A. Purpose
and Intent. The purpose of this section is to establish the requirements
and processing procedures for a development plan. The development
plan process provides a mechanism by which all new construction or
remodeling of industrial, commercial or multiple-family residential
development can be reviewed for consistency with the general plan,
and the design standards and performance standards of this development
code.
A development plan is intended to promote compatibility in planning
and building design throughout the community and to provide a method
of encouraging and implementing developments with a high level of
design quality.
B. When
Required.
1. When
no other discretionary permit is required, a development plan shall
be required for all residential development (excluding individual
single-family homes as provided below) and for all commercial or industrial
developments.
2. Development
of an individual residential project (i.e., custom home or speculative
house) is exempt from the development plan process. Residential development
projects (merchant built subdivisions) for which a tentative tract
or parcel map is or was required, are not exempt from submitting a
development plan.
3. When
several permits or multiple applications are required for the same
project, a combined hearing and review process may be permitted. However,
separate applications shall be filed for each action requested.
4. A development plan may be required for conditional use permits and for variances where new development is consistent with subsection
(B)(3) of this section.
C. Application Requirements. Applications for all development plans shall be completed in accordance with Section
17.03.030 of this development code.
D. Hearing
Procedures for Approval of a Development Plan.
1. Approval
by the Director of Planning. When a proposed project is less than
ten thousand square feet of new building area or is the review of
single-family tract homes, and requires a negative declaration, EIR,
or other action under CEQA, the director of planning shall have the
authority to approve, approve conditionally, or deny the project.
The director of planning will conduct a noticed public hearing prior
to making a determination on the application.
All decisions of the director of planning are subject to appeal to the planning commission pursuant to Chapter
17.03. For projects that may have special community impacts or other unique circumstances, the director of planning may refer the application to the planning commission for consideration.
2. Approval by the Planning Commission. Projects that are ten thousand square feet or greater of new building area shall be reviewed by the planning commission at a noticed public hearing. The planning commission shall have the authority to approve, conditionally approve or deny the project. Decisions of the planning commission are subject to appeal to the city council pursuant to Chapter
17.03.
E. Notice of Decision. Notice of decision upon an application for a development plan shall be in accordance with Section
17.03.040(E) of this development code.
F. Findings.
The planning commission or director of planning shall approve, or
conditionally approve a development plan application in whole or in
part, only if all of the following findings are made:
1. The
proposed use is in conformance with the general plan for Temecula
and with all applicable requirements of state law and other ordinances
of the city.
2. The
overall development of the land is designed for the protection of
the public health, safety, and general welfare.
G. Expiration
of Development Plans. Within three years of development plan approval,
commencement of construction shall have occurred or the approval shall
become null and void.
H. Time
Extensions. The director of community development may, upon an application
being filed prior to the expiration, grant a time extension of one
year (up to five extensions may be granted). Upon granting the extension,
the director of community development shall ensure that the development
plan complies with all development code provisions.
1. For
any time extension that administratively extends an approval that
was originally approved at a public hearing, notice of the director
of community development's decision to administratively approve a
time extension shall be posted at the site and mailed at least ten
days prior to its approval to the applicant and its representative
(as shown on the application); to the property owner (as shown on
the latest available equalized assessment roll of the county of Riverside)
or the owner's agent; to all persons whose names and addresses appear
on the latest available assessment roll of the county of Riverside
as owners of property within a distance of six hundred feet from the
exterior boundaries of the site for which the application is filed
(a minimum of thirty property owners); to anyone filing a written
request for notification; and to such other persons whose property
might, in the director of community development's judgment, be affected
by the establishment of the use or zone requested. Notice shall also
be sent to public departments, bureaus, or agencies which are determined
by the director of community development to be affected by the application.
2. For
matters that are considered to have special significance or impact,
the director of community development may refer such items to the
planning commission for consideration at a noticed public hearing.
3. A
request for an extension of time beyond the fifth approval of an extension
of time may be granted by the city council at a public hearing.
4. A
modification made to an approved development plan does not affect
the original approval date of a development plan.
