San Dimas City Zoning Code
CHAPTER 18
142 DEVELOPMENT STANDARDS FOR SPECIFIC LAND USES
§ 18.142.010 Purpose.
The purpose of this chapter is to establish development standards and restrictions of certain land uses while striving to maintain the overall character of the underlying zone. It is intended to supplement the standards in the underlying zones where deemed necessary, and appropriate to ensure development compatibility with the area.
(Ord. 1309, 8/27/2024)
§ 18.142.020 Employee housing.
Purpose. This section establishes where employee housing uses, as defined in Chapter 18.08 Definitions as "Employee housing," are allowed, and what if any permit type is required in compliance with California Health and Safety Code Section 17021.5, subdivision (b):
A.
Employee housing with a permit from the statutory enforcement agency to serve six or fewer employees is considered a single-family residential structure.
B.
No use permit, site development permit, variance, or other zoning clearance is required for employee housing serving six or fewer employees unless the same is required for a family dwelling of the same type in the same zone. In zones or specific plan areas where residential uses are permitted only in part of the area, employee housing shall only be permitted where residential uses are allowed in said zone or specific plan.
(Ord. 1309, 8/27/2024; )
§ 18.142.030 Low barrier navigation centers.
B.
Low Barrier Navigation Center Defined. For purposes of this section, "low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1.
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2.
Pets.
3.
The storage of possessions.
4.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
C.
Where Allowed. Low barrier navigation centers shall be permitted in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if they meet the requirements of Government Code Section 65662 and this section. In zones or specific plan areas where mixed-use or multifamily uses are permitted only in part of the area, low barrier navigation centers shall only be permitted where mixed-use or multifamily uses are allowed in said zone or specific plan.
D.
Separation Requirements.
E.
Operational Standards.
1.
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3.
It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4.
It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5.
Management Plan. The application for a center shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures and protocols for communications with local law enforcement agencies and surrounding property owners.
6.
Low Barrier Best Practices. The center shall incorporate best practices to reduce barriers for clients. This may include, but is not limited to, the presence of partners (if it is not a population-specific site, such as for survivors of domestic violence), accommodate persons with a disability, presence of pets, storage areas for personal possessions and privacy screening around beds that are in a dormitory setting.
F.
Parking. On-site parking shall be provided at a rate of one parking space per employee in the largest shift.
(Ord. 1309, 8/27/2024; effective until 1/1/2027; )
§ 18.142.040 Single room occupancy.
A.
Purpose. This section provides standards for the location and operation of single-room occupancy housing uses, as defined in Chapter 18.08 Definitions, and specifies applicable requirements.
B.
Where Allowed. Single-room occupancy (SRO) facilities shall be allowed in all MF zones subject to approval of a conditional use permit by the planning commission.
D.
Development Standards.
1.
Unit Size. The minimum size of an SRO unit shall be one hundred fifty square feet and the maximum size shall be four hundred square feet which may include kitchen and/or bathroom facilities.
2.
Common Indoor/Outdoor Recreation Areas. A minimum of three hundred square feet of common indoor and/or outdoor recreation area must be provided per project for projects with ten units or less, and a minimum of three hundred square feet of common indoor and/or outdoor recreation area per project, plus fifteen square feet per unit for projects larger than ten units. Recreation areas include, but are not limited to: recreation rooms, rooftop terraces, courtyards, pools, sports courts, playgrounds with play equipment, picnic areas with barbeques, tables, and seats. Common areas can be divided into multiple usable areas. Shared kitchen and bathroom facilities shall not be considered as common areas.
3.
Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual units, each unit must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or a properly engineered cook top unit pursuant to Building Code requirements; at minimum a small refrigerator; and cabinets for storage.
4.
Bathroom Facilities. For each SRO unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of fifteen square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.
5.
Closet. Each unit must have a separate closet.
E.
Operational Standards.
1.
Rental Duration. The rental of any SRO unit must be for a period of thirty days or longer.
2.
An on-site, twenty-four-hour manager is required in every SRO project. In addition, a single manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of two hundred twenty-five square feet in size.
