CITY COUNCIL MEETING AGENDA TUESDAY AUGUST 28th, :00 P. M. SAN DIMAS COUNCIL CHAMBERS 245 E. BONITA AVENUE

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1 CITY COUNCIL MEETING AGENDA TUESDAY AUGUST 28th, :00 P. M. SAN DIMAS COUNCIL CHAMBERS 245 E. BONITA AVENUE CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tem John Ebiner Councilmember Emmett Badar Councilmember Denis Bertone Councilmember Ryan A. Vienna 1. CALL TO ORDER AND FLAG SALUTE 2. RECOGNITIONS AND ANNOUNCEMENTS Chamber of Commerce presentation to Golden State Water Company for their support with the City s Birthday BBQ San Dimas Fitness Festival featuring the Annual 5K Run, 1 Mile Fun Run and Family Bicycle Day, September 22, ORAL COMMUNICATIONS (Members of the audience are invited to address the City Council on any item not on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. If you desire to address the City Council on an item on this agenda, other than a scheduled public hearing item you may do so at this time or asked to be heard when that agenda item is considered. Comments on public hearing items will be considered when that item is scheduled for discussion. The Public Comment period is limited to 30 minutes. Each speaker shall be limited to three (3) minutes.) a. Members of the Audience 4. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or audience requests removal for separate discussion.) a. Resolutions read by title, further reading waived, passage and adoption recommended as follows: RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS APPROVING CERTAIN DEMANDS FOR THE MONTH JULY, 2018.

2 City Council Agenda Page 2 August 28, 2018 b. Approval of Los Angeles County Sanitation Districts Tax sharing Resolutions c. Award Cash Contract Taylor House at 123 North Monte Vista Avenue- Demolition of Structures e. Deny claim for Smith vs City of San Dimas ( LMV) END OF CONSENT CALENDAR 5. OTHER BUSINESS a. Interest of certain properties joining the Municipal Parking District RECOMMENDATION: 1. Receive presentation from staff ask questions as desired. 2. Authorize staff to bring back a Resolution allowing the Owner of 213 and West Bonita Avenue to buy into the parking district by paying $8, for 213 West Bonita and $8, for West Bonita Avenue. 3. Conditions for acceptance into the parking district to be included in the Resolution: a. Owner needs to provide maximum onsite parking as a condition of joining the District. b. Owner cannot expand the footprint of the current buildings on each site. c. Uses of the second floor of the Puzzle Zoo building could potentially include (as directed by the city council) d. Payment of Parking District Fees. 6. PUBLIC HEARING (Published August 3, 2018/Notices mailed August 2, 2018) Continued from August 14, 2018 meeting. Walnut Avenue Project (The Planning Commission recommended approval of this project by a vote at their meeting of July 19, 2018.) a. ORDINANCE 1262, Zone Change No A request to change the zone classification from Single-Family 16,000 to Single-Family 7,500 (SF-7,500 - DS- 2) which requires a minimum lot size of 7,500 square feet. b. ORDINANCE 1263, Municipal Code Text Amendment No A code amendment to establish Development Standards Overlay Zone No. 2. c. RESOLUTION , Tentative Tract Map No A request to consolidate 4 existing parcels, with a total area of 3.17 acres to subdivide into 12 residential parcels. d. RESOLUTION , Initial Study/Mitigated Negative Declaration An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to assess the environmental impacts of the proposed project. The IS/MND was circulated for comments and public review from May 18, 2018 through June 6, 2018.

3 City Council Agenda Page 3 August 28, ORAL COMMUNICATIONS a. Members of the Audience (Speakers are limited to five (5) minutes or as may be determined by the Chair.) b. City Manager 1) Establish date for Fall Council-Staff Retreat. Recommended dates and times: i) Monday October 15, :00-9:00 p.m. ii) Monday October 22, :00-9:00 p.m. c. City Attorney d. Members of the City Council 1) Councilmembers' report on meetings attended at the expense of the local agency. 2) Individual Members' comments and updates. 8. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d) of Government Code Section Name of Case: City of San Dimas v. Metro Gold Line Foothill Extension Construction Authority (Los Angeles Superior Court Case No. BS ) 9. ADJOURNMENT The next meeting will be September 11 th, 2018 at 7:00 p.m. Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk s Office at (909) Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR ADA Title II]. Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public inspection at the Administration Counter at City Hall and at the San Dimas Library during normal business hours. In addition most documents are posted on the City s website at Posting Statement: I declare under penalty of perjury that on August 24, 2018, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., Los Angeles County Library 145 North Walnut Avenue, United States Post Office 300 E. Bonita Ave, the bulletin board at the Vons grocery store located at 1160 Via Verde, San Dimas, Ca and on the City s website as required by law. August 24 th, 2018 Date Debra Black, Assistant City Clerk