5. Any
development plan which was approved in conjunction with a tentative
subdivision map shall expire no sooner than the approved tentative
map or any extension of time approved for the tentative map, whichever
occurs later.
I. Revocation. Approval of a development plan may be revoked or modified by the approving body in accordance with Section
17.03.080.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(T) and (U); Ord. 01-14 § 2; Ord.
06-06 § 6(C); Ord. 10-07 § 30; Ord. 15-12 § 4)
A. Purpose
and Intent. The purpose of this section is to provide for the administrative
approval of projects which, because of their limited size and scope,
have minor aesthetic, land use or traffic implications and do not
create significant impacts on public utilities or services. The administrative
review process is intended to assure that such limited projects comply
with all applicable city standards and ordinances, yet provide a streamlined
review procedure.
B. When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, accessory dwelling units, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter
17.05.
C. Application Requirements. Applications for administrative approval of development plan shall be completed in accordance with Section
17.03.030 of this development code.
D. Authority.
The director of planning shall have the authority to act upon applications
for administrative review in accordance with the provisions of this
section.
E. Hearings
and Notice. Within thirty days after accepting a completed application
the director of planning shall make a decision to approve, conditionally
approve, or deny the request.
F. Findings.
The director of planning shall consider applications for administrative
approval and may, with such conditions as are found necessary, approve
the project.
In making such determination, the director of planning shall
find the proposed use in general accord with the following findings:
1. That
the proposed project is consistent with the objectives and applicable
provisions of the development code, and the purpose of the zoning
district in which the site is located.
2. That
the proposed project is consistent with the general plan.
3. That
the proposed project together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare,
or materially injurious to properties or improvements in the vicinity.
G. Expiration
of Administrative Approval. Within three years of administrative approval,
commencement of construction shall have occurred or the approval shall
become null and void.
H. Time
Extension. The director of community development may, upon an application
being filed prior to expiration and for good cause, grant a time extension
of up to five one-year extensions of time. Each extension of time
shall be granted in one-year increments only. Upon granting of an
extension, the director of community development shall ensure that
conditions of the administrative approval comply with all current
development code provisions.
1. For
any time extension that administratively extends an approval that
was originally approved at a public hearing, notice of the director
of community development's decision to administratively approve a
time extension shall be posted at the site and mailed at least ten
days prior to its approval to the applicant and its representative
(as shown on the application); to the property owner (as shown on
the latest available equalized assessment roll of the county of Riverside)
or the owner's agent; to all persons whose names and addresses appear
on the latest available assessment roll of the county of Riverside
as owners of property within a distance of six hundred feet from the
exterior boundaries of the site for which the application is filed
(a minimum of thirty property owners); to anyone filing a written
request for notification; and to such other persons whose property
might, in the director of community development's judgment, be affected
by the establishment of the use or zone requested. Notice shall also
be sent to public departments, bureaus, or agencies which are determined
by the director of community development to be affected by the application.
2. A
request for an extension of time beyond the fifth approval of an extension
of time may be granted by the city council at a public hearing.
3. A
modification made to an approved development plan does not affect
the original approval date of a development plan.
4. Any
development plan which was approved in conjunction with a tentative
subdivision map shall expire no sooner than the approved tentative
map or any extension of time approved for the tentative map, whichever
occurs later.
I. Revocation. Administrative approval for a development plan may be revoked or modified by the director in accordance with Section
17.03.080.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(V)—(X); Ord. 03-06 § 2; Ord.
08-08 § 22; Ord. 10-07 § 29; Ord. 15-12 § 5; Or. 20-08 § 9)
A. Purpose
and Intent. The purpose of this section is to establish the requirements
and procedures to allow for the modification of an unexpired or vested
development plan or conditional use permit. For the purposes of this
section, the following changes are not eligible for consideration
as an administrative modification: a change in the type of building
(commercial, office, industrial), a substantial intensification of
the project or type of use, or substantial changes to the project
layout or access. Proposed project changes that are not eligible for
a modification under this section will require resubmittal of a new
application.
