Sites Inventory Buffer The City is currently working with a developer on a proposed multi-family residential development located on a portion of one of the City’s Housing Sites; Site #13. Site#13 is comprised of two parcels with a total lot size of 12.5 acres (see Figure 1). One parcel is owned by Golden State Water (GSWC) with a lot size of 3.31 acres. The second parcel was part of a larger property owned by the USDA Forest Service with a lot size of 9.19 acres. Since adoption of the Housing Element, the Site has been rezoned to Downtown Specific Plan – Gateway Village East to accommodate the residential density identified in

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov the Housing Element. In addition, since adoption of the Housing Element, the USDA Forest Service sold the portion of their property, portion of Site #13, to a private developer (Figure 2).

Figure 1 - Housing Site #13
Figure 2 – Portion of USDA Forestry Site sold to private developer

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Proposed Multi-Family Development
As previously mentioned, the City has received an
application for a multi-family residential
development on a portion of Site #13. The
development includes 161 units consisting of a
mix of 2-, 3- and 4-bedroom three-story units. In
addition, the developer is proposing 16 moderate
income units; 10% of the total development. The
site plan (Figure 3) to the left is shown for
illustrative purposes.

Site #13 has a designated density of 45-55 units
per acre, which can accommodate 450 units, per
the City’s Housing Element. However, since the
development is proposed on a portion of Site #13,
which consists of 9.19-acre site, the development
is proposing an 18.2 unit per acre development.

The proposed density will result in a multi-family
development that will be more appropriate for the
reduced site size, than a development of 45-55
units per acre. In addition, a three-story
development, with two stories adjacent to the
single-family development to the east would be
more suitable than a four or five story
development.

Therefore, in order for the proposed development
to move forward, an amendment to the Housing
Element is required to reduce the density
designation for the subject site and to address No Net Loss. The density for the GSWC, the remaining portion of Site #13, will remain at 45-55 units per acre, which will result in a reduced development capacity. It should be noted that the developer did inquire about acquiring the remaining portion from GSWC; however, there was no interest in selling the property.

Housing Element Amendment
The amendment to the Housing Element will include:

1. Reducing the designated density of 45-55 units per acre to 15-20 units per acre for a portion of Site #13, which is owned by the developer.

2. Creating two sites from Site #13 (Site #13a & Site 13b)

3. Determining development capacity for proposed Site #13b

4. Transferring unit capacities across affordability levels to address No Net Loss.

Figure 3 – Proposed site plan

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Density Reduction
Site #13 has designated density of 45-55 units per acre. The portion of Site #13 that was purchased by the developer consists of 9.19 acres and would have a development capacity of 413 – 505 units, should it be developed pursuant to designated density in the Housing Element. However, since it doesn’t include all of Site #13, the reduced density of 15-20 units per acre would result in an appropriate development that would provide 161 new multi-family units, 16 of which would be sold to moderate income households.

Creating Two Sites from Site #13
Site#13 is comprised of two parcels
with a total lot size of 12.5 acres (see
Figure 1). One parcel is owned by
GSWC with a lot size of 3.31 acres.

The second parcel was part of a larger
property owned by the USDA Forest
Service with a lot size of 9.19 acres.

Since adoption of the Housing
Element, the USDA Forest Service
sold the portion of their property,
portion of Site #13, to a private
developer (Figure 2). Since the
developer would only be utilizing a
portion of Site #13, the site would
have to split into two sites; Sites 13a
& 13b (Figure 4). As part of the
amendment, the Sites Inventory map
will be updated to reflect the split of
Site #13.

Determining Development Capacity For Proposed Site 13b
The same methodology described in the City’s 6th Cycle Housing Element was used to determine the development capacity for the GSWC site (proposed Site 13b). The following factors were utilized in determining development capacity and are shown in the table below:
• Site Acreage: 3.31 acres
• Site Utilization: 80%
• Affordability: 30% Lower Income / 70% Moderate Income Figure 4 - Proposed Site 13a & 13b

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Development Capacity of the GSWC Property (APN 8390-016-007) Lower Moderate Above Moderate
GSWC Property
(APN 8390-016-007)
Development Capacity
36 83 0
Table 3 – Development Capacity for GSWC Property
Note: Unit counts are rounded to the nearest whole unit.

No Net Loss
With the proposed change in density for the proposed Site #13a, a No Net Loss situation is created for the lower income units designated for Site 13. As shown in the table below, when the lower income development capacity of the GSWC property is deducted from the total capacity assigned to Site #13 in the Inventory, and after taking into account the proposed 161-unit development project on the remaining portion of Site #13 (proposed Site #13a), the net change of lower income, moderate income, and above moderate income units attributable to Site #13 is negative 99 units, negative 216 units, and positive 145 units, respectively. After applying the buffer of 10 lower-income units, found in the existing Sites Inventory, the proposed 161-unit development project will result in the need for the City to account for an 89-lower-income unit deficit in the Inventory.

Net Deficit in Site Inventory Buffer
Lower Moderate Above Moderate
Site #13 Housing
Element Site Capacity
135 315 0
Proposed 161 Unit
Development
0 16 145
GSWC Property
Development Capacity
36 83 0
Net Change in Site #13
Capacity Specific to
Applicant Property
-99 -216 +145
Net Deficit in Buffer -89 N/A N/A
Table 4 – Net Deficit in Site Inventory Buffer
Note: Remaining buffer accounts for existing 10-unit buffer in Sites Inventory.

A proposed solution to this net deficit is to adjust the buffer by reallocating units across affordability levels. To adjust for the net deficit of 89 units in the buffer for the Lower Income category, units from the Moderate and Above Moderate Income category could be reallocated to the Lower Income category. This can be accomplished by using sites that provide appropriate densities (30 du/ac or above) to adjust for Lower Income deficiencies. This complies with the statutory provision that considers densities at 30 du/ac and above as appropriate to accommodate any level of affordability. (Gov’t Code Section 65583.2(c)(3)(B)(iv).)
The table below identifies eligible sites in the Inventory that provide these appropriate densities, with the actual sites that will be amended by transferring units highlighted in green:

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Remaining Inventory Sites Providing Densities That Can
Accommodate Lower Income Units
Site # Lower Moderate Above Moderate
4 22 44 44
5 48 97 97
7 23 46 46
9 16 63 0
10a 17 69 0
10b 52 104 104
11 61 108 108
12 65 259 0
Table 5 – Sites with 30 units per acre
For purposes of this analysis, we are assuming the proposed development scenario described above, which would include 161 units comprised of 145 Above ModerateIncome units and 16 Moderate Income units. As shown above, approval of this development would result in a net deficit of 89 units in the Lower Income category when accounting for the existing 10-unit Lower Income buffer.

To address the 89-unit deficit created by the proposed development, Moderate income units from Sites 4, 5, 7, 9 10b, 11 and 12 will be transferred to the Lower income category.

In addition, moderate income units from the proposed Site #13b will also be transferred, using the revised development capacity, to the Lower income category. The following table sets forth this approach to reallocating these units to ensure a sufficient Lower Income buffer exists for this development. The current unit numbers to be amended are shown in red strikethrough text, and the proposed unit numbers shown in blue underlined text. The table also shows the units for the proposed development on Site 13a. With the proposed changes, the Lower Income category will increase by 214 units, the Moderate Income category will decrease by 190 units, and the Above Moderate Income category will decrease by 24 units.

Changes to Housing Element Sites Inventory
Site # Lower Moderate Above Moderate
1 0 6 25
2 0 4 18
3 6 23 0
4 22 32 44 34 44
5 48 97 97 72 97 73
6 0 0 97
7 23 33 46 36 46
8 23 93 0
9 16 26 63 53 0
10a 17 69 0
10b 52 76 104 80 104
11 61 86 108 83 108
12 65 123 259 201 0
13a 0 16 145
13b 36 64 83 55 0
14 10 41 0
Difference +214 -190 -24
Table 6 – Changes to Housing Element Sites Inventory

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov Applying these changes to the Sites Inventory table, as shown below, results in a buffer of 125 units for the Lower Income category, 664 for the Moderate Income category, and 439 buffer for the Above Moderate Income category. The Sites whose units were transferred are highlighted in green. The amended inventory also reflects the newly created Sites #13a and #13b, with the developer’s proposal of 161 units reflected under Site #13a, and the amended development capacity, to account for No Net Loss, reflected under Site #13b.

PROPOSED AMENDED SITES INVENTORY TABLE
Site Density Low Mod Above Total
1 12-16 0 6 25 31
2 12-16 0 4 18 22
3 25-35 6 23 0 29
4 35-45 32 34 44 110
5 35-45 97 72 73 242
6 25-35 0 0 97 97
7 35-45 33 36 46 115
8 25-35 23 93 0 116
9 35-45 26 53 0 79
10a 35-45 17 69 0 86
10b 35-45 76 80 104 260
11 45-55 86 83 108 277
12 45-55 123 201 0 324
13a 15-20 0 16 145 161
13b 45-55 64 55 0 119
14 16-25 10 41 0 51
SUBTOTAL 593 866 660 2119
ADUs 136 4 60 200
Vacant Infill/Projects 0 0 157 157
Grand Total 729 870 877 2476
RHNA 604 206 438 1248
Surplus 125 664 439 1228
Table 7 – Proposed Amended Sites Inventory Table
The transfer of units across the affordability levels is intended to promote the development of housing by redistributing units to establish more even and proportionate buffers.

Furthermore, by utilizing pro rata distribution of Moderate Income units, this approach does not result in an increase in the existing percent distribution of lower income units.

Therefore, this approach does not adversely affect the City’s obligation to meet the Affirmatively Further Fair Housing requirements of the Housing Element Law.

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City of San Dimas Housing Element Amendment #1
April 21, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov The revisions required for this amendment are provided using track-changes and are included as attachments to this letter. In addition, the adopted and certified version of the City’s Housing Element can be accessed at Sandimasca.gov/HousingElement.

Posting Requirement – Government Code Section 65585(b)(1)(A) In compliance with Government Code Section 65585(b)(1)(A), the City posted the draft Housing Element revisions to the City’s website for seven days for public comment, which can be accessed at
https://sandimasca.gov/departments/community_development/planning_division/housin g_element_amendment.php. No individuals or organizations were notified of the proposed revisions as there were no individuals or organizations which had previously requested notices related to the City’s Housing Element. No comments were received on the proposed revisions; however, there will be other opportunities for public comment when the project is scheduled for public hearings.

Please feel free to contact me at 909.394.6208 or [email protected] if you have any questions.

Sincerely,
Luis Torrico
Director of Community Development
Enc. Proposed Draft Revisions

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City of San Dimas General Plan
2021 - 2029 Housing Element 1
B. Sites Inventory
The housing site inventory represents the sites that will be available to address the City’s share of the region’s need for housing. San Dimas lacks vacant and underutilized sites available with multiple family and mixed use zoning, density, and development standards in place to accommodate the 2021-2029 RHNA as the RHNA is three times higher the goal of any prior housing element. However, the City has the opportunity to leverage its location and access to future rail transit to encourage and facilitate the development of housing to address its RHNA.

While the City has significant undeveloped property in its northern reaches, this is located in mountainous area and, due to terrain and fire hazards, is unsuitable for development. Therefore, the City has made a diligent effort to select those sites that are most ripe for redevelopment. As discussed later, the City also contacted residential developers with direct experience in working with infill sites so the City can understand the underlying conditions affecting the feasibility of development and the programs necessary to address and mitigate any potential constraints.

Housing sites were selected that could meet the following minimum criteria:
■ The site(s) must be free of environmental hazards and have ready access to water, sewer, road, drainage, and dry utility infrastructure; in other words, significant new infrastructure is not required to serve the project. ■ The site(s) must have, are suitable for, and will have general plan land use designations and zoning in place, adequate density, and by right permitting consistent with state density thresholds.
■ Any site included must have received inquiries/interest from property owners, realtors, builders, or have conditions (e.g., excess vacancies, code enforcement/property conditions) that affect financial viability. ■ The sites do not require the demolition of existing residential uses that would raise displacement concerns or fundamentally affect or alter existing residential neighborhoods.
■ Multiple-family sites must be located generally closer to downtown where sites are located near available retail, commercial, and public services and future rail transit along the Gold Line extension.

Based on the above criteria, the City has identified 14 15 potential sites for redesignation to residential and mixed uses within the central business district of San Dimas which can accommodate the requisite types, density, and affordability mix of housing commensurate with the 2021-2029 RHNA. While there are smaller infill sites in established and predominantly lower density residential neighborhoods, most sites are located within the proposed DTSP. 1 1 Subsequent to adoption of this 2021-2029 Housing Element, the San Dimas City Council voted to approve the DTSP on September 24, 2024.

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 2
Housing Sites for the RHNA
Figure HE-4.2 displays the location of the 14 sites that are anticipated to develop with housing during the 2021-2029 planning period. Table HE-4.4 that follows the map lists each site and general existing site characteristics.

Figure HE-4.2 Housing Element Sites

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 3
Table HE-4.4 Housing Site List
Site Site Name Address Acres
Current
GPLU Current Use
1 SP-23a 155 N. Eucla

3.2 SP-23
Industrial/
MixedUse
Construction yard
2 SP-23b 159 N Acacia

2.9 Industrial/
MixedUseSP23
Pump company; truck dispatch
3 SP-23c 115 N Cataract 2.9 SP-23
DTSP
Contractor storage/sales
4 Town Center 110-170 E. Bonita 5.2 DTSPCG
-2
Mixed strip commercial
5 Walnut Arrow 105-279 Arrow 11.5 DTSPM1; P/SP
Office, storage, gas station,
6 Bonita/Cataract 344 W. Bonita 4.4 DTSPCG
-2
Vacant Site
7 Bowling Alley 400 W. Bonita 5.5 t DTSPCG
-2
Bowling Alley + vacant site
8 Warehouse 305 S Acacia 5.8 DTSPM-1 Older Tilt-up warehouse 9 Bonita North 341-451 Bonita 2.8 DTSPCG
-2
Offices, restaurant, misc.
10a Bonita/Eucla 502/530 W. Bonita;
133 S. Eucla

3.1 DTSPCG
-1
Office bldgs., light industrial
10b Station North
501-678 W. Arrow
Hwy

12.4 DTSPCG
-1
Mixed strip commercial
11 Station South 11.3 DTSPCG
-1
Mixed strip commercial
12 Red Roof Inn 204 N Village Ct 9.0 DTSPCG
-1
Hotel; mix of singular uses
131
3a USDA Forestry 444 E. BonitaAPN 8390-016-008

12.5 9.19
PSPDTS
P
Vacant Site
13b GSWC APN: 8390-016-
007

3.31 PSPDTS
P
Vacant Site
14 The Trails 444 N. Amelia

4.0 MF16Reside
ntial High
II (16.1-
25)
Apartments + vacant land
Note: Subsequent to the adoption of the Housing Element, the City rezoned and amended the General Plan designation of the Housing sites to accommodate the RHNA allocation.

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 4
Downtown Specific Plan
San Dimas’ efforts to address the 2021-2029
RHNA requires an understanding of the
drafting of the Downtown Specific Plan (DTSP)–
its origin, historic investments, and future
opportunities. The DTSP is the culmination of
decades of urban planning and reflects the
City’s desire to leverage regional transit plans
(e.g., Gold Line Foothill extension), local
economic revitalization efforts, and its various
housing and land use policy together to create
a vibrant downtown for the community.