4 4a RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF JULY AND AUGUST 2018 WHEREAS, the following listed demands have been audited by the Administration Services Manager; and WHEREAS, the Administration Services Manager has certified as to the availability of funds for payment thereto; and WHEREAS, the register of audited demands have been submitted to the City Council for approval. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve Warrant Register for August 30, 2018 in the amount of $1,640, checks ( ) PASSED, APPROVED AND ADOPTED this 28 th, day of August ATTEST: Curtis W. Morris, Mayor Debra Black, Assistant City Clerk I HEREBY CERTIFY that Resolution was approved by vote of the City Council of the City of San Dimas at its regular meeting of August 28 th, 2018 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Debra Black, Assistant City Clerk

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39 4b Agenda Item Staff Report To: From: Initiated by: Honorable Mayor and Members of City Council For the meeting of August 28 th, 2018 Blaine Michaelis, City Manager Debra Black, Assistant City Clerk Subject: Tax Sharing Resolutions approving and accepting negotiated exchange of property tax revenues resulting from annexation to County Sanitation District No. 22 (Annexation No. 432) SUMMARY This action provides for the annexation into the County Sanitation District for sewer service of one existing single family home. (APN ) BACKGROUND Periodically property owners submit requests to the County of Los Angeles annexation of their property into the County Sanitation District No. 22 in order to receive off-site disposal of sewage. The annexation process requires that a resolution for property tax revenue exchange be adopted by all affected local agencies before an annexation may be approved. DISCUSSION/ANALYSIS For any jurisdictional change which will result in a special district providing new service not previously provided to an area, the law requires the governing bodies of all local agencies that receive an apportionment of the property tax from the area to determine by resolution the amount of the annual tax increment to be transferred to the special district (Revenue and Taxation Code Section 99.01). By sharing the property tax increment with the District resulting from this annexation, San Dimas will not lose any existing ad valorem tax revenue it currently receives from the affected territory. We would only be giving up a portion of the revenues it would receive on increased assessed valuation.

40 Tax Sharing Resolution (22-432) APN: Page 2 August 28 th, 2018 The resolution submitted for approval is for the City of San Dimas and the San Dimas Lighting District Zone B. RECOMMENDATION Approve the Joint Resolution of the Board of Supervisors of the County of Los Angeles and Board of Directors of County Sanitation District No. 22 of Los Angeles County. Respectfully submitted, Attachments: Resolution

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43 4c Agenda Item Staff Report To: From: Initiated by: Honorable Mayor and Members of City Council For the meeting of August 28, 2018 Blaine Michaelis, City Manager Jennifer Williams, Associate Planner Development Services Department Subject: Award of Cash Contract , Taylor House at 123 North Monte Vista Avenue- Demolition of Structures SUMMARY Staff re-released a notice inviting bids for demolition of the Taylor House at 123 N. Monte Vista Avenue. A total of three bid proposals were received. Interior Demolition, Inc. was the lowest bidder for the amount of $42, Staff is recommending that the City Council award the contract to Interior Demolition, Inc. for the bid amount. BACKGROUND The City Council previously directed Staff to solicit bids for the demolition of the Taylor House at 123 N. Monte Vista Avenue. A Notice Inviting Bids to demolish the house and garage and to clear the site was released on June 5, The notice was advertised three times in the Inland Valley Daily Bulletin (on June 5, 12, and 19, 2018), posted on the City s website, and ed to bid rooms. An optional pre-bid site meeting was hosted on June 14, 2018 and the bid was opened on June 28, 2018 at 10 am. Only one bid proposal was submitted. The City Engineer s estimate was $45,000 and the submittal received came in at $38, The sole submittal was made by Seigo Sei Construction Corporation; however, it was incomplete as it did not include a bid bond and as the contractor did not list a registration number with the Department of Industrial Relations. Both of

