Note: Prior ordinance history: Ords. 99, 199 and 287.
The purpose of this chapter is to permit the city to review
proposed development projects to ensure compliance with the general
plan goals, policies and objectives favoring high-quality development
which is both internally balanced and harmonious and is complimentary
to adjacent properties. The city recognizes that architectural design
and treatment of buildings and structures, integrity of design, orientation
and configuration of buildings and structures upon a site, compatibility
of development with adjacent development, traffic circulation and
parking, and landscaping and open areas are all factors which should
be addressed with respect to development of any property so as to
create attractive, desirable and healthy neighborhoods for work and
residence. The city's objective is to encourage and to promote development
which is not only functional and attractive, but is also functionally
and aesthetically compatible with surrounding development and enhancing
to the area in which it is located. In furtherance of this purpose,
this chapter provides for detailed site plan review of development
proposals to ensure compliance with the zoning ordinance and other
regulations of the city by creating a development plan review board
to review such proposals and impose such conditions as the board deems
necessary to carry out the purposes of this chapter. Where the proposed
development plan creates adverse effects on surrounding properties,
or environmental impacts are found to so require, the director of
development services or the development plan review board, as the
case may be, may establish more stringent regulations than those otherwise
specified.
(Ord. 37 § 795.0, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980; Ord.
909 § 1, 1989; Ord. 1170 § 1, 2007)
A.
Creation.
There is created a development plan review board consisting of the
president of the Chamber of Commerce; a member of the city council;
a member of the planning commission; the director of public works;
the city manager; the director of development services; or their designated
representatives; and, an appointed member of the general public at
large with a designated alternate. In the event that the board attendance
is not sufficient to reach a quorum, the director of community development
shall appoint a temporary board member(s). The term "DPRB," when used
in this chapter, refers to the development plan review board. The
DPRB shall carry out the duties prescribed in this chapter.
B.
Meetings.
The DPRB shall meet regularly in open meeting at a time to be determined
by the development plan review board.
C.
Rules
of Procedure. The DPRB may adopt such procedural rules as are necessary
for the conduct of its business.
(Ord. 37 § 795.2, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 342 § 1, 1971; Ord.
484 § 1, 1975; Ord. 703 § 1, 1980; Ord. 737 § 1,
1981; Ord. 897 § 1, (B),
1989; Ord. 1005 § 1 (Exh.
A, § 1), 1993; Ord. 1170 § 1, 2007)
A.
Building
Review. No person shall construct any building or structure, or relocate,
rebuild, alter, enlarge or modify any existing building or structure,
until a development plan has been reviewed and approved in accordance
with this chapter, and no building permit, relocation permit or business
license shall be issued until the requirements of this chapter are
met.
(Ord. 37 § 795.4, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 480 § 1, 1974; Ord.
703 § 1, 1980; Ord. 897 § 1, (D), 1989; Ord. 1005 § 1 (Exh. A, § 2), 1993; Ord. 1170 § 1, 2007)
Application for a development plan review shall be filed by
the owner of the property for which the permit is sought, or by the
authorized representative of the owner; provided, however, that the
city council, upon written request of the owners or authorized representatives
of the owners of the majority of the property in an area for which
a development is being proposed, may authorize the filing of an application
without the approval of all of the property owners or their authorized
representatives if the city council determines that to do so is in
the best interest of the city.
A.
The
applicant shall submit to the planning division a completed development
plan review application with materials and plans as required in the
development plan review application package.
B.
Fees.
No application shall be processed in accordance with this chapter
unless the applicant pays such fees as shall from time to time be
fixed by resolution of the city council as being necessary to defray
the costs of the city incidental to processing the application.
C.
Contents.
The development plan shall be the building plans and shall include,
but not be limited to, the following:
1.
Parcel
or lot dimensions;
2.
Walls
and fences: location, height, materials and colors;
3.
Off-street
parking and loading: location, number of spaces, dimensions of parking
area and loading facilities, internal circulation pattern;
4.
Access
and circulation: pedestrian, vehicular, service; points of ingress
and egress, internal circulation;
5.
Buildings
and structures: location, floor plans, elevations, size, height, proposed
use; type and pitch of roofs; size and spacing of windows, doors and
other openings; materials, colors and architectural treatment;
6.
Spaces
between buildings: location, size and dimension; yards and setbacks;
7.
Open
spaces, recreation areas or greenbelts; location, size and facilities;
8.
Public
improvements; street dedications and improvements; public utilities
installations including poles, transformers, vaults and meters; design
and location;
9.
Signs:
location, size, color, design and materials;
10.
Lighting: location and general nature; hooding devices;
11.
Drainage pattern and structures;
12.
Towers, chimneys, roof structures, flagpoles, radio and television
masts, all mechanical equipment external to main or accessory structures;
location, design, size, height, materials, colors and architectural
treatment;
13.