3.
Management Plan. A management plan must be submitted with the permit application for an SRO Housing for review by the Review Authority. At minimum, the management plan must include the following:
a.
Security/Safety. Proposed security and safety features such as lighting, security cameras, access, and natural surveillance through design that maximizes visibility of spaces;
b.
Management Policies. Management policies, including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;
c.
Rental Procedures. All rental procedures, including the monthly tenancy requirement;
d.
Staffing and Services. Information regarding all support services, such as job referral and social programs; and
e.
Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.
(Ord. 1309, 8/27/2024; )
§ 18.142.050 Transitional and supportive housing.
A.
Purpose. This section establishes where transitional and supportive housing uses, as defined in Chapter 18.08 Definitions as "Transitional housing" and "Supportive housing" are allowed.
B.
Transitional Housing. In accordance with Government Code Section 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions and requirements that apply to other residential dwellings of the same type in the same zone. In zones or specific plan areas where residential uses are permitted only in part of the area, transitional housing shall only be permitted where residential uses are allowed in said zones or specific plans.
C.
Supportive Housing.
1.
Generally. In accordance with Government Code Section 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions and requirements that apply to other residential dwellings of the same type in the same zone. In zones or specific plan areas where residential uses are permitted only in part of the area, supportive housing shall only be permitted where residential uses are allowed in said zones or specific plans.
2.
In Zones Allowing Multifamily. Supportive housing that complies with the requirements of California Government Code Section 65650 et seq. is considered a use by right in all zones where multifamily uses are permitted, including mixed- use zones. In accordance with Government Code Section 65651(b)(1), a supportive housing development must comply with all objective development standards, requirements and policies that apply to other multifamily developments within the same zone.
(Ord. 1309, 8/27/2024; )
§ 18.142.060 Home care facilities.
A. "Alcoholism or drug abuse recovery facility" "Community care facility" "Community care facility"1. 2. "Family day care home" "Home care facility" "Integral facilities" "Integral uses"
Definitions.
means any facility, place or building which provides twenty-four hour residential nonmedical services in a group setting to adults, which may include, but need not be limited to, mothers over eighteen years of age and their children, and emancipated minors, which may include, but need not be limited to, mother under eighteen years of age and their children, who are recovering from alcohol, drug, or drug and alcohol misuse and are currently capable of meeting their life-support needs independently, but who temporarily need guidance, counseling, or other alcohol or drug recovery services.
shall not include any alcoholism or drug abuse recovery facility, which is defined separately in this code.
means any facility, place or building which is maintained and operated to provide nonmedical residential care, day treatment or adult day care, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children, and includes:
"Residential facility" means any family home, group care facility or similar facility, for twenty-four hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
"Residential care facility for the elderly" means a housing arrangement chosen voluntarily by persons sixty years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care or health-related services are provided, based upon the person's varying needs, as determined in order to be admitted and to remain in the facility.
means a home which regularly provides care, protection and supervision of fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.
means a family day care home, community care facility or alcoholism/drug abuse recovery facility established within a residential dwelling.
means any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities; or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.
mean any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.
B.
Family Day Care Homes. The use of a single-family or multifamily residence as a family day care home shall be considered a residential use of property and shall be permitted in all residential zones and specific plans which allow residential uses.
C.
Community Care Facilities.
1.
The use of a single-family or multifamily residence as a community care facility serving six or fewer persons shall be considered a residential use of property and shall be permitted in all residential zones, including specific plans which allow residential uses.
2.
The use of a single-family or multifamily residence as a community care facility serving seven to ten persons ("large community care facility") shall be considered a residential use of property and shall be permitted in all residential zones, including specific plans which allow residential uses. No person shall open a community care facility or begin employment with a community care facility until the applicant complies with all the following requirements. The applicant shall be responsible for updating any of the submitted information to keep it current:
a.
The facility must be on a lot that is greater than twenty-five thousand square feet in size.
b.
If located within a single-family residence it shall comply with the following:
c.
If located in a multifamily development not more than one facility is allowed per development.
d.