San Dimas’ downtown dates to the early 20th century, well before the city was incorporated. At that time, the downtown had developed around the local citrus industry and the Southern Pacific Railroad, which allowed the transport of goods throughout the state and the nation. Residential neighborhoods in a traditional “grid pattern” were built nearby. With the demise of citrus in the 1960s, the downtown eventually fell into disrepair. The City began its efforts to redevelop the downtown with housing, infrastructure, and business attraction strategies.

Gold Line construction began in 2000 and started in the west San Gabriel Valley.

As described later, Metro began investing billions of dollars to install new light rail along former railroad right-of-way. As rail was installed, cities in the west valley began to draft downtown specific plans that could leverage housing, transportation and economic development–yielding benefits to their cities. The Foothill extension, approved in 2017, included San Dimas and offered a similar opportunity for the City. As a result, the City initiated a groundbreaking DTSP, described later in this chapter and in the Housing Plan.

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 5
Gold Line Extension and Impact on Housing Demand
For more than a decade, the Metro has been building the Gold Line. The 12.6 mile Gold Line from Pasadena to Azusa was finished in 2015. In 2016, Metro found that the Gold Line generated $6.7 billion in investment, translating into 12,500 new housing units, 1,400 hotel rooms, and 3.6 msf of commercial space. In short, the Gold Line has been shown to fundamentally change the local economy and demand for housing in communities, particularly near the station locations.

The Gold Line Foothill Extension is under construction and will extend through the remainder of the east San Gabriel Valley, with stations at: Glendora, San Dimas, La Verne, and Pomona with connections to Claremont and Montclair Transcenter.

The Metro’s Gold Line extension is projected to spur around $9 billion of investment, including 17,000 residential dwelling units, 10 msf of commercial space, and approximately 250 hotel rooms.12 Rail and supporting infrastructure is presently under construction in San Dimas’ downtown.

Foothill Corridor cities (e.g., Pasadena, Arcadia, Monrovia, Azusa, and Duarte) have been able to capture the financial benefits from rail construction. As noted in “Urbanize Los Angeles”, local government specific plans have resulted in extensive residential, mixed use, and commercial development near the stations.23 As stated earlier, San Dimas is embarking on a Downtown Specific Plan with the express intent to leverage the demand for housing, mixed uses, and commercial development that has resulted from the Gold Line extension in adjacent cities.
12 https://foothillgoldline.org/default/transit-oriented-development-past-and-present/ 23 See https://la.urbanize.city/tags/foothill-gold-line Figure HE-4.3 Gold Line Foothill Extension

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 6
Adaptive Reuse Opportunities
The City has been experiencing property owner interest in adaptive reuse of historic structures to incorporate mixed uses in the downtown. In 2021, the City Council adopted a municipal code text amendment (MCTA) to allow the adaptive reuse of historic structures with a conditional use permit in the Creative Growth District of downtown. Prior and potential projects are listed below.

The City’s hisory of adaptive reuse
dates back 25 years. Built in 1997, the
City facilitated development of
Monte Vista Place, a 12-unit senior
rental project. The City worked with
the owner to rebuild the structure
and add second story units. The City
provided RDA set-aside funds, and
the units are deed restricted as lower
income units until 2048. This is the
first successful mixed use project in
downtown San Dimas.

The Johnston building once included
at-grade commercial uses with
second story housing, until the units
were removed many years ago.

However, the property owner has
approached the City about exploring
options for an adaptive reuse project.

Upon completion, 18 smaller rental
units are anticipated. These units are
expected to be smaller efficiency
units, most likely affordable to low
and moderate income households.

The Fischer Store building was also
once a mixed use project. The
property owner financed a MCTA to
conditionally permit previous mixed
uses in the Creative Growth District.

While an application has not been
submitted, the City anticipates the
conversion of the upper story into
rental units affordable to low income
residents. An application for mixed
use is anticipated in the future.

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 7
Other Downtown Mixed Use Projects
In additional to adaptive reuse of historic structures, the City has approved three modern mixed use projects in both horizontal and vertical formats during the prior 15 years (2009–2017). Each represents a different type of mixed use that is built to its surrounding context and individual site dimensions.

Built in 2009, the Grove Station is a
75-unit mixed use project in
downtown. To facilitate the project,
the City granted a conditional use
permit, on-site parking reduction,
fee deferral, and other incentives.

The project is 100 percent occupied.

The project was built at 13 du/ac.

The project is affordable to above
moderate income households, with
10 units restricted as affordable to
moderate income households.

Built in 2014, Avalon Bay occupies a
former shopping center lot and is an
example of horizontal mixed use.

This Class A project has a high level
of amenities and surrounds a market
and retail and services businesses.

The former RDA contributed $2.6
million to buydown rents on 24
units, ensuring affordability to lowmod incomes. The City also granted a parking reduction and fee deferral.

The affordability restriction covers
55 years and will expire in 2069.

In 2017, the Johnstone Station was
completed as a vertical mixed use
building on San Dimas Avenue. The
product has 19 units, including 6
townhomes, 5 single-family homes,
and 8 live-work residences. All of the
homes and commercial uses are
fully occupied and leased. The
townhome units are all affordable to
above moderate income
households. The density of
development is 11 du/ac.

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 8
Downtown Concept
San Dimas is embarking on creating its first Downtown Specific Plan (DTSP). The DTSP will establish a planning and zoning framework for encouraging innovative, transit-oriented development, and mixed uses in the downtown while preserving the character and charm of the historic commercial district. To provide a catalyst for the DTSP, the City is exploring options for a signature mixed use concept (e.g., residential, hotel, and commercial uses) that will anchor San Dimas’s downtown and serve as a catalyst for mixed uses envisioned throughout the downtown. This type of mixed use development is consistent with Metro studies of the impact of the Gold Line extension and significant demand for new housing near the station.

The DTSP is on a two-year planning process. The City is drafting a Vision Statement and Goals to guide the DTSP. Extensive community involvement is underway with surveys, community workshops, and a community advisory committee (CAC). In an effort to provide different avenues for engaging and hearing from the public, the City created an interactive website. The MindMixer website allows community members to comment and provide input through interactive means.

The City has also setup a webpage for the DTSP, which can be accessed at:
www.sandimasca.gov/departments/community_development /planning_division /downtown_specific_plan.php. The DTSP is schedule for completion in 2023. The Housing Plan, Program #7, identifies the land use designations, densities and acreage of land that will be established to address the City’s 2021-2029 RHNA.

Illustration of San Dimas Pioneer Square (Concept for Discussion)

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 9
Development Feasibility
While San Dimas has a history of mixed use development in downtown, the City recognizes that proactive programs are required to facilitate development.

Experienced residential developers who understand the financials of the building industry can share insights on the feasibility of sites to be redeveloped for housing.

As such, the City asked residential developers, with decades of experience in the San Gabriel Valley, to review and assess the City’s plans for housing.

Specifically, City planners sought to determine whether the future housing sites identified for the downtown specific plan and housing element were feasible for development. In addition, these developers were also asked about policies and programs that the City could adopt to encourage the development of housing.

Three general questions were posed (with a synposis of the answer below):
■ Given that the majority of sites have existing commercial and industrial uses that would need to be recycled, would any of the uses not be expected to turnover to accommodate residential or mixed uses?
Response: Due to the high demand for housing, along with the proximity of the parcels to the Gold Line, we do not see the existing commercial/residential uses as being a barrier to the redevelopment of the selected properties. ■ What will be the impact of the Gold Line Extension for San Dimas? Response: With the planned Metro Gold Line Station opening in San Dimas in 2025, we see the potential for the sites located near the future station to redevelop into multiple-family and/or mixed use housing like Pasadena, Monrovia, Duarte, Azusa, and Glendora.
■ What selection criteria do you look for when judging the suitability of a site for purchase and development with residential and/or mixed uses? Response: The developers cited various criteria, including - Site size of 0.75 acre or larger
- Density of at least 30 du/ac
- Heights-three stories or 38’ for 30- du/ac
- Reduced and shared parking (1 space per unit)
- Reduced open space/setbacks for multi-family residential - Flexibility in development standards
- Sites that are not historic or have environmental constraints - Streamlined entitlement and permitting process
The sites slected for the land inventory are consistent with these criteria.

Development Assumptions
San Dimas’ downtown is built out; and therefore, new mixed use projects that will be introduced into the downtown will need to be tailored to the specific site. The

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4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 10
City is creating design guidelines that will help to clarify these assumptions.

Affordability assumptions for each new project are also based on the anticipated product type, density, size, and tenure. Until the design guidelines preparation process is complete, however, the City is relying on conservative assumptions, especially considering that the Pioneer Square project will be highly tailored.

Key development assumptions are as follows:
■ Density Range. The City is relying on the minimum density of each proposed general plan land use classification and associated density range multiplied by the number of developable acres to estimate development capacity for each site. Where the site is mixed use, the City has a general performance standard (e.g., 50% or 75%) that will govern the percentage of the lot that will be devoted to housing. This performance standard may be adjusted as needed to ensure no net loss and provide flexibility needed to encourage new housing. The assumed density for capacity purposes is the minimum of the proposed range in each zoning district.
■ Usable Lot Area. Downtown sites are fully served by infrastructure and have utilities, sidewalks, and other street and drainage infrastructure. The City does not anticipate that improvements to infrastructure would require land dedications that might reduce achievable densities. For example, the Pioneer Square project is an example proposed to be built that is achieving close to the maximum developable area (100%) of the residential portion of the lot. However, to ensure that development capacity is realistic, the inventory assumes 20 percent dedication of land for improvements. ■ Housing Affordability. The Housing Plan proposes reviewing options for inclusionary housing that approximate requirements common in similar cities. In addition, the affordability of the housing product will vary by tenure, with housing costs assumed to be affordable to moderate income households for rentals and above moderate income for ownership/some mixed use. The City has assigned a 20%-30% affordability targets for each site. Should affordability levels differ than original estimates, the Housing Plan contains a program to adjust the inventory assumptions per State law. ■ Site Size. Per State law, sites smaller than half an acre in size or larger than 10 acres are not considered adequate to accommodate lower income housing need unless sites of equivalent size were successfully developed during the prior planning period, or other evidence is provided that the site can be developed as lower income housing. No housing sites are smaller than ½ acre nor require consolidation of multiple lots to achieve a one-half acre size. While larger sites can be challenging, the City developed the 9- acre Avalon mixed use apartment project in the 5th element period.

Page 356 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 11
Table HE-4.5 Housing Site Inventory
No.

Site Characteristics Future Uses Affordability
Address/ Size
GPLU &
Zoning
Parcels |
Owners Current Use
Proposed +
Assumed
Density
Proposed
Use/Perfor
mance
Standard
Summary of Factors
Supporting Recycling
LO
W
MO

D AMOD SUM
1 SP-23a
155 N.

Eucla

3.2 gross Industrial/Mi
xed-Use:

SP-23
5 parcels
1 owner
Construction
yard
Proposed
12-16 du/ac
Assumed
12 du/ac
Condos
100% Res
> Mostly Vacant
> Only one owner
> Underused: I/LV<1%
> Developer interest
> Meets site criteria
0 6 25 31
2 SP-23b
159 N
Acacia

2.9 gross

2.3 net
for 1
owner
Industrial/Mi
xed-Use
SP-23
10 parcels
3 owners
General
pump
company and
truck dispatch
Proposed
12-16 du/ac
Assumed
12 du/ac
Condos
100% Res
> Mostly Vacant
> Only one owner
> Underused I/LV 44%
> Developer interest
> Meets site criteria
0 4 18 22
3 SP-23c
115 N
Cataract

2.9 gross Industrial
DTSP
SP-23Town
Core
2 parcels
1 owner
Contractor
storage and
sales yard
Proposed
25-35 du/ac
Assumed
25 du/ac
Mixed Use
50% resid.
50% com
> Mostly Vacant
> Only one owner
> Underused I/LV 13%
> Developer interest
> Meets site criteria
6 23 -- 29
4 San
Dimas
Town
Center

5.2 gross DTSP
Commercial
CG-2
Transit
Village
10 parcels
5 owners
Mixed strip
commercial
Proposed:
35-45 du/ac
Assumed
35 du/ac
Mixed Use
75% resid.
25% com.
> Half site is parking
> Underused I/LV 58%
> Developer interest
> Anchor lease expiring
> Meets site criteria
22 32
44 34
44 110
5 Walnut
Arrow
105-279
E Arrow
Hwy

12.1 gross
DTSPComm
ercial;
Transit
VillageM-1;
P/SP
8 parcels
8 owners
Mixed – office
storage, gas
station, etc.

Proposed:
35-45 du/ac
Assumed
35 du/ac
Mixed Use
75% resid.
25% com.
> City owns 20% site
> Metro interest in TOD
project onsite
> Older buildings
> Adjacent-mixed use
48 97
97 72
97 73 242

Page 357 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 12
Table HE-4.5 Housing Site Inventory
No.

D AMOD SUM
6 Bonita/C
ataract
344 W.

Bonita

4.4 gross DTSP
Commercial
CG2Public/Sem
i-Public –
Commercial
Overlay
1 parcel
1 owner
Vacant Site Proposed:

Based on
Final ENA
Mixed Use
Based on
final ENA
> Vacant site
> Developer ENA
> Developer interest
> Meets site criteria
0 0 97 97
7 Bowling
Alley
400 W.

Bonita

5.5 gross DTSP
Commercial
CG-2Town
Core
3 parcels
2 owners
Bowling Alley
+ vacant site
Proposed
35-45 du/ac
Assumed
35 du/ac
Mixed Use
75% Res
25%
Comrc
> Mostly Vacant
> Underused I/LV 60 %
> Significant interest from
both owners
> Meets site criteria
23 33
46 36
46 115
8 Warehse
305 S
Acacia

5.8 gross DTSP
Industrial
M-1
Gateway
Village West
1 parcel
1 owner
Older Tilt-up
warehouse
Proposed
25-35 du/ac
Assumed
25 du/ac
MFR, likely
apartments
100% Res
> One Owner
> Underused I/LV 42 %
> Meets site criteria
23 93 0 116
9 Bonita
North
341-451
Bonita

2.8 gross DTSP
Commercial
CG-2 Town
Core
4 parcels
3 owners*
Offices,
former dry
cleaners;
restaurant
com.

Proposed
35-45 du/ac
Assumed
35 du/ac
MultipleFamily
100% Res
> Underused I/LV 42 %
> Meets site criteria
> Some developer
interest
16 26
63 53
0 79
10a
SW
Corner
Bonita/E
ucla

3.1 gross DTSP
Commercial
Gateway
Village
WestCG-1
3 parcels
3 owners
Office bldgs.,
light industrial
Proposed
35-45 du/ac
Assumed
35 du/ac
MultipleFamily
100% Res
> Half site is parking
> 1 owner owns 50% site
> Meets site criteria
17 69 0 86
10b
Station
North

12.4 gross
DTSP
Commercial
Gateway
Village
WestCG-1
9 parcels
7 owners
Mixed strip
commercial
Proposed:
35-45 du/ac
Assumed
35 du/ac
Mixed Use
75% Res
25% Cmrc
> Half site is parking
> 1 owner owns half site
> Developer interest
> 15-20% Vacancy rate
> Code Enf. Cases
52 76
104
80 104 260

Page 358 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 13
Table HE-4.5 Housing Site Inventory
No.