Alternative energy systems;
14.
Such other data as the development services department staff or DPRB
may require to make necessary findings.
(Ord. 37 § 795.6, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980; Ord.
750 § 4, 1981; Ord. 897 § 1 (E), 1989; Ord. 1117 § 2, 2001; Ord. 1170 § 1, 2007)
Following denial of a development plan review case, no similar
or substantially similar application for development plan review on
the same property, or portion thereof, shall be filed for one year
from the date that the denial becomes final; unless the denial was
made without prejudice.
(Ord. 1144 § 3, 2004; Ord. 1170 § 1, 2007)
A.
Informal
Review. Applicants may, at their option, submit preliminary drawings
to the planning division for informal review and comment prior to
the preparation of working drawings.
B.
Development Plans—Exempt. The following development is exempt from development plan review and approval as shown below in the first column of Table 18.12.050. These developments shall conform to all applicable provisions of the San Dimas Municipal Code and this chapter. For development plans specified in this subsection, the director of development services may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of development services may, upon a determination that the development could be incompatible with or have an adverse effect on existing and surrounding property, require that the development plan be reviewed pursuant to subsection C or D, as deemed appropriate, of this section.
C.
Development Plans—Review by Director of Development Services. The director of development services may approve, conditionally approve, or disapprove those development plan applications, subject to the criteria set forth in Section 18.12.060, as shown below in the second column of Table 18.12.050. The director of development services may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of development services may, upon a determination that the development could be incompatible with or have an adverse effect on existing and surrounding property, require that the development plan be reviewed pursuant to subsection D of this section.
D.
Development Plan—Review by Development Plan Review Board. The development plan review board may approve, conditionally approve, or disapprove those development plan applications, subject to criteria set forth in Section 18.12.060, as shown below in the third column of Table 18.12.050.
E.
Development Plan—Review by City Council. Where the applicant is a city council member or commissioner for the city of San Dimas, a member of the development plan review board, or any designated employee of the city of San Dimas required to file a statement of economic interests, the DPRB shall forward their recommendation to the city council. The city council may approve, conditionally approved, or disapprove development plan applications, subject to criteria set forth in Section 18.12.060.
|
Table 18.12.050
| ||
|---|---|---|
|
Development Plan Review Authority
| ||
|
Exemptions
|
Director of Development Services
|
Development Plan Review Board (DPRB)
|
|
Single-family residential additions or structural modifications
where addition is 1-story in height and where designed to match existing
building exterior
|
Single-family residential additions or structural modifications
where addition is greater than 1-story in height; provided neighbors
are notified
|
New single-family residences; new multiple-family residences,
office, commercial, institutional, public, industrial and other nonresidential
buildings
|
|
Accessory dwelling units and/or junior accessory dwelling units
| ||
|
Ground-mounted mechanical equipment where screened from view
of adjoining properties and public streets
|
Roof-mounted mechanical equipment
| |
|
Patios, gazebos, decks and similar accessory residential structures
without cantilever design or retaining wall support and not visible
from public rights-of-way
|
Patios, gazebos, decks and similar accessory residential structures
with cantilever design or retaining wall support
| |
|
Swimming pools and spas without retaining walls or with not
more than 50 cubic yards of grading(excluding pool excavation)
|
Swimming pools and spas with retaining walls or with more than
50 cubic yards of grading (excluding pool excavation)
| |
|
Second-story decks and balconies less than 200 square feet,
which are not on street-facing side of home and which are not located
in a zero lot line or attached residential project; provided that
neighbors are notified
|
Second-story decks and balconies greater than 200 square feet,
which are not on street-facing side of home and which are not located
in a zero lot line or attached residential project; provided that
neighbors are notified
| |
|
Signs complying with approved sign program
|
Sign programs
| |
|
Wall signs and on-site directional signs
| ||
|
Temporary signs and banners
| ||
|
Sign face changes
| ||
|
Minor additions and structural modifications to multiple-family
residential and nonresidential uses and structures, for which there
is no increase in intensity of use or additional parking required.
Examples: interior remodels, trash enclosures and similar facilities
|
Additions and structural modifications to multiple-family residential
and nonresidential uses and structures, which increase intensity of
use or additional parking required. Examples: exterior remodeling,
exterior color and material changes and similar modifications
|
Additions or structural modifications to an historic structure
|
|
Demolition of nonhistoric buildings
|
Demolition of historic buildings
| |
|
Grading and reforming of land of not more than 50 cubic yards
or other minor grading in isolated, self-contained areas not intended
to support structures
|
Grading and reforming of land greater than 50 cubic yards and
which is not in anticipation of a development plan requiring DPRB
review
|
Grading associated with a development plan requiring DPRB review
|
|
Fencing and landscape plans complying with an approved community
fencing or landscape plan
|
Community fencing or landscape plans
| |
|
Satellite dishes which are less than 24 inches in diameter and
not visible from public rights-of-way
|
Satellite dishes 24 inches or greater in diameter or visible
from public rights-of-way, flag poles, communication towers and other
similar accessory facilities
| |
|
Other development of similar scale or impact, as determined by the director of development services; provided, that no development explicitly subject to review under subsection D of this section shall be reviewed pursuant to this subsection.
| ||
(Ord. 37 § 795.8, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980; Ord.