An application for a large community care facility is submitted to the director of community development by the owner/operator of the facility. The application shall provide the following:
i.
The name, address, phone number and driver's license number of the owner/operator;
ii.
If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
iii.
The license and permit history of the applicant, including whether such applicant, in previously operating a similar use in this or another city, county, or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
iv.
The name, address, phone number and driver's license number of the house manager;
v.
A copy of the facility rules and regulations;
vi.
Written intake procedures;
vii.
The relapse policy;
viii.
Blank copies of all forms that all residents and potential residents are required to complete.
e.
The facility shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.
f.
The facility has a house manager who resides at the facility or any multiple of persons acting as a house manager who are present at the facility on a twenty-four-hour basis and who are responsible for the facility's day-to-day operation.
g.
All garage and driveway spaces associated with the facility shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident or the house manager.
h.
If the facility operator is not the property owner, written approval from the property owner to operate a large community care facility at the property.
i.
The property must be fully in compliance with all building codes, municipal code, and zoning.
j.
At least forty-eight hours prior to an occupant's eviction from or involuntary termination of residency in a facility, the operator thereof shall:
i.
Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the facility;
ii.
Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the facility;
iii.
Provided, however, that should the occupant decline transportation to their permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another facility that has agreed to accept the occupant.
k.
All drivers of vehicles picking up or dropping off persons at a facility shall comply with all applicable provisions of this code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
l.
Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations.
m.
Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.
n.
An applicant may seek relief from the strict application of this section by submitting a request to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 13-200.62.
3.
Large community care facilities that are in existence upon the effective date of this chapter shall have one year from the effective date of this chapter to comply with its provisions.
4.
Existing large community care facilities obligated by a written lease exceeding one year from the effective date of the ordinance codified in this chapter, or whose activity involves investment of money in leasehold or improvements such that a longer compliance period is necessary to prevent undue financial hardship, are eligible for up to one additional year subject to planning division approval, which approval shall not be unreasonably withheld.
5.
Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being hereby expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date.
D.
Alcoholism or Drug Abuse Recovery Facilities. The use of a single-family residence as an alcoholism or drug abuse recovery facility serving six or fewer persons shall be considered a residential use of property and shall be permitted in all single-family zones, including specific plans which allow for single-family uses.
E.
Licensing. All home care facilities shall comply with Title 5 of the municipal code regarding business licenses.
(Ord. 1309, 8/27/2024)
§ 18.142.080 Outdoor dining and seating areas.
The purpose of this section is to regulate and permit outdoor dining and seating areas on public and private property in nonresidential zones, including mixed-use zones. The standards for outdoor dining and seating areas are intended to provide additional opportunities for diners and enhance the pedestrian ambiance when provided on public right-of-way, while not impacting adjacent properties or surrounding neighborhoods. Outdoor dining and seating areas must be incidental to a permitted restaurant, cafe or other food service business as determined by the Director of Community Development or designee.
A.
Applicability. The provisions of this section shall apply to: (1) all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, or on private property; and (2) all existing outdoor dining and seating areas that are expanded. For purposes of this section, existing outdoor dining and seating areas mean those that were approved by the planning division, except those approved pursuant to the city's temporary COVID-19 policy, which do not qualify as existing. Notwithstanding the foregoing, this section shall not apply to outdoor dining and seating areas which are located at the rear of an establishment within the establishment's leasable area.
B.
Permitting and Review Process.
1.
Outdoor dining and seating areas on public property are subject to the following, along with any applicable fees and documents required by the application to be submitted.
a.
Encroachment Permit. No person shall establish any outdoor dining and seating area within a public right-of-way, without approval and issuance of an encroachment permit from the director of public works or designee.
b.
Planning Review. Outdoor dining shall not be established within a public right-of-way until an application has been reviewed and approved by the director of community development or designee. Adjoining business establishments will be notified if the application is approved.
c.
Outside Agency Review. Outdoor dining and seating areas which include permanent improvements may be subject to review and approval by outside agencies such as utility companies. The applicant seeking approval of the outdoor dining and seating area shall be responsible for submitting application and fees to such outside agencies.