D AMOD SUM
11 Station
South

11.3 gross
DTSP
Commercial
Gateway
Village
WestCG-1
10 parcels
9 owners
Mixed strip
commercial
Proposed:
45-55 du/ac
Assumed
45 du/ac
Mixed Use
75% Res
25% Cmrc
> Half site is parking
> 1 owner owns 50% site
> Some develop. interest
> 25% Vacancy rate
> Code Enf. Cases
61 86
108
83 108 277
12 Red
Roof Inn
204 N
Village
Court

9.0 gross DTSP
Commercial
Gateway
Village
WestCG-1
6 parcels
5 owners
Hotel; mix of
smaller uses
in commercial
strip center
Proposed:
45-55 du/ac
Assumed
45 du/ac
MFR,
Most likely
apartm
ents
100% Res
> Half site is parking
> 1 owner owns 30% site
> Owner interested in
developing parcels
> Dilapidated motel with
code enf. cases and
high service call
65 123
259
201
0 324
324
1313a
USDA
Forestry
Site 444
Bonita

12.59.19 gross
DTSP Public /
Semi Public;
sameGateway
Village East
1 parcel
1 owner
Vacant Site Proposed:
45-5515-20
du/ac
Assumed
4517.5 du/ac
MFR,
Apartmen
ts
100% Res
> The site is vacant
> 1 owner owns the site
> Owner (USFS) has
contacted City about
intent to sell site to a
residential developer
> Densities for this site
assume approval of
General Plan
Amendment request
submitted by the
owner of this site.
> One of the last vacant
residential parcels
135
0 315
16 0 145 450
161
13b
GSWC
401 S.

San
Dimas
Canyon
Rd

3.31 gross DTSP Public /
Semi Public;
same
Gateway
Village East
1 parcel
1 owner
Vacant Site Proposed:
45-55 du/ac
Assumed
55 du/ac
Apartments
100%
Res
> The site is vacant
> 1 owner owns the site
> One of the last vacant
residential parcels
64 55 0 119

Page 359 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element 14
Table HE-4.5 Housing Site Inventory
No.

D AMOD SUM
14 The Trails
444 E.

Bonita

17.3 gross
2 acres
where new
units
would be
built
CommercialR
esidential
Medium
MF-1625
2 parcels
2 owners
Vacant Site and
Apartments
Proposed:
16-25 du/ac
Assumed
16 du/ac Apartments
100% Res
> The site is vacant
> 1 owner owns the site
> Owner has contacted City
about developing it
> Owner working with
adjacent property to
purchase additional land
> Owner waiting for new
GPLU for the site
10 41 0 51
Source: City of San Dimas, 2020
Note: Subsequent to the adoption of the Housing Element, the City rezoned and amended the General Plan designation of the Housing sites to accommodate the RHNA allocation.

This page intentionally left blank.

Page 360 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element
Market Feasibility
Metro’s Gold Line extension studies predicted that the introduction of light rail, in conjunction with local planning, would result in significant economic benefits. City staff reviewed three housing elements of local communities along the Gold Line Foothill extension to identify a range of mixed use and residential projects. This limited review concluded that the market is strong in the San Gabriel Valley for apartments and mixed use projects, even when extensive recycling was required.

As summarized in Table HE-4.6, these cities are seeing mixed use projects that range in density from 22 to 72 units per acre, that contain ownership and/or rental units, and that contain some level of mixed uses. All of the sites required both recycling of existing uses and lot consolidation. In addition, residential uses were the primary land use, with ancillary commercial (nonresidential) uses. In comparison, San Dimas’ plan for mixed use and residential projects in downtown range from 25-45 du/ac and most involve some type of recycling of existing uses.

Table HE-4.6 Market Demand for Mixed Uses
City Project Type Status Year Existing Use
Lot
Consol.

Density +
Project Size
Azusa The Orchard
– Mixed Use
Under
Const. 2021 City owned
Parking Lot Yes 72 du/acre
163 units
Azusa
573-577
Arrow Mixed
Use
Plan
Check 2021 1960s commercial
bldg, sports bar Yes 23 du/acre
10 units
Duarte Town Center
Mixed Use
Under
Const 2022 Auto repair shop,
vacant lot Yes 55 du/acre
161 units
Duarte
Residence
(Apts) at
Duarte
Buildin
g
Permit
2022
115,000 sf
industrial building
built in the 1960s
Yes 79 du/acre
344 units
Arcadia
Huntington
Mixed Use
Village
Plan
Review 2021
Five commercial
bldgs. and Cityowned parking lot
Yes 22 du/acre
248 units
Arcadia Santa Anita
Mixed Use
Under
Const. 2022
Commercial strip,
gas station, multitenant parcelsYes 41 du/acre
157 units
Source: Housing Elements, Azusa, Duarte, Arcadia, 2021-2029 Furthermore, as discussed in the following section, the City’s Housing Element includes specific implementation programs to develop a package of incentives to further incentivize residential and mixed use development. Given that the City’s sites are similar to those in cities along the Gold Line and that density and development standards would allow for projects within the “sweet spot” range allowed in other communities, it can be concluded that San Dimas’ plans for redesignation of sites should be sufficient to result in new developments.

Development Incentives
To leverage the economic benefits of the Gold Line, the City will be adopting a Specific Plan (Program #7) to guide the revitalization of Downtown. The Housing Element also includes programs to address the site criteria cited by developers to ensure that housing is feasible. Key incentives are as follows:

Page 361 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element
Enhanced Density
The City assigns various affordability to the sites based on density. As noted in the Housing Plan, the City proposes a rezoning program that will apply a mixed use and/or multiple-family residential designation on selected sites. Government Code 65583.2c(3)(B) allows local governments to use “default” density standards that are deemed adequate to meet the “appropriate zoning”, so that no further analysis is required to establish the adequacy of the density standard. The rezoning proposed for the majority of sites equals or exceeds 30 du/ac. Therefore, most of the sites can accommodate housing affordable to low income households.

Residential by Right
While residential and mixed use zoning is not currently in place, the City proposes a program to redesignate and rezone the identified properties, some for housing only (e.g., Sites 1-2, 8-10a, and 12-14) and the remainder as mixed uses. Apartments, condominiums, and other multiple family uses will be an allowed use by right in all residential zones. Mixed uses in a vertical or horizontal format will be allowed in other zones. Properties fronting Bonita Avenue may have vertical mixed use at street level, with standalone residential behind the frontage. In any case, the SDMC will permit such uses by right without a discretionary permit.

Housing Incentives
Based on and in response to the developer input received, the City proposes to draft and adopt development incentives to stimulate and facilitate the production of housing, including mixed uses downtown and citywide. Among others, specific incentives to be drafted following adoption of the housing element are:
■ Objective Development/Design Guidelines (Program #8)
■ Density Bonus Ordinance Update(Program #9)
■ MF-30 revised Development Standards (Program #10)
■ Lot Consolidation Incentives (Program #11)
■ Minor Modification Process (Program #12)
■ Streamlined Permitting (Program #13)
■ Development Permit Review Audit (Program #13)
■ Inclusionary Housing (Program #18)
Infrastructure and Environmental Concerns
State law requires that the sites identified for the 2021-2029 RHNA have sufficient existing or planned water, sewer, or other dry utilities, including the availability of and access to distribution facilities to accommodate the RHNA. In addition, such sites cannot be subject to known environmental constraints.

Infrastructure Concerns
Future development in the city would require increased domestic water service, including water supplies, stormwater system, and wastewater treatment capacity, or individual wells and septic systems. According to the IS/ND prepared for the housing element, the residential sites identified in the proposed project are in the city and currently have stormwater drainage, electric power, natural gas, and telecommunications facilities. All future development must comply with the California Building Code, City’s Standard

Page 362 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element
Specifications for Public Works Construction, and payment of development impact fees prior to connection.

With respect to water and sewer, the Urban Water Management Plan (UWMP) uses the same population growth estimates from SCAG that the City relies upon for future planning. The UWMP concludes that the Golden State Water Company “…can meet water demands during normal years, single dry years, and a five consecutive year drought periods over the next 25 years” (GSWC 2021). The City evaluates the capacity of utilities and service systems regularly. According to the SDMC, Chapter 14 impact fees are paid at the time of building permit issuance. As these requirements are unaffected by the proposed project, the project would have no impact to the relocation, construction, or expansion of utilities facilities.

Environmental Concerns
Environmental hazards could preclude the timely development of a housing site. All the 14 sites identified in the housing element land inventory were analyzed to determine whether any site(s) was included on the “Cortese” list per Gov’t Code §65962.5. Based on the Cortese list, Geotracker, and Envirostor databases, only two sites showed past activities. Site #2 showed an inactive cleanup as of 2015 with no further information or records available to suggest an issue still remained. Site #6 had past contamination due to a metal plating business that was remediated through a voluntary cleanup agreement with the City in 1994.

All the housing element sites were evaluated for environmental conditions–including wildfire, flooding, inundation, geological and seismic threats, and others. According to the CALOES, California DOC, California DWR, and CALFIRE, none of the sites are in the 100 or 500-year Floodplain, Alquist-Priolo Zone, Dam Inundation Zone, Landslide Zone, Liquefaction Zone, or High or Very High Fire Severity Zone, Only a small portion of Site #5 is in a Liquefaction Zone. However, the site is already developed with structures and any hazard would have been addressed prior to building structures. Therefore, development on the identified sites for the RHNA is not constrained by environmental features.

Summary of RHNA Compliance
Based on the strategies presented earlier in this chapter, the City of San Dimas can fully meet its 2021- 2029 RHNA. The strategy is largely developed around three broader initiatives: 1) accessory dwelling units; 2) redesignation of sites for housing; and 3) incentives to encourage the production of housing. Table HE4.7 summarizes the units proposed under each strategy by affordability category. City strategies also provide for a buffer of additional capacity beyond the RHNA requirement to accommodate no-net loss provisions and developer decisions.

Table HE-4.7 Summary of RHNA Compliance
Affordability
Category
Affordability Level
Total
Lower Moderate Above Mode.

RHNA Required Units 604 206 438 1,248
Units Planned for 2021-2029 Planning Period
Projects 0 0 96 96
ADUs 136 4 60 200
Vacant Lots* 0 0 61 61
Housing Sites 479 593 1,273 866 538 660 2,290 2,119

Page 363 ends

4. HOUSING RESOURCES
City of San Dimas General Plan
2021 - 2029 Housing Element
Total 615 729 1,277 870 755 877 2,647 2,476
Surplus/(Deficit) 11 125 1,071 664 317 439 1,399 1,228
Status RHNA Met RHNA Met RHNA Met RHNA Met
Source: 2021-2029 Adopted Regional Housing Needs Assessment, City credits * These sites (Appendix Table HE-A.1) are infill parcels in existing residential neighborhoods.

Although these sites were included in the 2014-2021 Housing Element, the sites are not needed to address the 2021-2029 RHNA but are included in the table as development capacity to better reflect potential development that could occur within the community.

The City’s strategy for complying with the RHNA is largely dependent on three sets of programs. Housing Program #5 commits the City to address its RHNA in accordance with statutory requirements and “no net loss” provisions. Since the proposed housing sites are not currently “designated” and adequate for housing, Program #7 commits the City to redesignate and rezone the sites as part of the downtown specific plan within three years after adoption of the housing element. Program #6 commits the City to promoting, facilitating and incentivizing the production of accessory dwelling units and monitoring the process to ensure that development targets are achieved. Programs #8 through #13 outline programs to remove potential constraints to the development of housing. Programs #18-#20 set forth programs to assist in the development of affordable housing.

Page 364 ends

APPENDIX A. HOUSING SITES
City of San Dimas | General Plan
2021 - 2029 Housing Element A-1
Site #13 13a: USDA Forestry Site
The USDA site is located at 444 East Bonita Avenue in San Dimas. The owner of the site is owned by purchased a portion of the property from the USDA Forest Service, after a parcel map was processed to subidivide the property. The newly created 9.19 acre site is vacant and therefore does not have an address but is identified as Assessor Parcel Number 8390-016-008. contains a solar farm, unused basin owned by Southern California Water Company, and USDA regional offices. Lot consolidation is not needed given the site size and independent access to the site. The vacant portion is 12.5 acres. In 2022, USDA notified City staff of their interest to sell the site to a residential developer. This site is appropriate for housing given its adjacency to housing and its ability to anchor the eastern portion of the DTSP area. No environmental constraints exist based on City site records. However, the site would require extension of infrastructure from Bonita Avenue to serve the project. To facilitate development, Site #13a would has been be redesignated to allow multiple-family uses. The owner has requested a General Plan Amendment to reduce the at a density of from 45–55 du/ac to 15-20 du/ac to accommodate up to 183 units., and accommodate 450 units. This site matches site criteria cited during the City’s interviews with residential developers and, upon sale, is expected to develop during the planning period.

Site Specifics Property Specifics
General Plan: Downtown Specific
Plan Building constructed: none
Current Zoning: DTSP - Gateway
Village East Building/Lot Ratio: 0%
Assess. Parcel: 8390-016-008 Assessed Imp/Land Ratio: Vacant Assess. Parcel: 8390-016-008 Assess.

Parcel: 8390-016-008 Developer Interest: High
Ownership:1 owner Anticipated Use: MF/Apartments
Current Uses: Vacant Proposed Density: 15-20
du/acre
Figure A-13a USDA Forestry Site

Page 365 ends

APPENDIX A. HOUSING SITES
City of San Dimas | General Plan
2021 - 2029 Housing Element A-2

Page 366 ends

APPENDIX A. HOUSING SITES
City of San Dimas | General Plan
2021 - 2029 Housing Element A-3
Site #13b: GSWC Site
The GSWC site is owned by the Golden State Water Company. The site is vacant and therefore does not have an address but is identified as Assessor Parcel Number 8390-016-007. The site contains an unused basin. Lot consolidation is not needed given the site size. The site is 3.31 acres. This site is appropriate for housing given its adjacency to housing and its ability to contribute to the anchoring of the eastern portion of the DTSP area. No environmental constraints exist based on City site records. However, the site would require extension of infrastructure from Bonita Avenue to serve the project. To facilitate development, Site #13b has been redesignated to allow multiple-family uses at a density of 45–55 du/ac, and accommodate up to 182 units. This site matches site criteria cited during the City’s interviews with residential developers and is expected to develop during the planning period.