44 Cash Contract , Taylor House Page 2 August 28, 2018 these items are requirements under State Public Contract Code. As such, the City Council rejected the bid at its July 10, 2018 meeting and directed Staff to re-notice the project. Staff released a Notice Inviting Bids a second time on July 24. The notice was advertised three times in the Inland Valley Daily Bulletin (on July 24 and 31 and August 7, 2018), posted on the City s website, and ed to bid rooms. An optional pre-bid site meeting was hosted on August 7, 2018 and the bid was opened on August 16, 2018 at 10am. DISCUSSION/ANALYSIS Sealed bids were received by the City Clerk on Thursday, August 16, 2018 and publicly opened for Construction Contract Taylor House at 123 N. Monte Vista Avenue- Demolition of Structures. The bid results are as follows: Company Name Total Bid 1 Interior Demolition, Inc. $42, Sandwood Enterprises Inc. $63, Seigo Sei Construction Corp $44, Housing Authority monies will be used to fund this project as well as professional services for preparation of the construction plans and documents and an anticipated future construction contract for the construction of an affordable single-family home. It is anticipated that the City will be renting out the future dwelling unit. Staff has reviewed the bid proposal, bid bond, and references provided by the lowest responsible bidder, Interior Demolition, Inc., and verified that the contractor s bid bond is issued by an admitted surety, as required by Public Contract Code Section It was confirmed through the State Contractor s License Board that the Contractor s license number Class B (General Building Contractor), C-12 (Earthwork and Paving), C-21 (Building Moving, Demolition) and C22 (Asbestos Abatement) is valid and expires on 9/30/2018. Interior Demolition, Inc. is also currently registered with the Department of Industrial Relations (DIR Number / ) as required by Labor Code Section RECOMMENDATION Staff recommends that the City Council award Construction Contract to the lowest bidder, Interior Demolition, Inc., for the bid amount of $42, Respectfully submitted, Jennifer Williams Associate Planner

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48 5a Agenda Item Staff Report To: From: Subject: Honorable Mayor and Members of City Council Meeting of August 28, 2018 Blaine Michaelis, City Manager Interest of certain properties joining the Municipal Parking District SUMMARY The city recently met with the new owner of 213 and West Bonita (formerly the Train Depot and Church property). He is interested in exploring options regarding how to best utilize his properties. They recently opened their family business called the Puzzle Zoo at 213 West Bonita and purchased the Church property to the west a few months ago. These two properties are outside of the municipal parking district which means that uses at these locations generally must demonstrate sufficient on-site parking for the intended/desired use. In an effort to be responsive to private and city council interest in exploring alternatives to address parking needs and requirements in this area, staff researched city records to find the process last used for a property to buy into the parking district. The last property to buy into the District was 115 North Monte Vista in January/February We have reviewed the financial and process arrangements that were used at that time to explore how we could add a property in This staff report outlines a recommended process to update the 1987 action to a 2018 process for parcels to buy into the parking district. BACKGROUND Here is some background information regarding the Downtown Vehicle Parking District.

49 213, West Bonita joining the Parking District Page 2 August 28, 2018 The City formed the Vehicle Parking District in 1965 to create parking in the downtown. The District was formed to acquire property and construct the new parking lots. The lots were identified to be along 1 st Street for the north side of Bonita businesses, and to the south behind the buildings on south side of Bonita, generally in the locations that they currently exist The formation of the District was to assess the business within the area to pay for the property acquisition and construction costs and to provide for annual maintenance of the parking lots. The property acquisitions became very complicated with several eminent domain filings. Ultimately, the City amended and reestablished the District boundaries to split the District into 2 areas, north and south and reset the boundaries. District 1 encompasses the north side of the street and includes all commercial properties bounded by Iglesia to Monte Vista and Bonita to 1 st street, per the attached District Boundary map. Properties within the District paid an initial assessment fee, over a specified period to time, which covered the repayment of the bonds the City issued to acquire the property and construct the parking lots. There was an annual maintenance assessment which was established and is paid by the property owners on an annual basis. Unfortunately, the maintenance estimate was very low at the time and did not factor in any type of cost of living adjustment. The amount collected annually is currently far short of the actual cost of maintenance. For many years the City has used General Fund funds to pay for the parking lot and landscape maintenance. The parking lots are public lots available for anyone to park and not exclusive for the businesses in the District. Since the District stops at Monte Vista the properties from Monte Vista to Cataract have been outside of the District and not paid an assessment. The attached aerial photograph shows those properties. The office complexes at 245 W. Bonita and 237 W. Bonita, the hardware store and lawn mower shop all have on-site parking. The only businesses that do not have customer on-site parking are the former Train Stop, current Puzzle Zoo, and the church buildings. Recently, the new owner of those two buildings inquired about options on how to best utilize those buildings and was made aware of the parking restrictions on those buildings. Even before his inquiries the Council has had interest in trying to address the parking restrictions on those buildings. After exploration by staff it was realized that there is a precedent for property to buy into the District. In January/February 1987 the city council and staff deliberated over the non-conforming status of property located at 115 N. Monte Vista. The 4,200 square foot property was considered too small to accommodate on-site parking for the building located on the property so the owner and staff analyzed the options. Because of the cost to annex the property into the parking district was nearly as much as the payment of the original assessment and maintenance fees due to join the parking district; staff recommended and the council approved at that time a process where the owner paid the following