2.
Outdoor dining and seating areas on any private property are subject to the following, along with any applicable fees and documents required by the application to be submitted.
a.
Planning Review. Outdoor dining shall not be established on any private property until an application has been reviewed and approved by the director of community development or designee. Adjoining business establishments will be notified if the application is approved.
3.
Plans Required. All applications for an outdoor dining and seating area, on private or public property, shall include plans satisfactory to the director of community development and for the public right-of-way, the director of public works. The site plan shall include, but not be limited to, the dimensions of the outdoor dining and seating area and relation to existing infrastructure, all improvements, number of tables and seats, fencing/barriers, heating equipment, lighting, and any utilities.
4.
All applications shall include authorization from the property owner or property owner's authorized agent.
C.
Development Standards.
1.
The following standards shall apply to all outdoor dining and seating areas located on any public or private property:
a.
The outdoor dining and seating area shall at all times maintain a minimum clearance of five feet for use of the sidewalk or pedestrian path by the general public.
b.
The outdoor dining and seating area shall not obstruct any entries, exits, permitted signs, mailboxes, utilities, public seating, public safety measures, or extend into the safe line-of-sight distances at intersections, as determined by the city engineer.
c.
Outdoor dining shall not inhibit vehicular or pedestrian circulation.
d.
The width of the outdoor dining and seating area shall not exceed the width of the frontage of the establishment. Units with multiple frontages, including stand-alone building pads may utilize two of their frontages for outdoor dining and seating areas, and shall be limited to the width of each of the frontages.
e.
The pedestrian path shall be measured from the dining area boundary to the back of curb and other obstructions (e.g. planters, utility boxes).
f.
No tables, chairs, umbrellas, shade structures, or other fixtures shall be permitted within the pedestrian path.
g.
Fencing/Barriers. City may require fencing or similar treatment to delineate the space and provide a safety barrier for patrons. If fencing or similar treatment is requested by the applicant, it shall comply with the following:
i.
Design may consist of planters, metal, wood, glass fencing or other material deemed appropriate by the director of community development. Glass improvements are not permitted in the public right-of-way.
ii.
Shall not exceed thirty-six inches in height. Glass or fully transparent enclosures of up to six feet may be permitted by the director of community development. Glass improvements are not permitted in the public right-of-way.
iii.
If planters are installed, the planter itself shall not exceed thirty-six inches, and the vegetation (live or artificial) height shall not exceed six feet measured from the lowest adjacent finish grade.
iv.
For restaurants serving alcohol, the barrier shall comply with the alcoholic beverage control requirements.
h.
Outdoor dining shall be separated from parking facilities by pedestrian walkways, landscaping, decorative fences, or other means approved by the director of community development.
i.
Awnings, covers, furniture, umbrellas, shade structures, or other physical elements shall be compatible with the character of the main structure and regularly maintained in good working order. Faded and ripped fabric and materials shall be replaced.
j.
Awnings, umbrellas, and similar covers must allow vertical clearance of seven feet above sidewalk level, and shall provide coverage of the dining area only and maintain a two foot horizontal clearance from pedestrian walkways.
k.
Umbrellas shall be free of any commercial advertisements with the exception of the name and/or logo of the restaurant.
l.
Shade structures, umbrellas and other decorative materials shall be fire-retardant, pressure-treated or manufactured of fire-resistant material.
m.
Shade structures, awnings and similar covers shall be permanently anchored per manufacturer's specifications and in compliance with the Building Code.
n.
Heating units may be permitted if they are an outdoor approved type, are located in accordance with the manufacturer's recommendations, and are located at least two feet from the edge of public walkways and from any umbrella canvas, any foliage, or any other flammable object or material. No heating units with open flames are permitted. Heating units in the right-of-way must be approved by the director of public works.
o.
Outdoor dining area shall incorporate lighting for evening dining which shall be compatible with the character of the main structure, shall be hardwired, and shall be installed to prevent glare onto, or direct illumination of, any residential property or use, or impact to the safety of the traveling public. Use of glass within the public right-of-way is not permitted.
p.