Site Specifics Property Specifics
General Plan: Public/Semi Public
Downtown Specific Plan Building constructed: none
Current Zoning: sameDTSP – Gateway
Village East Building/Lot Ratio: 0%
Assess. Parcel: 8390-016-906 8390-
016-007 Assessed Imp/Land Ratio: Vacant
Parcel Acreage: 12.5 3.31 acres Developer Interest: High Ownership: 1 owner Anticipated Use: Apartments
Current Uses: Vacant Proposed Density: 45-55 du/acre
Figure A-13b USDA Forestry Site

Page 367 ends

Appendix B-1

CITY OF SAN DIMAS
INVENTORY OF RHNA SITES, 2021-2029
RHNA 604 206 438 1,248
ADUs 136 4 60 200
Vacant Infill + Projects 157
Sites 4795
93 1,273
866
538
660
2,290
2,119
Total CI 6157
29 1,277
870
755
877
2,646
2,476
Surplus/
(Deficit)
(1112
5)
(1,071
664)
(317
439)
(1,398
1,228)
Site Site Name
General
Plan LU
Design
Current
Zone
Lot
Size
Percent
Use
Range of
Density
Realistic
density
MXMult. Low Mod Above
Total
Units
1 SP-23a IND SP-23 3.20 80% 12-16 12 100% 6 25 31
2 SP-23b IND SP-23 2.30 80% 12-16 12 100% 4 18 22
3 SP-23c IND SP-23 2.88 80% 25-35 25 50% 6 23 29
4 San Dimas Town r COM CG-2 5.20 80% 35-45 35 75% 22 32 44 34 44 110 5 Walnut/Arrow COM/PSQ M-1/ PSP 11.54 80% 35-45 35 75% 48 97 97 72 97 73 242 6 Bonita/Cataract COM CG-2 4.40 80% 25-35 25 75% 97 97
7 Bowling Alley COM CG-2 5.50 80% 35-45 35 75% 2333 4636 46 115 8 Warehouse Site IND M-1 5.81 80% 25-35 25 100% 23 93 116 9 Bonita North COM CG-2 2.82 80% 35-45 35 100% 1626 6353 79 10A Bonita/Eucla COM CG-1 3.10 80% 35-45 35 100% 17 69 86 10b San Dimas Statior COM CG-1 12.37 80% 35-45 35 75% 5276 10480 104 260 11 San Dimas Statior COM CG-1 11.26 80% 45-55 45 75% 6186 10883 108 277 12 Red Roof Inn Sit€ COM CG-1 9.00 80% 45-55 45 100% 65123 25920 1 32432
4 1313a USDA Forestry Sit P/SP P/SP 12.509
.19 10080% 45-5515-20
4517.
5 100% 13531516
145 45016
1 13b GSWC Site P/SP P/SP 3.31 80% 45-55 45 100% 64 55 119 14 The Trails RES MF-16 2.50 80% 16-25 16 100% 10 41 51

Page 368 ends

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 5, 2025
Luis Torrico, Director
Community Development
City of San Dimas
245 East Bonita Avenue
San Dimas, CA 91773
Dear Luis Torrico:

RE: San Dimas’s 6th Cycle (2023-2031) Revised Draft Amendment to the Housing Element
Thank you for submitting the City of San Dimas (City) revised draft amendment to the housing element that was received for review on April 21, 2025. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the result of its review regarding the draft amendment to the housing element.

On October 14, 2022, HCD found the City’s housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq). The draft amendments proposed to the sites inventory do not impact the October 14, 2022 finding of substantial compliance. The element will continue to comply with State Housing Element Law once the amendments have been adopted, submitted, and reviewed by HCD pursuant to Government Code section 65585.

For your information, the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the prior resolution of adoption included the appropriate findings, future adoption of draft amendments should have similar findings and the findings should be updated as appropriate based on changes to the analysis of sites.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the County should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

ATTACHMENT 6

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Luis Torrico, Director

Page 2 ends

Please be aware, any revisions to the element must be posted on the local government’s website and a link must be emailed to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the County meets housing element requirements for these and other funding sources.

HCD appreciates the hard work and diligence of the San Dimas in the housing element update. If you have any questions or need additional technical assistance, please contact me at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief

Page 370 ends

01171.0013 2030892.1 1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Dimas
245 E. Bonita Ave
San Dimas, CA 91773
Attn: City Clerk
______________________________________________________________________________ APNs: AREA ABOVE FOR RECORDER’S USE ONLY
Exempt from recording fees per Govt Code 6103

AFFORDABLE HOUSING AGREEMENT
(444 & 464 E. BONITA AVENUE, SAN DIMAS)
This AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into as of the _____ day of ___________, 2025 (“Effective Date”) by and between CITY OF SAN DIMAS, a municipal corporation (“City”) and SAN DIMAS BONITA, LLC, a California limited liability company (“Developer”).

RECITALS
A. Developer owns that certain real property located at 444 and 464 E. Bonita Avenue, San Dimas (APNs _________ and _______) legally described in the legal description attached hereto as Exhibit “A” (“Property”).

B. Developer has submitted to City plans to develop the Property as a one hundred sixty-four (164) unit townhome development (“Project”), as more generally depicted on the attached Exhibit “B” (“Project Layout”). Developer will build the Project in a single phase and sell individual units to individual homebuyers.

C. Developer has agreed to make seventeen (17) units restricted as affordable housing to Moderate Income Households, as defined in Health and Safety Code Section 50093. The Parties acknowledge that the City does not have an inclusionary housing ordinance, and that the Project is not seeking a density bonus or any concessions, waivers, or parking standards relief under either the state Density Bonus Law (Gov’t Code Section 65915) or the City’s Density Bonus Ordinance (City Municipal Code Chapter 18.22).

NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS AND EXHIBITS

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 Applicable Affordable Housing Cost shall mean the following for the ATTACHMENT 7

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applicable Restricted AH Units:
(a) Affordable Housing Cost for Moderate Income Household means a Total Housing Cost which does not exceed thirty-five percent (35%) of one hundred ten percent (110%) of Area Median Income.

1.1.2 Applicable AH Household Income shall have the following meanings, as applicable for the Restricted AH Unit:
(a) Moderate Income Household means a Household whose Gross Income meets the standards defined in HSC Section 50093. The maximum household income shall be the amount published by HCD as adjusted to reflect the actual size of the Household purchasing a particular AH Restricted Unit.

1.1.3 Area Median Income means the Los Angeles County area median income, adjusted for household size, as established by the United States Department of Housing and Urban Development (HUD), and as published periodically by California Housing and Community Development (HCD) pursuant to Section 50093 et seq. of California Health and Safety Code and applicable regulations.

1.1.4 Benchmark Down Payment shall be set at Five Percent (5%) of the Purchase Price for Restricted AH Unit. This shall solely be used for the purpose of calculating the Purchase Price for Restricted AH Unit.

1.1.5 Covenant Agreement for Restricted AH Unit means the “Affordability Covenants and Restrictions Affecting Real Property with Option to Purchase Secured by Deed of Trust” substantially in the form attached hereto as Exhibit D to be adjusted to the Affordable AH Household Income for the applicable Restricted AH Unit and to be recorded against the Restricted AH Unit as provided in Article 3 which shall bind the Restricted AH Unit for fifty-five (55) years.

1.1.6 Covenant Deed of Trust shall mean a deed of trust in the form attached as Exhibit E to be executed by the applicable Eligible Purchaser which shall secure the Covenant Agreement for Restricted AH Unit for the applicable Restricted AH Unit being purchased to be recorded against the Restricted AH Unit concurrently with the Covenant Agreement as provided in Article 2.

1.1.7 Eligible Purchaser shall mean a person who is purchasing one of the Restricted AH Units who meets with all income and asset verification requirements in this Agreement for the applicable Restricted AH Unit and who is not an Ineligible Purchaser.

1.1.8 FMV of the Restricted AH Unit shall mean the fair market value of the Restricted AH Unit determined as provided in Section 3.7.1.

1.1.9 Gross Income means all income from whatever sources for all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914.

1.1.10 Household means all persons residing in a Restricted AH Unit.

1.1.11 HSC means California Health and Safety Code.

1.1.12 Ineligible Purchaser shall have the meaning defined in Section 3.5.

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1.1.13 Market Rate Units means the Units within the Project which are not Restricted AH Units.

1.1.14 Project Layout means the layout of the Project depicted on Exhibit B.

1.1.15 Purchase Price for Restricted AH Unit means the purchase price for the sale of the applicable Restricted AH Unit to an Eligible Purchaser which shall be calculated pursuant to California Health and Safety Code Section 50052.5 and Section 3.1 of this Agreement. The Purchase Price for a Restricted AH Unit shall be equal to the sum of the Supportable Mortgage plus the Benchmark Down Payment.

1.1.16 Required Marketing Efforts means marketing efforts that Developer is required to make with respect to the Restricted AH Units (as set forth in Section 3.3(a), below).

1.1.17 Restricted AH Units shall mean the following Units which are restricted for sale to Eligible Purchasers for the applicable affordability level as follows:

Unit Count Site Plan Unit #* # Bedrooms
1 2
2 2
3 2
4 2
5 2
6 2
7 3
8 3
9 3
10 3
11 3
12 3
13 4
14 4
15 4
16 4
17 4
* As located on the Project Layout attached as Exhibit B

1.1.18 Supportable Mortgage means the first-position mortgage or loan amount that can be supported by an Eligible Purchase of a Restricted AH Unit based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30-year fully amortizing mortgage with a fixed interest rate.

1.1.19 Total Housing Cost means the total monthly or annual recurring expenses required of a household to obtain shelter, and includes the mortgage payment (principal and interest, based on a fixed interest rate mortgage with a thirty (30) year term), and household-paid utilities, homeowner association dues, real estate taxes, mortgage insurance and any other related assessments.

1.1.20 Unit means a residential unit in the Project.

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1.2 Exhibits. The following documents are attached to, and by this reference are incorporated herein and made a part of, this Agreement:

Exhibit A Legal Description of the Property
Exhibit B Project Layout Plan
Exhibit C Sample Computation of Purchase Price for Restricted AH Units
Exhibit D Covenant Agreement for Restricted AH Units
Exhibit E Covenant Deed of Trust
ARTICLE 2. DEVELOPMENT OF THE PROPERTY

2.1 Developer shall develop the Project as a one hundred sixty-four (164) unit condominium residential community in accordance with and subject to all applicable entitlements and permits. The Project shall have one hundred forty-seven (147) Market Rate Units, and seventeen (17) Restricted AH Units. There shall be six (6) two-bedroom Restricted AH Units, six (6) threebedroom Restricted AH Units, and five (5) four-bedroom Restricted AH Units as depicted on the Project Layout (Exhibit B). The average square footage of the Restricted AH Units shall be approximately the same as the average square footage of the Market Rate Units of the same number of bedrooms. The Restricted AH Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as the Market Rate Units in the Project. The Restricted AH Units shall be dispersed throughout the Project as shown on the Project Layout. At its discretion, Developer may increase the number of Restricted AH Units.

2.2 Developer at its sole cost and expense shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, and marketing of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval of the Entitlements.

2.3 Developer shall take all actions reasonably necessary to prevent and remove any mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Owner or anyone holding the Property or Project, or any part thereof, through or under Developer, that arises from the original construction of the Restricted AH Units. In the event any such mechanics lien or other similar lien is filed against the Property or Project that arises from the original construction of the Restricted AH Units, Developer shall, at its sole cost and expense, bond against or discharge such lien within thirty (30) days after the initial filing of the same. Upon request by the City, Developer shall provide to the City updated information from Developer’s title insurer. City hereby reserves all rights to post notices of non- responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Owner or anyone holding the Property or Project, or any part thereof, through or under Developer, that arises from the original construction of the Restricted AH Units.

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ARTICLE 3. RESTRICTED AH UNITS

3.1 Purchase Price for Restricted AH Unit.

3.1.1 Determination. Developer shall sell each of the Restricted AH Units to an Eligible Purchaser for an amount that does not exceed the applicable Purchase Price for the Restricted AH Unit.

3.1.2 Example Computation of Purchase Price. Example computations of the Purchase Prices for Restricted AH Units are provided on Exhibit C.

3.1.3 Loan. The maximum first-position mortgage or home loan amount for a Restricted AH Unit shall not exceed ninety-five percent (95%) of the Purchase Price for Restricted AH Unit. The maximum home loan amount for the Restricted AH Unit shall be submitted by Developer and approved or rejected by City within ten (10) business days from receipt. The maximum first mortgage can be comprised of 2 or more separate loans but collectively cannot exceed the amounts specified above.

3.1.4 Actual Down Payment. The maximum down payment contributed by an Eligible Purchaser shall not exceed 20% of the Purchase Price for the Residential AH Unit.

3.2 Purchase Price Ranges for Restricted AH Units. Prior to listing the Restricted AH Units, Developer shall calculate the applicable purchase Prices for each Restricted AH Unit based on the number of bedrooms included in the applicable Restricted AH Unit and the range for the Applicable AH Household Income level. City shall reasonably cooperate to provide such confirmation to Developer within ten (10) business days of written request therefore.

3.3 Marketing and Selection of Eligible Purchasers.
(a) Developer shall conduct, “Required Marketing Efforts” in connection with the initial sales of the Restricted AH Units, which shall include: (i) production of specific marketing information highlighting the Restricted AH Units, including the specific affordability features for each Restricted AH Unit and the eligibility requirements and restrictions applicable to each Restricted AH Unit; and (ii) utilization of typical web-based outreach methods that can reasonably ensure an effective and efficient means of reaching the broadest range of potential Eligible Purchasers, including best efforts to contact nonprofit organizations and business associations that serve San Dimas residents in housing-related issues, and affordable housing advocacy groups, with the intent of reaching community based organizations serving people in the appropriate income levels. The City agrees, at no cost to City, to use its best efforts to identify, and reasonably assist the Developer with contacting, nonprofit organizations and business associations that serve San Dimas residents in housing-related issues, and affordable housing advocacy groups. Required Marketing Efforts will additionally include those marketing efforts that are typical customary practice and expected for the sale of real estate in the County of Los Angeles, including, a website marketing the Restricted AH Units in detail (sizes, locations, prices) and the criteria used to purchase them, as well as a form for interested parties to complete online indicating their interest in being notified about the availability of the Restricted AH Units.
(b) The Restricted AH Units may be sold to Eligible Purchasers selected by Developer who meet the income and affordability requirements provided in this Agreement and subject to the written approval of City. The City acknowledges the challenging nature of selling Restricted AH Units and agrees, at no cost to City, to reasonably assist the Developer with the advertising and marketing of the Restricted AH Units, which shall include a link on the City’s website directing potential

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purchasers to the Developer’s website for the Project. Developer is not required to sell a Restricted AH Unit to an Eligible Purchaser referred by City, but Developer shall accept or reject any such Eligible Purchaser based upon the same evaluation criteria that Developer applies to buyers of other Restricted AH Units. Upon City’s request, Developer shall provide to City a written response detailing the reasons for rejection of an Eligible Purchaser referred by City. (c) City’s determination of approval, contingent approval, or disapproval of Eligible Purchasers submitted to City (or City’s Representative under Section 3.10) under the terms of this Agreement shall be made promptly after receipt of all required documents and information from the proposed Eligible Purchaser, but in no event more than ten (10) business days after receipt. City’s failure to notify Developer of City’s determination of approval, contingent approval, or disapproval of any Eligible Purchaser submitted to City (or City’s Representative under Section 3.10) within such ten (10) business day period shall be deemed City’s approval of such Eligible Purchaser. (d) Subject to applicable federal and state fair housing laws and provided that the applicants meet standard applicant screening standards for the Project, Developer shall use its reasonable commercial efforts to sell the Restricted AH Units to Eligible Purchasers who are residents of the City or persons employed or that have been offered employment in the City (collectively, “Resident Purchasers”). Notwithstanding anything to the contrary herein, nothing in this Section shall require: (a) that the local residency/work preference be based on a minimum duration for residency or employment, or (b) that Developer refrain from selling Restricted AH Units to Eligible Purchasers who are not Resident Purchasers in the event there is insufficient demand to purchase Affordable Units by Resident Purchasers.