B. Types
of Modifications. Modifications to approved development plans are
divided into two categories: major and minor. If a proposed modification
includes both major and minor modifications, the application shall
be considered a major modification. The final decision as to whether
a modification is major or minor shall be at the sole discretion of
the planning director.
1. Major
modifications to approved development plans include the following
types of project changes:
a. Increasing the height of the building by more than ten feet or one-story;
b. An increase of more than ten percent of the building footprint and/or
floor area;
c. A substantial change in the architecture of the building or substantial
changes to the exterior elevations, including, but not limited to,
the locations of windows or doors;
d. A modification in the approved access to the project site;
e. The shift of building location that effects the layout and location
of the required parking, site access, or substantially changes the
conceptual landscape plan;
f. A change in the number of primary structures;
g. Changes to a conditional use permit that requires the physical modification
of the site.
2. Minor
modifications to approved development plans include the following
types of project changes:
a. An increase of less than ten percent of the building footprint and/or
floor area;
b. A change in the layout of the parking or loading area;
c. The relocation of windows or doors on one or two wall surfaces;
d. An adjustment in the location of buildings provided the general location
of each building is similar to the approved development plan;
e. Changes to a conditional use permit that does not require the physical
modification of the site.
3. Modifications
to approved development plans that are subject to the administrative
development plan process include the following:
a. Changes to the approved landscaping plant palette;
b. Changes in exterior colors or materials.
C. Application Requirements. Applications for modifying development plans shall be completed in accordance with Section
17.03.030 of this development code.
D. Procedure
for Approval. Minor modifications may be approved administratively
and never require a specific notice or consideration at a public hearing.
The approval of major modifications requires consideration by the
original approval body. Major modifications which were approved at
a director hearing may be approved administratively by the director
of community development, providing the revised project could have
been approved initially by the director of community development.
The director of community development may refer any modifications
or changes in building design to the planning commission for consideration.
Construction plans that do not adhere to the exact details of an approved development plan shall not be administratively approved without filing an application for a major or minor modification, whichever is applicable. However, if the director of community development determines that changes to an approved development plan are insignificant and they are not specifically cited in subsections
(B)(2) and
(B)(3) of this section, then an application for a minor modification may not be necessary.
E. Findings.
Approving modifications to an approved development plan shall require
the same findings as were made on the original approval.
F. Expiration
of Approval of a Modification to a Development Plan. Within three
years of approval of a modification to a development plan, commencement
of construction shall have occurred or the approval shall become null
and void.
G. Time
Extension. The director of community development may, upon an application
being filed prior to expiration and for good cause, grant a time extension
of up to five one-year extensions of time. Each extension of time
shall be granted in one-year increments only. Upon granting of an
extension, the director of community development shall ensure that
conditions of the approval comply with all current development code
provisions.
1. For
any time extension that extends an approval that was originally approved
at a public hearing, notice of the director of community development's
decision to administratively approve a time extension shall be posted
at the site and mailed at least ten days prior to its approval to
the applicant and its representative (as shown on the application);
to the property owner (as shown on the latest available equalized
assessment roll of the county of Riverside) or the owner's agent;
to all persons whose names and addresses appear on the latest available
assessment roll of the county of Riverside as owners of property within
a distance of six hundred feet from the exterior boundaries of the
site for which the application is filed (a minimum of thirty property
owners); to anyone filing a written request for notification; and
to such other persons whose property might, in the director of community
development's judgment, be affected by the establishment of the use
or zone requested. Notice shall also be sent to public departments,
bureaus, or agencies which are determined by the director of community
development to be affected by the application.
2. A
request for an extension of time beyond the fifth approval of an extension
of time may be granted by the city council at a public hearing.
3. A
modification made to an approved development plan does not affect
the original approval date of a development plan.
H. Revocations. Development plans may be revoked following the procedures set forth is Section
17.03.085.
(Ord. 03-04 § 1; Ord. 06-06 § 6(D; Ord. 19-02 § 12; Ord. 20-08 §§ 10, 11)