50 213, West Bonita joining the Parking District Page 3 August 28, 2018 costs to be allowed for participation in the parking district and thus be in compliance with the city s parking ordinances: $.50 per square foot of the total parcel size as an assessment which was what others paid to be part of the district, ($2,100 in this case), plus $.25 per front foot of the property for maintenance back to the start of the district in 1971 ($168 one-time payment plus $10.50 each year thereafter for maintenance in this case) By minute order in February 1987, the council approved this arrangement and upon receiving a check in the amount of $2,268, by action of the city council the property was declared conforming to the city s zoning ordinance (meaning that the current building could be marketed with parking provided by the parking district). Ironically, this property was purchased by the Redevelopment Agency in the mid 2000 s the building was demolished and a parking lot was built. Using a calculation to update the assessment and maintenance fees; $.50 psf in 1987 becomes $1.13 in 2018; $.25 per front in 1987 was considered a fixed fee the same fee established at the beginning of the District. Therefore to apply the same 1987 conditions we would use the $.25 per front foot fee back retroactive to Using these updated 2018 numbers, the Puzzle Zoo and Church property would result in the following assessments to join the parking district: Property Parcel Size Assessment Maintenance* Total Payment Puzzle Zoo 6,971 sf $7, $ $8, Church 6,980 sf $7, $ $8, *Maintenance costs are calculated at 50 lineal feet of frontage times $.25 for 46.5 years going back to To summarize using an updated process and assessments from the last addition to the parking district would result in the Puzzle Zoo and Church properties paying $8, and $8, respectively to be added to the parking district.

51 213, West Bonita joining the Parking District Page 4 August 28, North Monte Vista 1987 DISCUSSION/ANALYSIS The process to be a part of the parking district has always considered the size of the existing building at the time that property joined the district. Joining the district did not allow for the property owner to increase the size of the building footprint or intensify the existing use. Therefore, staff feels the need to affirm this same approach for properties joining the district today and into the future. If the Church property joins the district, and desires a higher parking demand use such as a restaurant, they are limited to the same square footage/building footprint of the existing building and they must provide as much parking as possible on site first and then the parking capacity of the district can be counted toward the balance of the parking requirements for a restaurant. Staff also recommends caution if the intended or expanded use is residential in case there is thinking that property newly added to the district can now add any number of residential units without regard for on-site parking capacity. We express this caution because residential parking demand is different the parking must be sufficient and carefully managed to be readily available at any time for the occupant s specific use, and it must be proximate to the unit. Therefore staff recommends that if the Puzzle Zoo property is added to the parking district that it also be required to maximize on-site parking but the potential uses would only be retail, commercial, or restaurant for the bottom floor of the building. The second floor would continue to only be used for uses that would not generate a parking demand such as storage. Please note that the Owner is interested in exploring if the city would consider if other options exist for the second floor. If residential is problematic what about retail or office use?

52 213, West Bonita joining the Parking District Page 5 August 28, 2018 RECOMMENDATION 1. Receive presentation from staff ask questions as desired. 2. Authorize staff to bring back a Resolution allowing the Owner of 213 and West Bonita Avenue to buy into the parking district by paying $8, for 213 West Bonita and $8, for West Bonita Avenue. 3. Conditions for acceptance into the parking district to be included in the Resolution: a. Owner needs to provide maximum onsite parking as a condition of joining the District. b. Owner cannot expand the footprint of the current buildings on each site. c. Uses of the second floor of the Puzzle Zoo building could potentially include (as directed by the city council) d. Payment of Parking District Fees. Aerial photos of the properties discussed and the Parking Districts

53 213, West Bonita joining the Parking District Page 6 August 28, 2018

54 6a Agenda Item Staff Report To: From: Initiated by: Subject: Honorable Mayor and Members of City Council For the meeting of August 28, 2018 Blaine Michaelis, City Manager Jennifer Williams, Associate Planner Walnut Avenue Project Zone Change No A request to change the zone classification from Single-Family 16,000 to Single-Family 7,500 (SF-7,500 - DS-2) which requires a minimum lot size of 7,500 square feet. Municipal Code Text Amendment No A code amendment to establish Development Standards Overlay Zone No. 2. Tentative Tract Map No A request to consolidate 4 existing parcels, with a total area of 3.17 acres to subdivide into 12 residential parcels. Initial Study/Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to assess the environmental impacts of the proposed project. The IS/MND was circulated for comments and public review from May 18, 2018 through June 6, Related Cases: DPRB Case No A request for approval of house plans for the construction of 12 new homes. DPRB Case Nos and Requests to demolish the residential structures at 300 N. Walnut Avenue and 343 Moore Lane, which are listed on the City s historic inventory list. Tree Removal Permit No A request to remove approximately 131 trees.