To the extent the preferences required under this Section 3.3(d) conflict with the requirements of applicable federal and state fair housing laws, the requirements of the applicable federal and state fair housing laws will supersede the provisions of this Section

3.3(d).

3.4 Income and Assets of Eligible Purchasers. Prior to the sale of the Restricted AH Unit, Developer shall submit to City a completed income computation and certification form acceptable to or otherwise provided by City certifying that the Gross Income of the Eligible Purchaser (including any co-purchaser) does not exceed the limit established for the Restricted AH Unit.

Developer shall obtain an income certification form from the proposed Eligible Purchaser certifying that (i) the income of the proposed Eligible Purchaser is truthfully set forth in the income certification form; (ii) the proposed Eligible Purchaser does not own any real estate; and (iii) the proposed Eligible Purchase is not an Ineligible Purchaser.

No Eligible Purchaser (nor any co-purchaser) shall own any other real property at the close of escrow for the applicable Restricted AH Unit. Furthermore, no Eligible Purchaser (nor any copurchaser) shall own any liquid assets whose aggregate value exceeds, at the time of determination of eligibility, that exceeds Twenty-Five Thousand Dollars ($25,000). As used herein, the term “liquid assets” refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term “liquid assets” shall not include any retirement funds which are not readily accessible or which cannot be accessed by the buyer without the buyer incurring a penalty or any funds to be used to pay closing costs or to make the down payment on the Restricted AH Unit.

Developer shall verify the income certification of the proposed Eligible Purchaser by providing the following documents:
▪ Signed copies of the two most recent years of federal income tax returns (with all

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schedules and attachments) for all Household members and persons who will appear on title to the Restricted AH Unit. If self-employed, four most recent quarterly tax filings must be provided.
▪ Copies of three most recent months of checking, savings, and other investment account statements for all Household members and persons who will appear on title to the Restricted AH Unit.
▪ If applicable:
• Copy of separation agreement, divorce decree evidencing dissolution of marriage and/or alimony.
• Paycheck stubs from the proposed Eligible Purchaser’s three (3) most recent pay periods.
• Copy of pension statements.
• Income verification certification from the Social Security Administration and/or the California Department of Social Services if the proposed Eligible Purchaser receives assistance from such agencies.

Developer shall provide copies of all verification documentation to City.

3.5 Ineligible Purchaser. No Relative (as defined below) of any employee, officer, board member or shareholder of Developer (or any successor Developer of the Project) or any of its members, affiliates or subsidiaries, or (b) any employee or official of City, may purchase a Restricted AH Unit. “Relative” shall mean a parent, children, sibling, spouse, uncle, aunt, cousin, niece, nephew, grandparent, and grandchild and shall also extend to any of the foregoing persons related through marriage (i.e. in-laws or step relationships.)

3.6 Covenant Agreement for Restricted AH Unit. In accordance with Section 3.7 below, each Restricted AH Unit shall be subject to the Covenant Agreement for Restricted AH Unit which shall be effective for a period of fifty-five (55) years (unless terminated pursuant to such Covenant Agreement for Restricted AH Unit) commencing on the date of the recordation of (i) the grant deed from Developer to the Eligible Purchaser of the Restricted AH Unit; together with (ii) the Covenant Agreement for Restricted AH Unit and the Covenant Deed of Trust.

3.7 Close of Escrow for Restricted AH Unit.

3.7.1 FMV for Restricted AH Unit. Developer shall determine the FMV of the Restricted AH Unit which would be the sale price of the Unit if it was not restricted. Developer may determine the FMV for the Restricted AH Unit based on its sale prices within the Project for comparable Units which shall be confirmed by a written broker opinion. Developer shall provide such information to City regarding the determination of the FMV of the Restricted AH Unit. The FMV of the Restricted AH Unit shall be inserted in the Covenant Agreement for Restricted AH Unit prior to execution by the Eligible Purchaser and City.

3.7.2 Process for Sale of Restricted AH Unit. The sale of the Restricted AH Unit to the Eligible Purchaser shall comply with the following requirements.

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(a) A full copy of the executed sale agreement between Developer and the Eligible Purchaser shall be provided to City.
(b) The Covenant Agreement for the Restricted AH Unit shall be executed and acknowledged by the Eligible Purchaser and City. Concurrently the Eligible Purchaser shall also execute and acknowledge the Covenant Deed of Trust. The Covenant Agreement for Restricted AH Unit and Covenant Deed of Trust shall be recorded in the Official Records, subordinate to the First Deed of Trust (as defined in the Covenant Agreement for Restricted AH Unit).
(c) A Request for Notice (as to the First Trust Deed) which shall be recorded at the closing.
(d) A Request for Notice of Delinquency executed by the Eligible Purchaser and City as to the First Trust Deed which shall be recorded at the closing. (e) The Eligible Purchaser shall provide a certification in a form acceptable to City declaring under penalty of perjury that it is an Eligible Purchaser and such other information as requested by City.
(f) Developer shall provide a certification in a form acceptable to City declaring under penalty of perjury with respect to compliance with this Agreement as to the sale of the Restricted AH Unit.
(g) City shall execute a release of this Agreement from the Restricted AH Unit to be recorded at the close of escrow in accordance with Section 3.9. (h) Upon close of escrow, escrow holder shall promptly deliver to City (i) conformed copies of all recorded documents, (ii) a copy of the escrow closing statement, (iii) complete final copies of all executed loan documents for the senior loan; and (iv) the Title Policy pursuant to Section 3.8.

3.8 Title Insurance Policy. At the close of the escrow for each Restricted AH Unit, an ALTA loan policy of title insurance shall be provided to City insuring the Covenant Deed of Trust subordinate only to the First Trust Deed in the amount of one hundred twenty percent (120%) of the difference between the FMV of the Restricted AH Unit less the purchase price of that Restricted AH Unit (“Title Policy”). The cost of the Title Policy shall be paid by Developer.

3.9 Release. At the close of escrow for each Restricted AH Unit, this Agreement shall terminate AS TO THAT SPECIFIC RESTRICTED AH UNIT ONLY. City shall execute, acknowledge and deliver to escrow in time for close of escrow, such documentation as reasonably required by the title company to confirm the release of this Agreement as to the applicable Restricted AH Unit.

3.10 Use of Qualified Third Party. City may retain a third party who is qualified to provide the financial analysis and verification of each Eligible Purchaser as well as the calculation of the applicable Purchase Price for a Restricted AH Unit. Developer shall reimburse City for the cost of the qualified third party reasonably acceptable to Developer. Keyser Marston Associates (“Keyser Marston”) is approved as such a qualified third party to provide such services. Developer may propose alternative qualified affordable housing consultant over which City maintains approval rights.

If City elects to do the financial analysis and verification of an Eligible Purchaser, Developer shall pay City a flat rate not to exceed $1,000.00 per proposed Eligible Purchaser file reviewed by the City.

ARTICLE 4. SALES AND RELEASES

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4.1 Timing of Sale of Restricted AH Units. Developer shall use diligent efforts to market and sell the Restricted AH Units concurrently with the sale of the Market Rate Units. For the issuance of certificates of occupancy for every ten (10) Market Rate Units, Developer must contract an income Eligible Purchaser with that contract in escrow at least one (1) of the Restricted AH Units. Developer shall provide a copy of the contract with the Eligible Purchaser to City. Compliance with this requirement may be enforced by City by not issuing additional certificates of occupancy for the Market Rate Units until Developer is in compliance. Developer agrees that final Market Rate Unit in the Project shall not receive certificate of occupancy prior to closing of all AH Units to Eligible Purchasers.

City recognizes that timing of sale and closing of Restricted AH Units is contingent on many factors, including, but not limited to, availability of appropriate income eligible households and the City’s review and timely approval of Eligible Purchasers submitted by Developer to City. Therefore, provided that Developer is not in default of this Agreement and is diligently working to locate Eligible Purchasers and provides reasonable evidence of same, this requirement may be waived or modified, in whole or in part, by the City Manager, based on a reasonable exercise of his or her discretion.

4.2 Release of Market Rate Units. Provided Developer is in compliance with the requirements in Section 4.1, upon transfer of any Market Rate Unit to an individual owner in conformity with the California Department of Real Estate issued public report (“White Report”), the provisions of this Agreement shall terminate with respect to that Market Rate Unit. City shall cooperate with providing any documents which the title company may require to effect the foregoing.

4.3 Common Area Property. Upon transfer of common area within the Project to the homeowners association which governs the Project in accordance with the White Report, this Agreement shall automatically terminate with respect to the common area so transferred. City shall cooperate with providing any documents which the title company may require to effect the foregoing.

ARTICLE 5. DUTIES AND RIGHTS

5.1 Construction of Project. The Restricted AH Units shall be constructed concurrently with the Market Rate Units and the Restricted AH Units shall be dispersed through the Project as designated on the Project Layout.

5.2 Maintenance. Until fee title of a Restricted AH Unit is transferred to an Eligible Purchaser, Developer shall, at its sole cost and expense, maintain the interiors and exteriors of the Restricted AH Units in good, decent, safe and sanitary manner, in accordance with the standard of maintenance of the other Units in the Project.

5.3 Monitoring. Representatives of City shall be entitled to inspect and copy any and all records of Developer relating to sales of the Restricted AH Units to Eligible Purchasers at any time, upon reasonable notice, and to conduct an audit of such records. City shall pay the cost of the audit, provided, however, that if the audit discloses a default by Developer, the cost of the audit shall be borne by Developer who shall, upon demand, promptly reimburse City for the cost of the audit. Until a Restricted AH Unit is occupied by an Eligible Purchaser, representatives of City shall, upon reasonable notice to Developer, be entitled to enter the Restricted AH Unit to monitor compliance with this Agreement. City shall have the right to transfer this Agreement and the Covenant Agreement for Restricted AH Unit to any other public agency in its sole discretion.

ARTICLE 6. ENFORCEMENT

6.1 Enforcement & Remedies. City shall be entitled to all remedies available under the law upon the default of the terms of this Agreement by Developer, including to the extent applicable:
(a) specific performance of the terms of this Agreement; (b) disgorgement of any amounts of sales

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proceeds which exceed the Purchase Price for Restricted AH Unit; (c) an award of its reasonable attorneys’ fees, specifically including the cost to City of time expended by the office of City Attorney and reasonable expert and attorneys’ fees; (iv) damages; (v) right to revoke certificates of occupancy; (vi) record a lien against the Property; and (vii) any other remedies available at law or equity. The rights and remedies are cumulative, and the exercise of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default.

6.2 Indemnification. Developer shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by Developer of any and all reasonable legal costs and attorneys’ fees, in any manner arising out of the acts and/or omissions of Developer pursuant to this Agreement. The indemnification obligations of Developer under this Agreement shall survive the expiration or earlier termination of this Agreement.

6.3 Agreement Appurtenant to Property. This Agreement is appurtenant to and shall run with the Property as an equitable servitude and covenant in favor of City and shall be binding on all successors of the Property until this Agreement is expired or otherwise terminated.

6.4 Term. This Agreement shall terminate and be of no further force or effect (except as specified below) upon the last to occur (i) all Restricted AH Units have been sold to qualified Eligible Purchasers in accordance with this Agreement as evidenced by a recorded grant deed; and (ii) the Covenant Agreement for Restricted AH Unit and Covenant Deed of Trust have been executed by the Eligible Purchaser of each of the Restricted AH Units and recorded against the Restricted AH Unit concurrently with the grant deed. Notwithstanding the termination of this Agreement of record, the provisions of Sections 6.1, 6.2 and 7.1 shall remain in full force and effect as the personal obligation of Developer to City or City to Developer, as applicable.

6.5 Further Assurances; City Manager Authority. The parties shall execute any further documents in recordable form consistent with the terms of this Agreement as may from time to time be reasonably necessary or appropriate to effectuate the purpose of this Agreement. Except as otherwise expressly provided in this Agreement, approvals or consents required of City shall be deemed granted by the written approval of City Manager or his/her designee. City Manager is also authorized to execute any further documents on behalf of City, including the Covenant Agreement for Restricted AH Unit and any subordination agreements for the sale of the Restricted AH Unit.

Notwithstanding the foregoing, City Manager or designee may, in his or her sole and absolute discretion, refer to City Councill any item requiring City approval.

6.6 Cooperation Covenant. The parties agree to cooperate with each other to effect the intent of this Agreement including, but not limited to, modifying some provisions in this Agreement (and the Covenant Agreement for Restricted AH Unit) as may be reasonably required by the California Department of Real Estate or other applicable governmental agencies.

6.7 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

ARTICLE 7. GENERAL PROVISIONS

7.1 Attorney’s Fees and Costs. If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, whether or not a final court judgment is entered, the prevailing party shall be entitled to reimbursement of all

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reasonable costs and expenses incurred by the prevailing party in such legal proceeding, including reasonable attorneys’ fees, court costs and expenses and consultant and expert witness fees and expenses.

7.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.

7.3 Construction. The provisions of this Agreement shall be liberally construed for the purpose of effecting the intent of the City to increase the number of affordable dwellings in City. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

7.4 Amendments. This Agreement may only be amended or modified by written agreement executed by Developer and City and recorded in the Official Records of Los Angeles County.

7.5 Notices. Formal notices, demands and communications between City and Developer shall be sufficiently given if delivered personally, or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the respective addresses of City and Developer. Such notices, demands and communications, if given in person, shall be deemed given when delivered, and, if given by mail, shall be deemed given three (3) business days after deposit in the mail. If delivered by national overnight carrier service, it shall be deemed to have been delivered the following business day. Such written notices, demands and communications may be sent to the following addresses unless either party designates by notice a different address:

To Developer: San Dimas Bonita, LLC
27702 Crown Valley Parkway, D-4 197
Ladera Ranch, CA 92694
Attn: Matthew J. Waken
To City: City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attn: City Manager
With a copy to: Aleshire & Wynder, LLP
1 Park Place Suite 1000
Irvine, CA 92614
Jeffrey Malawy, City Attorney

7.6 Conflicts of Interest.

7.6.1 No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement; nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is, directly or indirectly, interested.

7.6.2 Developer warrants that it has not paid or given, and will not pay or give, any person any money or other consideration for obtaining this Agreement, other than normal fees paid to Developer’s independent contractors, attorneys, and consultants.

7.7 Non-liability. No member, official, employee, attorney or consultant of City shall be

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personally liable to Developer, or any successor in interest of Developer, in the event of any default or breach by City or for any amount which may become due to Developer or to its successor, or on any obligations under the terms of this Agreement. No director, officer, employee, attorney or consultant of Developer shall be personally liable to City, or any successor in interest of City, in the event of any default or breach by Developer or for any amount which may become due to City or to its successor, or on any obligations under the terms of this Agreement.

7.8 Qualification; Authority. Each individual executing this Agreement on behalf of Developer, represents, warrants and covenants to City that (a) Developer is duly formed and authorized to do business in the state of its incorporation, (b) such person is duly authorized to execute and deliver this Agreement on behalf of Developer in accordance with authority granted under the organizational documents of such entity, and (c) Developer is bound under the terms of this Agreement.

