San Dimas staff present zoning amendments to meet housing element; council questions discretionary items and legal risk

San Dimas planning staff presented a municipal code text amendment (23-03) on Aug. 13 to update zoning and subdivision rules required by the city's housing element and state law. The amendments would revise the city's density-bonus regulations, create a lot-consolidation incentive, and allow certain supportive and low-barrier housing types by-right in specified zones.

Louis Trico, director of Community Development, told the council the housing element covering 2021'2029 was certified by the California Department of Housing and Community Development in October 2022 and that the current cycle allocates 1,248 units to San Dimas. Planning Manager Marcos Mills detailed five programs the code changes would implement, including a revised density bonus consistent with state law and a lot-consolidation fee waiver to encourage development on identified housing sites.

Key provisions staff highlighted include:

- Density bonus updates to reflect state law allowing applicants for projects of five or more units to seek bonuses and incentives when projects include set shares of affordable units; staff summarized the typical thresholds for lower- and very-low-income set-asides.

- A lot-consolidation ordinance that waives related planning fees for qualifying projects where demonstration shows the fee is a material barrier to development.

- Program 22, which expands by-right allowances for supportive housing and low-barrier navigation centers in certain residential/mixed zones (staff said AB 139 and state guidance inform parking and other standards).

- Program 23, which adjusts zoning and permit procedures to allow group homes with seven or more residents in all residential zones with objective standards to promote approval certainty.

Council members pressed staff on what is discretionary and what is required by state law. One member asked what would happen if the city refused to comply; staff responded that noncompliance risks the builder's remedy (developers could submit projects under state rules with fewer local controls), loss of funding, and possible state enforcement. On the lot-consolidation fee waiver, staff said an applicant must provide documentation showing the fee is a material barrier before a waiver would be considered.

A council member also asked whether the 300-foot buffer applied to siting for low-barrier navigation centers was state-mandated; staff said that while the state requires cities to allow certain uses by-right in specified zones, the city attorney recommended a 300-foot buffer as a locally defensible protection consistent with compliance.

What's next: Staff recommended introduction of Ordinance 1309 to implement Municipal Code Text Amendment 23-03; the council did not record a final vote on the ordinance in the provided transcript excerpt and will consider the ordinance per the typical public hearing and adoption process.