55 Walnut Avenue Project Page 2 August 28, 2018 SUMMARY The Planning Commission originally considered the project on June 21, 2018 and subsequently on July 19, The June 21, 2018 Planning Commission staff report provides the full project description, background information, and analysis. The July 19, 2018 Planning Commission staff report and August 14, 2018 City Council staff report provide additional information. At its August 14, 2018 meeting, the City Council continued the item and directed Staff to meet with the Applicant in an attempt to resolve some of the Council members concerns with the project. Staff met with the Applicant on August 21, The outcome of that meeting is discussed in more detail in the report. BACKGROUND Please see the June 21, 2018 and July 19, 2018 Planning Commission staff reports and the August 14, 2018 City Council staff report for the full background information, discussion and analysis, and Planning Commission and Staff recommendations (Exhibit D). At its August 14, 2018 meeting, a motion was made to adopt the Zone Change and Municipal Code Text Amendment ordinances as they were drafted per the Planning Commission s recommendation. The motion failed, and the Council subsequently approved a motion to continue the public hearing to August 28, 2018 and directed Staff to meet with the developer to address outstanding issues; primarily the establishment of a rear-yard setback and additionally to further discuss floor area ratio and the number of single-story lots. DISCUSSION/ANALYSIS Staff met with the Applicant on August 21, 2018 and discussed the following points: Rear Yard Setback Requirement The Planning Commission had recommended a minimum of 12 rear-yard setback. Staff had recommended an appropriate rear-yard setback be established, with 15 feet being the smallest rear yard setback considered. Some council members expressed concerns with a 12 or 15 rear yard setback being inadequate. PAGE 2

56 Walnut Avenue Project Page 3 August 28, 2018 Staff s impression from meeting with the Applicant was that the Applicant would be willing to accept a minimum 15 rear yard setback in order to facilitate the project. Number of Single-Story Lots The Planning Commission had recommended lots fronting Walnut Avenue be limited to onestory in height. Staff had recommended some percentage of the lots be limited to 1 story in height and suggested 20-40% or 3-5 lots. Staff s impression from meeting with the Applicant was that the Applicant is not interested in incorporating additional single-story lots. Floor Area Ratio The Planning Commission had recommended a 55% maximum floor area ratio including the garage area. Staff had recommended a 45% maximum floor area ratio which would not include the first 400 square feet of garage area but would include any garage area over 400 square feet. Staff s impression from meeting with the Applicant was that the Applicant would rather agree to a limitation on a maximum unit size which accommodates the development as proposed rather than the establishment of a floor area ratio or reduction in the house sizes proposed to accommodate the Staff recommendation. Staff has included a survey of some other cities methods of applying a floor area ratio and/or maximum unit size and additional analysis of the proposed project in Exhibit B. Trees Concerns about the number of tree removals proposed have been expressed by some of the City Council members. The tree removal plan indicates a total of 134 trees are present on the project site. 35 trees are considered to be mature trees, 84 are not, and it is unclear whether the 15 remaining trees are mature or not. Of the total 134 trees, 3 trees (which are mature Oak trees) are shown to be preserved and the remainder 131 trees are indicated for removal. Of the 32 trees to be removed that are clearly identified as mature, 11 are Oaks. It is important to note that the Tree Removal Permit is a related case but not a part of the applications under consideration for action at this time. It is subject to review by the Development Plan Review Board, who deferred action on the application at its March, meeting; however, the City Council may call it up for review. Staff has noted that some City Council members would prefer to see additional trees preserved and has communicated this to the Applicant. Approving the tract map likely means that roughly 6 Oak trees will be removed due to their location in the street or near dead center in a couple of the lots. Another 5 or so may be able to preserved pending final review of site plans. DPRB review of final house siting and the Tree Removal Permit will determine the actual number. As always the City Council may call up any DPRB decision for its own review. PAGE 3