Any equipment associated with the outdoor dining area shall be hardwired and be an outdoor approved type. Equipment UL listing may be required at the discretion of the director of community development or director of public works.
q.
Furniture material shall be of a color and design, which is complimentary to the character of the main structure and shall consist of durable material such as wood or metal.
s.
The outdoor dining and seating area shall comply with all applicable Building, Fire and City codes.
t.
The director of community development or director of public works may place additional conditions upon the issuance of the permit to ensure the protection of the public walkway, the rights of all adjoining property owners, and the health, safety, and welfare of the public.
2.
Conversion of Existing Parking on Private Property. In addition to the standards in subsection (C)(1) of this section, the following standards shall also apply when converting existing private parking spaces:
a.
Up to five parking spaces may be converted without providing parking subject to compliance with Chapter 18.156 Vehicle Parking and Storage.
b.
Conversion of six or more additional parking spaces will require replacement parking in compliance with Chapter 18.156 Vehicle Parking and Storage.
c.
Required ADA parking spaces may not be converted into an outdoor dining and seating area.
d.
Parking spaces to be converted shall be limited to those located within the width of the frontage of the establishment. Units with multiple frontages, including stand-alone building pads may convert parking spaces along two adjacent frontages, subject to compliance with applicable parking requirements.
e.
The dining area floor shall be comprised of decking or other raised foundation that is ADA compliant and differentiates the dining area from the surrounding parking lot.
f.
Establishments that have existing outdoor dining areas that provide for up to 20 seats, shall not be allowed to convert parking into an outdoor dining and seating area.
3.
Communal/Shared Outdoor Dining and Seating Areas. Commercial centers with two or more restaurants, cafes or other food service businesses may provide shared outdoor dining and seating areas. In addition to the standards in subsection (C)(1) of this section, the following standards shall also apply to shared outdoor dining and seating areas:
a.
Up to fifty percent of the establishments' combined dining floor area, including any bar area, may be provided as shared outdoor dining and seating areas without providing additional parking subject to compliance with Chapter 18.156 Vehicle Parking and Storage.
b.
Shared outdoor dining and seating areas that exceed fifty percent of the establishments' combined dining floor area, including any bar area, will require replacement parking in compliance with Chapter 18.156 Vehicle Parking and Storage.
c.
Properties with existing circulation and parking impacts may require a parking study to the satisfaction of the director of community development.
d.
Required ADA parking spaces may not be converted into an outdoor dining and seating area.
e.
When parking spaces are converted, the dining area floor shall be comprised of decking or other raised foundation that is ADA compliant and differentiates the dining area from the surrounding parking lot.
f.
Establishments providing a shared outdoor dining and seating area shall be located no more than 100 feet from the shared dining and seating area.
g.
More than one shared outdoor dining and seating area may be provided within a commercial center subject to compliance with the requirements of this section.
D.
Operational Standards.
1.
The business owner shall be responsible for maintaining all chairs, tables, fencing, paving, ground surfaces, landscaping and other improvements associated with outdoor dining in a safe, sound, and visually attractive condition.
2.
Tables shall be placed only in the locations shown on the approved site plan.
3.
Movable furniture must be secured or moved inside at closing time.
4.
Outdoor dining areas shall be operated in a manner that meets all requirements of the health department and all other applicable regulations such as noise, laws, city ordinances, or standards.
5.
Outdoor dining areas shall contain waste receptacles for use by patrons, unless table service is provided.
6.
Cleaning of the outdoor dining area is the responsibility of the associated restaurants and must comply with National Pollutant Discharge Elimination System standards.
7.
Alcoholic beverages may be served in an outdoor dining area, provided approvals are obtained from the city and the Department of Alcoholic Beverage Control (ABC).
8.
The size of a permitted outdoor dining area shall not be increased or the arrangement substantially altered, unless the Director of Community Development has reviewed and approved a new application under this Section.
9.