7.9 Assignment Prohibited. Developer shall not assign or transfer any portion of this Agreement without the prior express written consent of City, which consent may be given or withheld in City’s sole discretion. However, if any such assignment or transfer is to a purchaser of the entire Project, City shall not unreasonably withhold or delay its consent of the assignment provided that the purchaser shall assume all obligations under this Agreement in a form satisfactory to City.

7.10 No Waiver. The failure of City to enforce any term, covenant, or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of City’s right to enforce this, or any other, term, covenant, or condition of this Agreement at any later date or as a waiver of any term, covenant, or condition of this Agreement.

7.11 Entire Agreement. This Agreement and all of its Exhibits and attachments set forth and contain the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

7.12 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

7.13 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.

7.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement.

The only relationship between City and Developer is that of a government entity regulating the development of private property and the Owner of such property.

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01171.0013 2030892.1 13

7.15 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as indicated below.

CITY: DEVELOPER:

CITY OF SAN DIMAS,
a municipal corporation
By: ________________________
Emmett Badar, Mayor
ATTEST:
________________________
Debra Black, MMC
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP.

By: _____________________
Jeffrey Malawy, Esq
SAN DIMAS BONITA, LLC, a California
limited liability company
By: ________________________
Matthew J. Waken, Managing Member

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01171.0013 2030892.1 1

EXHIBIT A
Legal Description of the Property
That certain real property in City of San Dimas, County of Los Angeles, State of California legally described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9

WEST, SAN BERNARDINO MERIDIAN, RANCHO SAN JOSE, IN THE CITY OF SAN DIMAS, IN THE COUNTY OF LOS ANGELES, CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 TO 23, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2:

CONSISTING OF TWO (2) PARTS BEING HELD TOGETHER AS PARCEL 2, AS SHOWN IN THE LOT LINE ADJUSTMENT RECORDED JANUARY 3, 2023 AS INSTRUMENT NO. 20230001149 OF OFFICIAL RECORDS OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:

PART 1:

THE WESTERLY 329.65 FEET, OF THAT PORTION, OF THE NORTHEAST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER, OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9 WEST, IN THE

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 THROUGH 23, INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE

OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF BONITA AVENUE, 100 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 6752, RECORDED IN BOOK 88, PAGE 91 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THE NORTH 150 FEET OF SAID LAND.

ALSO EXCEPT THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE

OF THE LAND CONVEYED TO SAN BERNARDINO AND LOS ANGELES RAILWAY COMPANY, NOW THE

LOS ANGELES COUNTY TRANSPORTATION COMMISSION RAILROAD BY DEED RECORDED IN BOOK 239, PAGE 10 OF DEEDS.

PART 2:

THE EASTERLY 109.50 FEET AND THE WESTERLY 27.50 FEET OF THE EASTERLY 137.00 FEET, OF THE NORTHERLY 329.00 FEET, OF THE NORTHEAST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER, OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9 WEST, IN THE

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 THROUGH 23, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY.

EXCEPT THEREFROM THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET.

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01171.0013 2030892.1 1

EXHIBIT B

PROJECT LAYOUT

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01171.0013 2030892.1 1

EXHIBIT C
Sample Computation of Purchase Price for Restricted AH Units (2 examples)
See next page

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01171.0013 2030892.1
2 Page 387 – 470
01171.0013 2030892.1 1

EXHIBIT D
Covenant Agreement for Restricted AH Unit

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01171.0013 2030892.1 1

EXHIBIT E
Covenant Deed of Trust

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01171.0013 2030892.1 1

STATE OF CALIFORNIA )
)
COUNTY OF _____________ )
On _______________________ 2025, before me, ______________________________, Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
_____________________________________
[SEAL]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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01171.0013 2030892.1 1

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

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1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Dimas
245 S. Bonita Avenue
San Dimas, CA 91717
Attn: City Clerk
APN: _________________ SPACE ABOVE FOR RECORDER’S USE ONLY Exempt from recording fee per Gov. Code §§ 27383 & 6103

AFFORDABILITY COVENANTS AND RESTRICTIONS AFFECTING REAL PROPERTY AND

OPTION TO PURCHASE PROPERTY SECURED BY DEED OF TRUST
Owner: _______________________
Residence: ________________________
San Dimas, California

THIS AFFORDABILITY COVENANTS AND RESTRICTIONS AFFECTING REAL

PROPERTY AND OPTION TO PURCHASE PROPERTY SECURED BY DEED OF TRUST (“Agreement”) is entered into as of this ___ day of ____________, 20__ (“Agreement Date”) by and between CITY OF SAN DIMAS, a California municipal corporation (“City”), and ___________________________________ (jointly and severally “Owner”). City and Owner are sometimes referred to as a “Party” and jointly as the “Parties.”

RECITALS
A. Concurrently with the recordation of this Agreement, Owner has acquired that certain residence located at _____________ in City of San Dimas, County of Los Angeles, State of California, and legally described in Exhibit A attached hereto and incorporated by reference (“Residence”).

B. The Residence is part of that certain residential development commonly known as “______” (“Project”) which was developed by SAN DIMAS BONITA, LLC a California limited liability company (“Developer”).

C. As a condition to developing the Project, Developer was required to record covenants to designate and restrict seventeen (17) of the units in the Project as affordable housing.

Developer and City entered into that certain Affordable Housing Agreement dated _________, 202_ recorded on ________, 202__ as Instrument No. ________ in the Official Records of Los Angeles County (“Developer Agreement”).

D. Pursuant to the Developer Agreement, the use, occupancy and transfer of the Residence is restricted to qualified Moderate Income purchasers to ensure its continued availability to Moderate Income Households (as defined below) for a period of at least fifty-five (55) years.

The term “Restricted Level Income Household” means a household whose Gross Income, as defined in California Code of Regulations Title 25 Housing and Community Development Section 6914, meets the standards defined in the applicable provision of the California Health & Safety Code and applicable regulations adopted by HCD, including Subchapter 2 of Division

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2 1 of Title 25 of the California Code of Regulation (beginning at Section 6910) (“HCD Laws/Regulations”).

E. Owner is acquiring the Residence pursuant to the Developer Agreement for a purchase price of ______________________ Dollars ($_______) (“Original Sales Price”) which amount is less than the fair market value of the Residence which is agreed to be ________________________________ Dollars ($_________) as of the Effective Date (“Original Fair Market Value”). In consideration for acquiring the Residence at less than its Original Fair Market Value, Owner agrees that the Residence shall be restricted by the covenants and restrictions as set forth in this Agreement.

F. This Agreement is secured by a deed of trust executed by Owner and recorded concurrently with this Agreement in the Official Records (“Deed of Trust”).

NOW, THEREFORE, in consideration for Owner acquiring the Residence for less than the Original Fair Market Value, Owner agrees to the following covenants and restrictions which shall run with the Residence in favor of the City.

1. DEFINITIONS.

The following terms shall have the definitions below which can be found in the referenced sections:
“Agreement” – Preamble (page 1).
“Agreement Date” – Preamble (page 1).
“Alternative Sale” – Section 10(b).
“Base Price” – Section 12.1.
“Breach Notice” – Section 14.
“City” – Preamble (page 1).
“City’s Share of Appreciation” – Section 13.2.
“Deed of Trust” – Recital F.
“Default Interest” – Section 13.2.
“Default Purchase Exercise Notice” – Section 15.1.
“Default Purchase Option” – Section 15.1.
“Effective Date” – Section 2.
“Eligible Purchaser” – Section 11.2.
“Eligible Transfer” – Section 11.
“Exercise Notice” – Section 8.

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3 “Exercise Price” – Section 8.
“Fair Market Value” – Section 9.1.
“First Lender” – Section 21.1.
“First Deed of Trust” – Section 21.1.
“Gross Income – Recital D.
“HCD Laws/Regulations” – Recital D.
“Increased Base Price” – Section 12.1.
“Ineligible Purchaser” – Section 10(b).
“Initial Subsidy” – Section 13.2.
“Listing Agreement” – Section 10.1.
“Notice of Default” – Section 14.
“Official Records” – Section 2.
“Option” – Section 8.
“Original Fair Market Value” – Recital E.
“Owner” – Preamble (page 1).
“Owner’s Share of Appreciation” – Section 13.3.
“Project” – Recital B.
“Proposed Purchaser” – Section 10.
“Relative” – Section 3.
“Residence” – Recital A.
“Restricted Level Income Household” – Recital D.
“Restricted Sales Price” – Section 12.
“Restrictive Covenants” – Section 11.1(e).
“Subordination Agreement” – Section 21.2.
“Term” – Section 2.
“Total Appreciation” – Section 13.4.
“Transfer” – Section 5.

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4 “Transfer Notice” – Section 7.
“Value of Capital Improvements” – Section 12.2.

2. TERM OF AGREEMENT. The covenants, restrictions and equitable servitudes in this Agreement shall burden the Residence and run in favor of and for the benefit of, City. The term of this Agreement shall commence on the date this Agreement is recorded (“Effective Date”) in the Official Records of Los Angeles County (“Official Records”) and shall continue for a term of fifty-five (55) years, unless otherwise terminated as set forth in this Agreement including, but not limited to, Sections 8, 13 and/or 17 (“Term”).

3. OWNER CERTIFICATIONS. Owner certifies to City that (i) the financial and other information previously provided in order to qualify to purchase the Residence was true, correct and complete; (ii) Owner does not own any other residential property as of the Agreement Date; (iii) Owner intends to occupy the Residence as Owner’s principal place of residence; and (iv) Owner is not a Relative (as defined below) of any employee, officer, board member or shareholder of Developer (or any successor Developer of the Project) or any of its members, affiliates, or subsidiaries, or of any employee or official of City. “Relative” shall mean a parent, child, sibling, spouse, uncle, aunt, cousin, niece, nephew, grandparent and grandchild and shall also extend to any of the foregoing persons related through marriage (i.e. in-laws or step relationships).

4. LEASING AND OCCUPANCY OF RESIDENCE; ANNUAL CERTIFICATION.

4.1. Occupancy of Residence. Owner shall continuously occupy the Residence as his/her/their principal residence as required by the City ordinances. City may grant a temporary written waiver of this occupancy requirement for good cause in its reasonable discretion.

4.2. Leasing of Residence. Owner may not lease any portion of the Residence.

4.3. Annual Certification. On an annual basis, Owner shall provide a certification in a form required by City that the Residence is owned and occupied by Owner.

5. TRANSFER OF RESIDENCE. “Transfer” means any sale, assignment or transfer, voluntary or involuntary, of any interest in the Residence, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, or an interest under a land sale contract by which possession of the Residence is transferred and Owner retains title. Any Transfer without satisfaction of the provisions of this Agreement is prohibited. Transfers by gift, devise, or inheritance to an existing spouse, children, surviving joint tenant, or a spouse as part of a dissolution proceeding or in connection with marriage, shall not be considered a Transfer for the purposes of this Agreement.

6. REFINANCE OF RESIDENCE.

6.1 Refinancing of First Deed of Trust. Subject to Section 6.3, Owner may refinance a loan secured by a First Deed of Trust (defined in Section 20.1) encumbering the Residence provided that City has previously reviewed and approved in writing the terms and conditions thereof including, but not limited to, the principal amount of the proposed loan, the interest rate, the terms of repayment, the identity of the maker of the proposed loan, any documentation pertaining to the subordination or enforcement of this Agreement, and the costs and fees associated with the making of the proposed loan. Owner must have received the written approval of the proposed loan by City prior to the date of its closing. In the event of a proposed refinance that includes a principal amount in excess of that needed to repay the loan secured by the First Deed of Trust,

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5 any approval by City shall include conditions which, in the sole discretion of City, are warranted in order to insure the continued affordability of the Residence. Any refinancing of a First Deed of Trust that has not been previously approved by City shall constitute a default under this Agreement.

6.2 Junior Liens. Subject to Section 6.3, Owner may enter into a loan secured by a lien junior and subordinate to this Agreement provided that (i) the proceeds of each loan shall be used solely to pay for repairs or the construction of improvements to the Residence which improvements are consistent with all applicable covenants and restrictions of the Project; (ii) City has previously reviewed and approved the terms and conditions thereof, including, but not limited to, the principal amount of the proposed loan, the interest rate, the terms of repayment, the identity of the maker of the proposed loan, the costs and fees associated with the making of the proposed loan, and the nature and costs of the proposed repairs or the construction of improvements, to be paid with the proceeds thereof; and (iii) Owner shall have received the written approval of the proposed loan by City prior to the date of its closing. Without limiting the foregoing, the proceeds of the proposed loan shall not be used to pay for the construction of improvement of a luxury nature such as ground pools, spas, or interior or exterior decorative items, or improvements with an unreasonable useful life. The failure of Owner to comply fully with the provisions of this subsection when entering into a loan that is secured by a lien junior and subordinate to this Agreement shall constitute a default under this Agreement.

6.3 Notification Prior to Encumbrance or Hypothecation. If Owner desires to refinance a First Deed of Trust pursuant to Section 6.1, or to borrow funds for a new loan to be secured by a junior lien encumbering the Residence the proceeds of which are to be used to pay for repairs or the construction of improvements to the Residence pursuant to Section 6.2, prior written approval of City is required. Owner must request such approval in writing at least thirty (30) days prior to the recordation of a lien securing any such refinancing or loan, Owner shall submit in writing the following information and the applicable documents:
i. Name and address of lender.
ii. Terms of the loan, including, but not limited to, principal, interest rate, term, and loan fees.
iii. Closing date of the loan.
iv. Copy of all proposed escrow instructions, loan applications, security agreement, loan documents, and other agreements between Owner and the lender.
v. Written documentation of compliance with the conditions for City approval as set forth in Section 6.1 and 6.2, as applicable. vi. Other written documentation reasonably requested by City.

City shall have fifteen (15) business days after its receipt of all of such information to approve or disapprove the proposed refinancing or loan. If the City does not issue its written approval within the fifteen (15) business day period, the loan shall be deemed disapproved.

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6 7. NOTICE OF INTENDED TRANSFER. In the event Owner intends to sell or vacate the Residence, Owner shall promptly notify City in writing of such intent delivered at least sixty (60) days prior to the date Owner intends to list the Residence for sale or vacation of the Residence (“Transfer Notice”).

8. CITY PURCHASE OPTION. Upon City’s receipt of a Transfer Notice, City shall have the option, but not the obligation, to purchase the Residence for the Exercise Price (defined below) (“Option”). City may exercise its Option to purchase the Residence by delivering written notice of exercise to Owner within thirty (30) days of receipt of the Transfer Notice (“Exercise Notice”). Within ninety (90) days of the date of the Exercise Notice, City shall purchase the Residence at the lesser of: (i) the Fair Market Value of the Residence, or (ii) Restricted Sales Price calculated pursuant to Section 12 (“Exercise Price”). City may assign its right to purchase the Residence to an Eligible Purchaser or to a governmental agency or nonprofit organization that is devoted to developing or preserving moderate income housing. After a Transfer, if the City does not exercise the Option, the Option rights set forth herein shall remain in full force and effect and apply to any future Transfer of the Residence during the Term.