57 Walnut Avenue Project Page 4 August 28, 2018 CONCLUSION Staff has included Ordinances and Resolutions as Exhibit A which would approve the project per the Planning Commission s recommendation with the exception of an amendment to the rear yard setback (changed from 12 to 15 ) on Item 5 in Ordinance Staff also slightly amended the language on Item 5 to clarify that detached unenclosed patio covers are exempt from the 15 rear yard setback requirement and may be sited as close as 5 to the rear property line. Respectfully submitted, Jennifer Williams, Associate Planner Attachments: Exhibit A Ordinance 1262 for Zone Change No Ordinance 1263 for Municipal Code Text Amendment No Resolution for Tentative Tract Map (16-01) Resolution for Mitigated Negative Declaration of Environmental Impact Exhibit B Floor Area Ratio Survey and Analysis Exhibit C Information Requested by Mayor Pro Tem Ebiner Exhibit D August 14, 2018 City Council Staff Report and Exhibits PAGE 4

58 ORDINANCE 1262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONE FROM SINGLE FAMILY 16,000 (S-F 16,000) TO SINGLE FAMILY 7,500 WITH A MINIMUM LOT SIZE OF 7,500 SQUARE FEET AND DEVELOPMENT STANDARDS OVERLAY ZONE NO. 2 (S-F 7,500 - DS-2) FOR THE PROPERTIES LOCATED AT 216 N. WALNUT AVENUE, 300 N. WALNUT AVENUE, 343 MOORE LANE, AND UNADDRESSED PROPERTIES (APN S: , , , , AND ) T WHEREAS, a Zone Change has been duly initiated by: R AF John Begin JB Development 133 E. Bonita Ave, Suite 201 San Dimas, CA WHEREAS, the Zone Change is described as a request to change the zone from Single-Family 16,000 to Single-Family 7,500, which requires a minimum lot size of 7,500 square feet; and WHEREAS, the Zone Change would affect the properties located at 216 N. Walnut Avenue, 300 N. Walnut Avenue, 343 Moore Lane, and unaddressed properties (APN S: , , , , and ); and D WHEREAS, on June 21, 2018, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission continued the public hearing of June 21, 2018 to July 19, 2018 directing staff to prepare the required resolutions related to the Proposed Project; and WHEREAS, at its meeting on July 19, 2018, the Planning Commission adopted a resolution recommending approval to the City Council of the Zone Change with the incorporation of Development Standards Overlay Zone No. 2 as part of the zone change; and WHEREAS, notice was duly given of the City Council public hearing on the matter and that public hearing was held on August 14, 2018 and continued to August 28, 2018 with all testimony received being made a part of the public record. PAGE 5 EXHIBIT A

59 PAGE 6 EXHIBIT A Ordinance 1262 Page 2 Zone Change No NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, does hereby ordain as follows: Section of the San Dimas Municipal Code is hereby amended by amending the Official Zoning Map of the City of San Dimas as shown on Exhibit A. SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 2. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage, and within 15 days after its passage the City Clerk shall cause it to be published in the Inland Valley Daily Bulletin, a newspaper of general circulation (GC 40806) in the City of San Dimas hereby designated for that purpose. PASSED, APPROVED AND ADOPTED by the City Council of the City of San Dimas this 11 th day of September, ATTEST: Debra Black, Assistant City Clerk Curtis W. Morris, Mayor City of San Dimas DRAFT APPROVED AS TO FORM: Mark Steres, City Attorney

60 PAGE 7 EXHIBIT A Ordinance 1262 Page 3 Zone Change No I, DEBRA BLACK, ASSISTANT CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1262 was introduced at a regular meeting of the City Council of the City of San Dimas on the 28 th day of August, 2018, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 11 th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Black, Assistant City Clerk DRAFT

61 Ordinance 1262 Zone Change No Page 4 EXHIBIT A R AF T Existing Zoning D Proposed Zoning Change from S-F 16,000 to S-F 7,500 DS-2 zoning designation Retain S-F 16,000 zoning designation PAGE 8 EXHIBIT A

62 PAGE 9 EXHIBIT A ORDINANCE 1263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES ADOPTING MUNICIPAL CODE TEXT AMENDMENT NO TO CREATE DEVELOPMENT STANDARDS OVERLAY ZONE NO. 2 WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the City of San Dimas; and WHEREAS, the Amendment is to modify Chapter 18 Zoning to create a Development Standard Overlay Zone No. 2; and WHEREAS, the Amendment would apply to the properties located at 216 N. Walnut Avenue, 300 N. Walnut Avenue, 343 Moore Lane, and unaddressed properties (APN S: , , , , and ); and WHEREAS, on June 21, 2018, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider a Mitigated Negative Declaration and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission continued the public hearing of June 21, 2018 to July 19, 2018 directing staff to prepare the required resolutions related to the Proposed Project; and WHEREAS, at its meeting on July 19, 2018, the Planning Commission adopted a resolution recommending approval to the City Council of Municipal Code Text Amendment to create Development Standards Overlay Zone No. 2; and DRAFT WHEREAS, notice was duly given of the City Council public hearing on the matter and that public hearing was held on August 14, 2018 and continued to August 28, 2018 with all testimony received being made a part of the public record. NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, does hereby ordain as follows: Title 18 of the San Dimas Municipal Code shall be amended as provided for in Exhibit A. SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council

