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:
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.
(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)