9. FAIR MARKET VALUE.

9.1. After the Effective Date, the term “Fair Market Value” shall have the meaning ascribed in Section 1263.320 of the California Code of Civil Procedure, as it now exists or may subsequently be amended and shall be determined by a real estate appraiser selected by City. The appraiser shall have been previously approved by the Federal National Mortgage Association or the Federal Housing Administration and at the time of the appraisal shall be on the list of approved single-family housing appraisers. If possible, the appraisal shall be based upon properties sold in the market during the three (3) month period prior to the date of the Transfer Notice. The cost of the appraisal shall be divided equally between City and Owner. In the event that improvements to the Residence have been made by Owner that increase the value of the Residence, or if damage to the Residence has occurred or deferred maintenance while Owner owned the Residence has decreased the value of the Residence, the appraisal shall specifically ascribe a value to these adjustment factors and state what the Fair Market Value of the Residence would be without such adjustments. Nothing in this Section shall preclude Owner and City from establishing the Fair Market Value of the Residence by mutual written agreement in lieu of an appraisal pursuant to this Section.

9.2. If no appraisal has been conducted pursuant to Section 9.1, and it is necessary to determine the Value of Capital Improvements made to the Residence by Owner, such determination shall be made by a real estate appraiser selected by City. The cost of the appraisal shall be divided equally between City and Owner.

10. TRANSFER BY OWNER.
a. Transfer to Eligible Purchaser: If City does not exercise its Option in the time and manner specified in Section 8, Owner may list the Residence with a licensed real estate broker for sale to an Eligible Purchaser (“Listing Agreement”) who meets the Eligible Transfer requirements in Section 11 and the maximum amount that Owner may receive for the Transfer shall be the Restricted Sales Price and the transfer shall comply with the requirements in Section 11. Owner shall promptly provide City with a copy of the Listing Agreement. Owner, City and the broker will work together to locate an Eligible Purchaser. b. Transfer to Ineligible Purchaser: If an Eligible Purchaser does not make an offer to purchase within six (6) months from the date of the Listing Agreement, Owner may proceed

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7 to enter a new listing agreement for the sale of the Residence for fair market value to a buyer who does not meet the Eligible Transfer requirements of Section 11 (“Alternative Sale”), in which event the gross proceeds of such sale shall be divided between Owner and City pursuant to Section 13. The transferee of an Alternative Sale is referred to herein as an “Ineligible Purchaser”.

11. ELIGIBLE TRANSFER. A Transfer of the Residence that meets the requirements set forth in this Section 11 shall qualify as an approved Transfer to an Eligible Purchaser (as defined below) (“Eligible Transfer”).

11.1. Disclosures and Submittals. Owner and the Proposed Purchaser shall provide the following information in writing and documents to City:
a. The name, address and telephone number of the Proposed Purchaser. b. Financial information certified by the Proposed Purchaser in a form acceptable to City and any other supporting documentation requested by City which shall include authorization for City to verify the information provided. The financial information shall be used by City to determine the income eligibility of the Proposed Purchaser as a Restricted Level Income Household in accordance with HCD Laws/Regulations. c. The proposed sales contract, escrow instructions and all other related documents that shall set forth the terms of the sale of the Residence. d. A written certification from Owner and the Proposed Purchaser in a form acceptable to City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by City. The certification shall also provide that the Proposed Purchaser or any other party has not paid and will not pay to Owner, and Owner has not received and will not receive from the Proposed Purchaser or any other party, money or other consideration, including personal property, in addition to what is set forth in the sales contract and documents submitted to City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to City, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sale contract and/or declare the sale void or pursue damages, notwithstanding the fact that the sale may have closed and become final as between Owner and the Proposed Purchaser. In any event, any costs, liabilities or obligations incurred by Owner and the Proposed Purchaser for the return of any monies paid or received in violation hereunder or for any costs and legal expenses, shall be borne by Owner and/or the Proposed Purchaser and they shall hold City and its designee harmless and reimburse their expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement. e. Restrictive Covenants in favor of the City executed and acknowledged by the Proposed Purchaser with substantially the same terms as the terms of this Agreement in a form acceptable to the City (“Restrictive Covenants”). City’s approval of the proposed sale shall be effective upon the recordation in the Official Records of both the Restrictive Covenants and a request for notice of default under the First Deed of Trust in favor of City. City may require the Proposed Purchaser to pay a reasonable fee to City and reimburse it for out of pocket costs to cover the costs of administering its right and obligations under this Agreement.

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8 f. Upon the close of the proposed sale, the escrow must provide to City a conformed copy of the recorded Restrictive Covenants, a Request for Notice of Delinquency and the Request for Notice, a copy of the final sales contract, settlement statement, escrow instructions, an endorsement updating the City’s loan title insurance policy and any other document that City may reasonably request.

11.2. Eligibility of Purchaser. A Proposed Purchaser who meets the following requirements shall be an “Eligible Purchaser”:
a. Each Proposed Purchaser shall certify to City in a form acceptable to City that he or she will occupy the Residence as his or her principal residence; b. Each Proposed Purchaser shall not own any other real property; and c. The combined Gross Income for all household members of the Proposed Purchaser qualifies as a Restricted Level Income Household in accordance with HCD Laws/Regulations.

11.3. Reimbursement to City. City may retain a third party who is qualified to provide the financial analysis and verification of each Eligible Purchaser as well as the calculation of the applicable Purchase Price for a Restricted AH Unit. Owner shall reimburse City for the cost of the qualified third party service provider to complete the financial analysis and verification process. If City elects to do the financial analysis and verification of an Eligible Purchaser, Owner shall pay City the same amount which would be charged by a qualified third party provider.

12. DETERMINATION OF SALES PRICE. The maximum sales price (“Restricted Sales Price”) that Owner shall receive for an Eligible Transfer of the Residence shall be the Increased Base Price as adjusted by Section 12.2, but, in no event, shall the sales price exceed the amount specified in Section 50052.5 of the Health & Safety Code and HCD Laws/Regulations.

12.1. Increased Base Price. The “Base Price” of the Residence means the purchase price paid by Owner (which is set forth in Recital E for the initial Owner), inclusive of closing costs actually paid by Owner. The “Increased Base Price” of the Residence means the Base Price, increased by the percentage of increase for a Restricted Level Income Household adjusted for family size, for Los Angeles County as published by the California Department of Housing and Community Development as determined by California Health & Safety Code Section 50000 et seq. and applicable regulations adopted from time to time. The increase in household income shall be computed from the date of the original purchase of the Residence by Owner to the date of Transfer Notice. In the event that such income determination is no longer published, or has not been updated for a period of at least eighteen (18) months, City may use or develop such other reasonable method as it may choose in order to determine such increase in income.

12.2. Adjusted Increased Base Price. The Increased Base Price shall also be adjusted for the Value of Capital Improvements. The “Value of Capital Improvements” shall mean the value of substantial structural or permanent fixed improvements that cannot be removed without substantial damage to the Residence or substantial or total loss of value of the improvements. No such valuation shall be made except for improvements (i) made or installed by or under the direction of Owner and permitted by the covenants restricting the Project; (ii) approved in advance by City or its designee; and (iii) with an initial cost of Two Thousand Dollars ($2,000) or more. The value of such improvements to be taken into account in calculation of the Increased Base Price shall be the increase in value of the Residence by reason of the improvements, and shall be determined by agreement of City and Owner, or, in the event of failure to agree, by appraisal pursuant to Section 9.2.

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9 13. ALTERNATIVE SALE & PAYMENT TO CITY. If a Transfer is not to an Eligible Purchaser (i.e., an Alternative Sale), Owner and City shall each receive a portion of the proceeds of the sale pursuant to this Section.

13.1. Disclosures and Submittals. Owner and Proposed Purchaser shall deliver to City the same information and documents as required by Section 11.1, except that (i) the financial statement of the Proposed Purchaser described in Section 11.1(b), and (ii) the Restrictive Covenants described in Section 11.1(e) and 11.1(f), shall not be required.

13.2. Amount Paid to City. City shall be entitled to receive the lesser of (i) its Initial Subsidy (defined below) plus the City’s proportionate share of appreciation, and (ii) the sales price (provided the sales price is equal to Fair Market Value). The City’s proportionate share of the Total Appreciation (defined in Section 13.4) shall be equal to the ratio of the City’s Initial Subsidy to the Fair Market Value at the time of the initial sale to Owner (“City’s Share of Appreciation”).

City’s Initial Subsidy means the Original Fair Market Value (as defined in Recital E) minus the Original Sales Price (as defined in Recital E), plus any down payment assistance from City (“Initial Subsidy”).

City’s share of sale proceeds shall be paid to City directly from escrow upon close of the Alternative Sale. In the event the amount due to City is not paid when due, the amount due to City shall accrue interest at the rate of ten percent (10%) per annum but not to exceed the (maximum amount permitted by law, commencing on the date said amount should have been paid to City until said amount is actually paid to City (“Default Interest”).

13.3. Amount Paid to Owner. Owner shall be entitled to receive the sum of (i) his/her/their down payment, (ii) the Value of Capital Improvements, if any, plus (iii) the Owner’s Share of Appreciation, but less (a) any amounts to pay off the First Lender and any other liens, and (b) closing costs to be paid by Owner. “Owner’s Share of Appreciation” shall be the Total Appreciation of the Residence less the City’s Share of Appreciation.

13.4. “Total Appreciation” shall mean Fair Market Value (as defined in Section 9.1) at the time of the sale, less the sum of (i) the Fair Market Value at the time of original acquisition and (ii) the Value of Capital Improvements.

14. DEFAULTS AND REMEDIES. Upon a breach of this Agreement or the Deed of Trust by Owner, City shall give written notice to Owner specifying in reasonable detail the nature of the breach (“Breach Notice”). If the breach is not cured to the satisfaction of City within (i) ten (10) days after delivery of the Breach Notice for failure to pay any sums due to the City under this Agreement; (ii) within thirty (30) days after delivery of the Breach Notice for failure to cure any non-monetary breach, and (iii) within thirty (30) days after recordation of a notice of default under any senior note or trust deed, City may thereafter elect to declare Owner in default under this Agreement by delivering a notice of default to Owner and First Lender (“Notice of Default”).

Immediately following the Notice of Default, City may apply to a court of competent jurisdiction for specific performance of this Agreement, or for any such other relief at law or in equity as may be appropriate, including foreclosure of the Deed of Trust for the amount the amounts to be paid to City pursuant to this Agreement including its attorney’s fees.

15. NON-LIABILITY OF CITY. City shall not be liable or obligated to Owner or any successor-ininterest to Owner by reason of its option to purchase under Section 8 or for any failure to exercise its option to purchase under those Sections.

Page 400 ends

10 16. FANNIE MAE REQUIREMENTS.

16.1 Insurance Settlements and Condemnation Proceeds. The holder of the First Deed of Trust shall have first claim to insurance settlements and condemnation proceeds.

16.2 Termination Upon Foreclosure or Deed in Lieu of Foreclosure. The provisions of this Agreement shall automatically terminate and be of no further force and effect upon a foreclosure or deed in lieu of foreclosure. Any mortgagee who forecloses or accepts a deed in lieu of foreclosure shall take title free and clear of this Agreement and the covenants, conditions and restrictions set forth herein, and the City shall not be entitled to any proceeds from future sales or transfer of the property after foreclosure or acceptance of a deed in lieu of foreclosure.

16.3 Non-Applicability to Private Loans. To the extent Owner obtains a loan from a private individual, the provisions of this Section 16 shall not apply. Notwithstanding the foregoing, the provisions of this Section 16 are intended to fully comply with all requirements of Fannie Mae and nothing contained in this Section 16.3 shall be deemed to supersede any requirements of 16.1 or 16.2 as to any Fannie Mae loan.

17. RESTRICTIONS OF FORECLOSURE PROCEEDS. If a creditor acquires title to the Residence through a deed in lieu of foreclosure, a trustee’s deed upon foreclosure sale, or otherwise, Owner shall not be entitled to the proceeds of sale to the extent that such proceeds otherwise payable to Owner when added to the proceeds paid or credited to the creditor exceed the amount Owner would have received by a sale in accordance with Section 11. Owner hereby irrevocably instructs the holder of such excess proceeds to pay such proceeds to City as consideration for the regulatory requirements of City allowing the Residence to be sold to a household that would not otherwise have been able to afford it.

18. BINDING ON SUCCESSOR. This Agreement shall bind, and the benefit hereof shall inure to, Owner and his/her/their heirs, legal representatives, executors, successors in interest and assigns for the Term.

19. SUPERIORITY OF RESTRICTIVE COVENANT. Owner covenants that he/she/they have not, and will not, execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that, in any event, this Agreement is controlling as to the rights and obligations between Owner (and its successors) and City.

20. RIGHTS OF BENEFICIARIES UNDER FIRST DEED OF TRUST.

20.1 This Agreement shall not diminish or affect the rights of the First Lender under the First Deed of Trust or any subsequent First Deed of Trust recorded against the Residence after the Effective Date in accordance with Section 6. For purposes of this Agreement, “First Lender” shall be the lender of a purchase money loan used for purchase of the Residence which loan is secured by a deed of trust in first position on record title to the Residence as well as a permitted refinancing permitted under Section 6 (“First Deed of Trust”).

20.2 Upon written request from Owner, City shall execute a subordination agreement in a form reasonably required by the First Lender subordinating this Agreement to the lien of a First Deed of Trust provided that the First Lender agrees (i) to provide notice of any default to City concurrently with such notice being provided to Owner, and (ii) to permit the City to cure any default under the First Deed of Trust (“Subordination Agreement”). Any Subordination Agreement shall only run to the benefit of the First

Page 401 ends

11 Lender and any subsequent holder of the First Deed of Trust but shall not affect the rights and obligations of City and Owner under this Agreement including, but not limited to, Section 15.

21. INVALID PROVISIONS. If any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

22. GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of California.

23. NOTICES. All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt and shall be deemed to be effective as date received or the date delivery was refused as indicated on the return receipt as follows:

To Owner: At the address of the Residence
To City: City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attn: City Manager
With copy to: City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attn: City Attorney
To First Lender: At the address shown on the First Deed of Trust.

A Party may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section 23.

24. ATTORNEY’S FEES. Should either Party incur attorney’s fees in seeking the enforcement of this Agreement, whether or not a final court judgment is entered, the prevailing Party shall be entitled to reimbursement of all reasonable costs and expenses incurred by the prevailing Party in such legal proceeding, including reasonable attorneys’ fees, court costs and expenses and consultant and expert witness fees and expenses.

25. AGREEMENT APPURTENANT TO RESIDENCE. This Agreement is appurtenant to and shall run with the Residence as a covenant and equitable servitude in favor of City and shall be binding on all subsequent owners of the Residence.

26. FURTHER ASSURANCES. The Parties shall execute any further documents in recordable form consistent with the terms of this Agreement as may from time to time be necessary or appropriate to effectuate the purpose of this Agreement. The City Manager is authorized to execute any further documents on behalf of City.

27. AMENDMENT OR MODIFICATION. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Developer and City.

Page 402 ends

12 28. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as if prepared by both Parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

29. NO WAIVER. The failure of City to enforce any term, covenant, or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of City’s right to enforce this, or any other, term, covenant, or condition of this Agreement at any later date or as a waiver of any term, covenant, or condition of this Agreement.

30. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties and supersedes all prior negotiations, discussions and previous agreements between City and Owner concerning all or any part of the subject matter of this Agreement. The Recitals are incorporated herein and made a part of this Agreement.

31. GOOD FAITH COVENANT. The Parties agree to cooperate in good faith to effect the intent of this Agreement.

32. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “OWNER” “CITY”
______________________________
Name: ________________________
______________________________
Name: ________________________

CITY OF SAN DIMAS,
a municipal corporation
By: ________________________
Emmett Badar , Mayor
ATTEST:
________________________
Debra Black, MMC
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP.

By: _____________________
Jeffrey Malawy, Esq

Page 403 ends

1 EXHIBIT A

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

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9

PARCEL 2:

PART 1:

THE WESTERLY 329.65 FEET, OF THAT PORTION, OF THE NORTHEAST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER, OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9 WEST, IN THE

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 THROUGH 23, INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE

EXCEPT THE NORTH 150 FEET OF SAID LAND.

ALSO EXCEPT THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE

OF THE LAND CONVEYED TO SAN BERNARDINO AND LOS ANGELES RAILWAY COMPANY, NOW THE

LOS ANGELES COUNTY TRANSPORTATION COMMISSION RAILROAD BY DEED RECORDED IN BOOK 239, PAGE 10 OF DEEDS.

PART 2:

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

EXCEPT THEREFROM THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET.

Page 404 ends

2 Page 405 – 470
1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 20__ before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
_____________________________
Signature of Notary
SEAL

Page 406 ends

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

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.
_____________________________
Signature of Notary
SEAL

Page 407 ends

1 01171.0013 2030895.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attn: City Clerk
APN _________________ SPACE ABOVE FOR RECORDER’S USE ONLY Exempt from payment of recording fees pursuant to Government Code § 6103

DEED OF TRUST WITH ASSIGNMENT OF RENTS
(Securing Affordable Housing Covenants)
THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS (“Deed of Trust”) is made as of the ____ day of _______, 202_, by ______________________________ (as “Trustor”), whose address is _____________ San Dimas, California _______________, to FIDELITY NATIONAL TITLE INSURANCE COMPANY (as “Trustee”), for the benefit of the CITY OF SAN DIMAS, a California municipal corporation (as “Beneficiary”), whose address is 245 E. Bonita Avenue, San Dimas, CA 91773.

WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of San Dimas, County of Los Angeles, State of California, described as set forth on Exhibit A attached hereto and hereby incorporated herein by reference (“Property”) together with rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) that certain Affordability Covenants and Restrictions Affecting Real Property and Option to Purchase Property Secured by Deed of Trust of even date herewith between Trustor and Beneficiary, and extensions of modifications thereof which is being recorded concurrently herewith (“Affordable Housing Agreement”); (2) the performance of each agreement of Trustor incorporated by reference or contained herein; and (3) payment of any and all sums and interest thereon which may hereafter be loaned to Trustor, or his or her successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.

THIS DEED OF TRUST IS HEREBY MODIFIED/SUPPLEMENTED BY THE TERMS OF THAT CERTAIN

RIDER TO DEED OF TRUST WHICH IS ATTACHED TO THIS DEED OF TRUST AND HEREBY INCORPORATED BY REFERENCE.

To protect the security of this Deed of Trust, and with respect to the Property, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely:

COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2057 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108

Page 408 ends

2 01171.0013 2030895.1
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2055 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivision A and B (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law.

TRUSTOR
__________________________________
_________________________________

Page 409 ends

3 01171.0013 2030895.1

DO NOT RECORD
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.

A. To protect the security of this Deed of Trust, Trustor agrees:
1) To keep said property in good condition and repair, not to remove or demolish any building thereon; to complete or restore promptly and in a good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at the option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.

Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary of Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same is such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from the date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.

B. It is mutually agreed:
1) That any award in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof.
4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as “the person or persons legally entitled thereto.”
5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or be a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collecting of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6) That upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which

Page 410 ends

4 01171.0013 2030895.1
notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.

After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.

After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

DO NOT RECORD

REQUEST FOR FULL RECONVEYANCE
TO _______________________________________, TRUSTEE:

The undersigned is the legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, an all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.

Dated _______________________________________
_____________________________________________________
_____________________________________________________
Please mail Deed of Trust,
Note and Reconveyance to ____________________________________________________________ Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made.

Page 411 ends

1 01171.0013 2030895.1

RIDER TO DEED OF TRUST WITH ASSIGNMENT OF RENTS
THIS RIDER TO DEED OF TRUST WITH ASSIGNMENT OF RENTS (“Rider”) is attached to and incorporated by reference to that certain Deed of Trust With Assignment of Rents, executed by ________________________ as “Trustor,” in which FIDELITY NATIONAL TITLE INSURANCE COMPANY is “Trustee,” in favor of the CITY OF SAN DIMAS, a California municipal corporation, as “Beneficiary.” The Deed of Trust, as hereby modified/supplemented by this Rider, is hereinafter referred to as the “Deed of Trust.” All terms which are not defined in this Deed of Trust shall have the meaning given in the Affordable Housing Agreement.

The parties hereto agree:

1. Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following obligations:
a. Payment and performance of all obligations of Trustor under this Deed of Trust; b. Payment of all obligations of Trustor under the Affordable Housing Agreement; c. Payment of all future advances and other obligations of Trustor or any other person, firm, or entity with the approval of Trustor, may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when the obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and d. All modifications, extensions and renewals of any of the obligations secured hereby, however evidenced.

2. No Renting or Leasing. Trustor acknowledges and agrees that Trustor shall occupy the Property as Trustor's principal residence in accordance with the Affordable Housing Agreement and shall not rent or lease any portion of the Property. Nothing in the Deed of Trust including the assignment of rents shall be interpreted or construed to permit the Trustor to rent or lease any portion of the Property.

3. Mortgagee-in-Possession. Neither the assignment of rents set forth in the Deed of Trust nor the exercise by Beneficiary of any of its rights or remedies hereunder shall be deemed to make Beneficiary a “mortgagee-in-possession” or otherwise liable in any manner with respect to the Property, unless Beneficiary, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Property by any court at the request of Beneficiary or by agreement with Trustor, or the entering into possession of the Property by such receiver, be deemed to make Beneficiary a “mortgagee-in-possession” or otherwise liable in any manner with respect to the Property.

4. Restriction on Transfer of Property; Beneficiary’s Right to Accelerate. In no event shall Borrower transfer any portion of the Property in violation of the Affordable Housing Agreement without the prior express written consent of Beneficiary which consent shall be given by Beneficiary only in the event that Beneficiary determines that the assignee or transferee is an Eligible Purchaser, that the assignee's or transferee's monthly housing payments are at, or less than, an Affordable Housing Cost, and that the assignee or transferee has expressly assumed the Note and the Affordable Housing Agreement by execution of a written assignment document to be provided by the Beneficiary. Violation of the transfer restrictions can result in the acceleration of Note as provided in the Affordable Housing Agreement.

5. No Cure. In the event Beneficiary collects and receives any rents under the Deed of Trust upon any default hereof, such collection or receipt shall in no way constitute a curing of the default.

6. Waiver. No delay or omission by Beneficiary in exercising any right or power accruing upon the compliance or failure of performance by Trustor hereto under the provisions of this Deed of Trust shall impair any such right or power or be construed to be a waiver thereof. A waiver by Beneficiary of a breach,

Page 412 ends

2 01171.0013 2030895.1
default or any other failure of performance by Trustor of any of the covenants, conditions or agreements hereof to be performed by Trustor shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

7. Default. Any default under the Affordable Housing Agreement shall be deemed a default under this Deed of Trust.

IN WITNESS WHEREOF, Trustor has executed this Rider to be effective for all purposes as of the day and year first set forth above.

TRUSTOR:
___________________________________
___________________________________

Page 413 ends

01171.0013 2030895.1
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
All that certain property located in the City of San Dimas, County of Los Angeles, State of California, legally described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, RANCHO SAN JOSE, IN THE CITY OF SAN DIMAS, IN THE COUNTY OF LOS ANGELES, CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 TO 23,

INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2:

PART 1:

THE WESTERLY 329.65 FEET, OF THAT PORTION, OF THE NORTHEAST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER, OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 9 WEST, IN THE

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 21 THROUGH 23, INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE

EXCEPT THE NORTH 150 FEET OF SAID LAND.

ALSO EXCEPT THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF THE NORTHEASTERLY

LINE OF THE LAND CONVEYED TO SAN BERNARDINO AND LOS ANGELES RAILWAY COMPANY,

NOW THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION RAILROAD BY DEED RECORDED IN BOOK 239, PAGE 10 OF DEEDS.

PART 2:

SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE, AND A PORTION OF THE RANCHO SAN JOSE,

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01171.0013 2030895.1
EXCEPT THEREFROM THE EASTERLY 90.00 FEET OF THE NORTHERLY 225.00 FEET.

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

State of California )
County of ______________ )
On ____________________, 202_ before me, , (insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _____________________ (Seal)

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Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of September 18, 2025
From: Luis Torrico, Director of Community Development
Prepared by: Marco A. Espinoza, Planning Manager
Subject: Case No’s. Vesting Tentative Tract Map 24-04 (84663), General Plan Amendment 24-04, Development Plan Review 24-13, & Tree Removal Permit 24-04 PROJ-24-48 & PROJ-24-59
A request to approve a vesting tract map for condominium purposes for the development of 164 units (attached two- and three-stories), 17 of which will be affordable units (moderate-income); amend the Housing Element to reallocate 89 units across affordability levels from the subject site to seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12), reduce the density of the subject site from 45-55 DUA to 16-25 DUA, and create two sites from Site 13 (13a & 13b); Development Plan Review for the architectural and site layout review, and the associated removal of a total of 116 trees (80 mature and 36 non-mature trees).

The project site is located just East of 444 E. Bonita Ave. (APN’s: 839-016-008 & 8390-014-025)
____________________________________________________________________________

SUMMARY
The Applicant, Mathew Waken representing San Dimas Bonita LLC, is requesting approval to construct 164 condominiums within 32 building clusters consisting of two- and three-stories located at 444 E. Bonita Ave. zoned Downtown Specific Plan, Gateway Village East with a Housing Element Site Overlay. All the units will be market rate with the exception of 17 of the proposed units, which will be sold as affordable units to moderate-income households. In order to accommodate the 17.8 units per acre proposed density, an amendment to the Housing Element is required. The subject site currently is designated to accommodate 45-55 units to the acre. As part of the amendment to the Housing Element some of the affordable units of Site #13 will need to be redistributed among seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12). As only a portion of Site #13 is proposed for development, the site will be split into two sites 13a and 13b; Site #13a will be developed with the reduced density of 16-25 units to the acre and Site #13b will remain at 45-55 units to the acre. The Applicant has also submitted a Tree Removal Permit to removal a total of 116 trees from the site; 80 mature and 36 nonmature trees.

This project will require review by the Planning Commission, which will give its recommendation to the City Council. The City Council decision on the project will be final.

ATTACHMENT 8

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VTTM 24-04, GPA 24-04, DPR 24-13, & TRP 24-04 Page 2
444 W. Bonita Ave.

For the Meeting of September 18, 2025

RECOMMENDATION
Staff recommends that the Planning Commission:
• Adopt Resolution PC-1701, recommending approval of Vesting Tentative Tract Map 24-04 (84663), General Plan Amendment 24-04, Development Plan Review 24-13, & Tree Removal Permit 24-04 to the City Council.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
Yes

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

BACKGROUND
The Applicant, Matthew Waken, on behalf of San Dimas Bonita LLC, submitted the following development applications in association for the construction of 164 condominium units located at 444 E. Bonita Avenue:

1. Vesting Tentative Tract Map 24-04 (84663): for the subdivision of two lots to be converted into one (1) lot with air space for 164 individual units and the general common space. 17 of the units will also be affordable units (moderate-income).

2. General Plan Amendment 24-24: for the amendment to the Housing Element to reallocate 89 units across affordability levels from the subject site to seven (7) other existing housing sites (No’s 4, 5, 7, 9, 10b, 11, 12), reduce the density of the subject site from 45-55 DUA to 16-25 DUA, and create two sites from Site 13 (13a & 13b).

3. Development Plan Review: for the site layout, architecture, landscaping, and hardscape of the site which will be developed in a Spanish architecture within 32 buildings laid out within the 9.19-acre site.

4. Tree Removal Permit 24-04: for the removal a total of 116 trees from the site; 80 mature and 36 non-mature trees.

As mentioned above, the Applicant is proposing to make 17 of the units affordable for Moderateincome households. These 17 affordable units are not a requirement of the Vesting Tentative Tract Map or any other project application, but are being provided by the Applicant as a community benefit, making the project available to a variety of income levels. An Affordable Housing Agreement between the City and the Applicant will be recorded to secure the affordable units (Attachment 7). The Applicant will facilitate the processing and selection of the new owners of these units with a preference that they be a resident or part of the workforce in San Dimas.

The subject site is one of the City’s Housing Sites (Site #13) included in the City’s 6th Cycle Housing Element. Site #13 is comprised of two parcels with a total lot size of 12.5 acres. One parcel is owned by Golden State Water Company (GSWC) with a lot size of 3.31 acres. The second parcel was part of a larger property owned by the USDA Forest Service with a lot size of

9.19 acres. The Site has been rezoned to Downtown Specific Plan (DTSP) – Gateway Village East to accommodate the residential density identified in the Housing Element. In addition, since adoption of the Housing Element, the USDA Forest Service sold the portion of their property, portion of Site #13, to the Applicant. Furthermore, during the application review process, the

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VTTM 24-04, GPA 24-04, DPR 24-13, & TRP 24-04 Page 3
444 W. Bonita Ave.

For the Meeting of September 18, 2025
Figure 1- Vicinity Map, Subject Site Outlined in Red
Applicant was able to secure the adjacent site fronting on Bonita Avenue (464 E. Bonita Avenue), which was incorporated into the development site (Figure 1).

The subject site will be accessed off the south side of E. Bonita Avenue with the majority of the site being behind other existing developments on Bonita Avenue. The subject site is surrounded by a variety of existing uses. To the north there are several commercial buildings, including a daycare center. To the east there are single-family detached residences, which are zoned SingleFamily 7,500 zone. These homes are accessed off of S. Gaffney Avenue. The Metro A Line and Pacific Railroad travel along the south property line and to the west is the Golden State Water Company lot and the reaming portion of the USDA Foresty site (Figure 1). The subject site is predominantly undeveloped except for a small parking lot that was previously used by the forestry service.

On July 8, 2025, the Applicant held an informational community meeting at the San Dimas Senior Center to inform the surrounding community of the proposed project. The Applicant conducted a 500-foot notification radius from the subject site. The Applicant provided an overview of the proposed project followed by individual group Q&A sessions, with each group discussing the different aspects of the project. The Applicant had their architect, landscape architect, and civil engineer on hand to help answer the public’s questions. Approximately 20-30 community members attended the meeting. Many of the community members expressed their satisfaction in learning that the project was going to be a for sale project and not a for-rent project. No concerns from the public were brought to Staff’s attention at the meeting or since the community meeting.

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San Dimas City CouncilOctober 14, 2025

San Dimas City Council
October 14, 2025