63 PAGE 10 EXHIBIT A Ordinance 1263 Page 2 Municipal Code Text Amendment No hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 2. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage, and within 15 days after its passage the City Clerk shall cause it to be published in the Inland Valley Daily Bulletin, a newspaper of general circulation (GC 40806) in the City of San Dimas hereby designated for that purpose. PASSED, APPROVED AND ADOPTED by the City Council of the City of San Dimas this 11 th day of September, ATTEST: Debra Black, Assistant City Clerk Curtis W. Morris, Mayor City of San Dimas APPROVED AS TO FORM: Mark Steres, City Attorney DRAFT I, DEBRA BLACK, ASSISTANT CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1263 was introduced at a regular meeting of the City Council of the City of San Dimas on the 28 th day of August, 2018, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 11 th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Black, Assistant City Clerk

64 Ordinance 1263 Municipal Code Text Amendment No Page 3 EXHIBIT A MCTA Establishing Development Standards Overlay Zone No. 2 Add the following text to SDMC B. Development Standard Overlay Zone No. 2 (DS-2) is created as follows: R AF T 1. Geographic Area. As demonstrated in the exhibit below and as further depicted on the official zoning map. D DS-2 Zone Boundaries Depicted in Dashed Rectangle 2. Specific Objectives. In addition to the determination that the plan complies with the purposes of the Development Standard Overlay Zone, the following specific findings shall be satisfied by the plan: a. It promotes infill development that is consistent in character and scale with established neighborhoods. PAGE 11 EXHIBIT A

65 PAGE 12 EXHIBIT A Ordinance 1263 Page 4 Municipal Code Text Amendment No b. It promotes quality site layout. c. It promotes architectural unity and harmony within the development and with the surrounding community 3. One-Story Limitation and Lot Coverage Increase. Parcels within Development Standards Overlay Zone No. 2 which are adjacent to Walnut Avenue shall be limited to one-story in height. Properties limited to one-story in height are permitted an increase in lot coverage from thirty-five percent to forty percent. 4. Floor Area Ratio (FAR). In addition to the maximum allowed lot coverage of thirty-five percent, the maximum floor area ratio for any two-story residential dwelling unit shall be fifty-five percent, including the garage area. Porches, patio covers, gazebos, and other similar unenclosed structures shall not be included in the floor area ratio calculation. 5. Rear Yard Setback Requirements. All parcels shall incorporate a minimum rear yard setback of fifteen feet from the dwelling unit to the rear lot line. Accessory structures including detached unenclosed patio covers and swimming pools may encroach into the fifteen-foot rear-yard setback to a minimum required setback of five feet. 6. Access Restrictions. Vehicular access shall be prohibited from Moore Lane. All vehicular access shall be provided from a public street. 7. Presentation to Moore Lane. Improvements on lots abutting Moore Lane shall be designed in a manner which creates a pleasing aesthetic presentation to Moore Lane to the satisfaction of the Development Services Director. DRAFT

66 PAGE 13 EXHIBIT A RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING TENTATIVE TRACT MAP (TTM 16-01), A REQUEST TO CONSOLIDATE FOUR EXISTING PARCELS WITH A TOTAL AREA OF 3.17 ACRES TO SUBDIVIDE INTO 12 RESIDENTIAL PARCELS AT 300 NORTH WALNUT AVENUE, 342 MOORE LANE, AND UNADDRESSED PROPERTIES (APN S: , , AND ) WHEREAS, an application for a Tentative Tract Map has been duly filed by: John Begin JB Development 133 E. Bonita Avenue, Suite 201 San Dimas, CA WHEREAS, the applicant is requesting the Tentative Tract Map to; Consolidate four existing parcels with a total area of 3.17 acres to subdivide into 12 residential parcels. WHEREAS, the Tract Map was submitted to appropriate agencies as required under Section of the San Dimas Municipal Code with a request for their report and recommendations; and WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on June 21, 2018 and continued to July 19, 2018, at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and WHEREAS, at its meeting on July 19, 2018, the Planning Commission adopted a resolution recommending approval of the tentative tract map to the City Council; and DRAFT WHEREAS, notice was duly given of the City Council public hearing on the matter and that public hearing was held on August 14, 2018 and continued to August 28, 2018, with all testimony received being made a part of the public record; and WHEREAS, Tentative Tract Map No is proposed in conjunction with a request to amend the zoning land use classification from Single Family 16,000 to Single Family 7,500 (Zone Change 16-01) and a Municipal Code Text Amendment No is being proposed to ensure compatibility with the surrounding neighborhood; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 2100 et seq.; herein referred to as CEQA ), the State of California Guidelines for Implementation of the California Environmental Quality Act, the City is the lead agency for the preparation and consideration of environmental documents for the Proposed Project; and