The hours of operation for outdoor dining and seating areas shall be limited to the hours of operation for the associated establishment, however, the director of community development may restrict the hours of the outdoor dining and seating area due to noise and safety concerns.
E.
Post Permit Approval Procedures.
1.
Temporary Suspension. Any permit for a dining or seating area, whether located on public or private property may be temporarily suspended, pursuant to written notice, when, in the discretion of the director of community development or director of public works, such use may interfere with the rights, health, welfare, or safety of the neighboring property owners and the others using the area.
2.
Expiration. If the outdoor dining and seating area, whether located on public or private property, is discontinued, unused or abandoned for a period of one year, the permit shall automatically become null and void. A new application pursuant to the requirements of this section shall be required for any outdoor dining and seating area that has been, in part or whole, expired, revoked, or terminated.
3.
Revocation.
a.
Outdoor dining and seating areas on public property. The use of a public sidewalk or any other public right-of-way under this section is on a temporary and nonpermanent basis. Any outdoor dining and seating area in the public right-of-way may be revoked by the director of public works if it is determined that any portion of the approved encroachment permit has been violated.
b.
Outdoor dining and seating areas on private property. Any outdoor dining and seating area approved pursuant to this section may be revoked by the director of community development after at least five days' written notice to the permittee if it is determined that any portion of this section has been violated. Pursuant to the written notice, the permittee shall have the opportunity to remedy the violation to the satisfaction of the director of community development.
4.
Appeal. Any decision made pursuant to this section is final, unless appealed to the planning commission within fourteen days after the date the decision is made. Any appeal shall be submitted on forms provided by the city along with application fees pursuant to the adopted fee resolution schedule. Any appeal of the planning commission's decision shall be governed by the provisions of Chapter 18.212.
(Ord. 1316, 10/22/2024; )
§ 18.142.090 Objective design standards for multifamily residential and mixed-use development projects.
A.
Purpose. The purpose of the multifamily residential and mixed-use objective design standards is to provide the public, design professionals, and decision makers with clear and objective standards for the development of high-quality multifamily housing and mixed-use projects in the city. In addition, these standards aim to comply with requirements under the Housing Accountability Act, including SB 35 and SB 330, by providing objective criteria for qualified streamlined development projects. Per SB 35 and SB 330, an objective design standard means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.
The city's multifamily residential and mixed-use objective design standards shall be referenced by title and be available for viewing on the city's community development webpage and upon request at the at city's planning division.
B.
Applicability. These standards shall apply to the following:
1.
New multifamily residential developments located in all zones that allow multifamily developments, unless the property is located in the Downtown Specific Plan zone, in which case those design standards will apply.
2.
New mixed-use developments located in any zone that allows mixed-use developments, unless the property is located in the Downtown Specific Plan zone, in which case those design standards will apply.
3.
Additions to existing multifamily residential and mixed-use developments which increase the existing floor area by more than twenty percent, unless the property is located in the Downtown Specific Plan zone, in which case those design standards will apply.
4.
New multifamily residential and mixed-use developments eligible for streamlined, and if applicable ministerial processing under the Housing Accountability Act, including SB 35 and SB 330 projects, which include two or more residential units or mixed-use projects with at least two-thirds of the square footage of the development designated for residential use and are subject to certain conditions which may include affordability requirements. In addition, these standards shall apply to all projects eligible for streamlined review, unless the property is located within the Downtown Specific Plan zone, in which case those objective standards shall apply.
5.
In addition to the objective design standards, all projects must also comply with applicable development standards in the San Dimas Municipal Code and where applicable, subject to the City's design review process.
C.
Conflicting Standards. In the event where a conflict occurs between these objective design standards and those in the Municipal Code or any other applicable standard, the more restrictive standard shall apply.
D.
Amendments. Amendments to the objective design standards shall be subject to procedures set forth in Chapter 18.208 of the San Dimas Municipal Code. Amendments for the sole purpose of clarification and which do not add, delete or modify the intent of the objective design standards may be completed with the approval of the director of community development or designee, and not subject to Chapter 18.208, at the discretion of the director.