67 PAGE 14 EXHIBIT A Resolution Page 2 Tentative Tract Map No (16-01) WHEREAS, in conformance with CEQA and CEQA Guidelines, a draft Mitigated Negative Declaration ( MND ) was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA and CEQA Guidelines a Mitigation Monitoring and Reporting Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report presented by staff at the public hearings. NOW, THEREFORE, pursuant to the California Government Code Section et seq., based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Concil finds as follows: A. That the proposed Tract Map is consistent with the General Plan and the applicable Land Use Zone. The proposed Tentative Tract Map No is consistent with the City of San Dimas General Plan Land Use Designation Single Family Low, which allows a density of units per acre. The land use designation of Single Family Low is intended to provide for single family detached units. The Proposed Project and map are consistent with the General Plan as follow: 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. DRAFT 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.

68 PAGE 15 EXHIBIT A Resolution Page 3 Tentative Tract Map No (16-01) Policy 2.3: Continue to encourage design consistent with the General Plan and appropriate to the community context. The proposed Tract Map is located within a developed area where infrastructure and utilities are readily available to serve future development. With the approval of the Municipal Code Text Amendment and Zone Change, the proposed Tentative Tract Map will be compatible with existing residential uses surrounding the project site. As part of the Proposed Project, an overlay zone has also been drafted that would adopt standards restricting unit size, lot coverage and setbacks to ensure that the newly created parcels are developed in a manner that are consistent with the area and surrounding neighborhoods The Tentative Map will be consistent with the General Plan and the Land Use Zone. The Proposed Project/Map proposes a density of 3.78 units per acre. C. That the site is physically suitable for the type of development proposed. The approximately 3.17 acre site is adequate in size for the proposed 12 residential parcels. All 12 parcels would be developed in the future with single family detached units. The proposed density is 3.78 units per acre. The site can adequately accommodate the proposed public street, adequate vehicular and emergency vehicle access, infrastructure and all on-site and off-site improvements required of the City of San Dimas Municipal Code. D. That the site is physically suitable for the proposed density of the development. The site is physically suitable for the type and density of development proposed in the Tentative Tract Map. The proposed 12-lot subdivision is surrounded by residential uses on all sides Therefore, the propoded infill development would be compatible with the existing fabric of the neighborhood and infrastructure can easily be extended to the project site to serve the new land uses. DRAFT 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 subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because after CEQA compliance, the environmental impacts to any significant habitat of a rare or endangered species of plant, animal, or insect, or any fragile or unique biotic community are at a lessthan-significant level. As such, it is not anticipated that the Proposed Project will cause a substantial environmental injure to wildlife or their habitat.

69 PAGE 16 EXHIBIT A Resolution Page 4 Tentative Tract Map No (16-01) F. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes, and mitigation measures identified in the Mitigated Negative Declaration G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public for access through or use of property within the proposed subdivision. No easements of record or easements established by judgment of a court of competent jurisdiction for public acess across the site have been disclosed and the City does not otherwise have any constructive or actual knowledge of any such easements. Additionally, the subdivision will not conflict with the private easements on Moore Lane. H. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Conditions are imposed to protect the public health, safety and general welfare and to implement the intent and purpose of the General Plan. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map will not cause a violation of existing requirements prescribed by the local water quality control board because future development must comply with County Sanitation Districts and Los Angeles County Public Works Department requirements placed on the project at the Development Plan Design level of project review. DRAFT NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve Tentative Tract Map No (16-01) subject to those conditions of approval in Exhibit A.

70 PAGE 17 EXHIBIT A Resolution Page 5 Tentative Tract Map No (16-01) PASSED, APPROVED AND ADOPTED this 28 th day of August, ATTEST: Debra Black, Assistant City Clerk Curtis W. Morris, Mayor City of San Dimas I, Debra Black, Assistant City Clerk, hereby certify that Resolution was adopted by the City Council of San Dimas at its regular meeting of August 28 th, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DRAFT Debra Black, Assistant City Clerk

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