897 § 1 (F)—(H), 1989; Ord. 1005 § 1 (Exh. A, § 3), 1993; Ord. 1170 § 1, 2007; Ord. 1281 Exh. A, 2020)
A.
Consideration
and Review of Development Plan. In reviewing any development plan
presented pursuant to the provisions of this chapter, the planning
manager, director of development services or the DPRB, as the case
may be, shall consider the following:
1.
New
development or alteration or enlargement of existing development should
be compatible with the character and quality of surrounding development
and shall enhance the appearance of the area in which development
is located.
2.
The
location, configuration, size and design of the buildings and structures
should be visually harmonious with their sites and with the surrounding
sites, buildings and structures.
3.
Architectural
treatment of buildings and structures and their materials and colors
shall be visually harmonious with the natural environment, existing
buildings and structures, and surrounding development, and shall enhance
the appearance of the area.
4.
Architecture,
landscaping and signage shall be innovative in design and shall be
considered in the total graphic design to be harmonious and attractive.
Review shall include: materials, textures, colors, illumination and
landscaping; the design, location and size of signs attached to buildings;
and the design, location and size of any freestanding sign.
5.
The
location and configuration of buildings should minimize interference
with the privacy and views of occupants of surrounding buildings.
6.
The
height and bulk of proposed buildings and structures on the site should
be in scale with the height and bulk of buildings and structures on
surrounding sites, and should not visually dominate their sites or
call undue attention to themselves.
7.
Garish,
inharmonious, or out-of-character colors should not be used on any
building, face or roof visible from the street or from an adjoining
site. Exposed metal flashing or trim should be anodized or painted
to blend with the exterior colors of the building.
8.
The
development of the site should protect the site and surrounding properties
from noise, vibration, odor and other factors which may have an adverse
effect on the environment.
9.
All
mechanical equipment on the site shall be appropriately screened from
view. Large vent stacks and similar features should be avoided, and
if essential shall be screened from view or painted so as to be nonreflective
and compatible with building colors.
10.
Deep eaves, overhangs, canopies and other architectural features
that provide shelter and shade should be encouraged.
11.
Rooflines on a building or structure should be compatible throughout
the building or structure and with existing buildings and structures
and surrounding development.
12.
Proposed lighting should be so located so as to avoid glare and to
reflect the light away from adjoining property and rights-of-way.
13.
The design of accessory structures, fences and walls should be harmonious
with the principal building and other buildings on the site. Insofar
as possible, the same building materials should be used on all structures
on a site.
14.
Design and location of proposed signs should be consistent with the
provisions of this title and with characteristics of the area in which
the site is located. Signs should be restrained and design should
be in keeping with the use to which they are related. Sign material
should be compatible with the materials and colors used on the exterior
of the structure to which the sign is related and should be complementary
to the appearance of the building.
15.
The design of the buildings, driveways, loading facilities, parking
areas, signs, landscaping, lighting, solar facilities and other sight
features should show proper consideration for both the functional
aspects of the site, such as the automobile, pedestrian and bicycle
circulation, and the visual effect of the development upon other properties
from the view of the public street.
16.
Off-street parking and loading facilities should function efficiently
with minimum obstruction of traffic on surrounding streets.
17.
All utility facilities shall be underground.
18.
Adequate provisions should be made for fire safety.
19.
Drainage should be provided so as to avoid flow onto adjacent properties.
20.
All buildings and structures shall be designed and oriented to promote passive thermal systems to the greatest extent possible, in accordance with Chapter 18.168. Alternative energy systems shall be provided when required by Chapter 18.168 and such systems shall meet all requirements of this chapter.
21.
All development standards for respective zoning shall be met.
B.
Findings.
In approving or conditionally approving a development plan pursuant
to the requirements of this chapter, the planning manager, director
of development services or the DPRB, as the case may be, shall find
that as modified by any imposed conditions:
1.
The
development of the site in accordance with the development plan is
suitable for the use or development intended;
2.
The
total development is so arranged as to avoid traffic congestion, ensure
the public health, safety and general welfare, prevent adverse effects
on neighboring property; and
3.
The
development is consistent with all elements of the general plan and
is in compliance with all applicable provisions of the zoning code
and other ordinances and regulations of the city.
|
Where such findings are not made, the development plan shall
be disapproved.
|
(Ord. 37 § 795.9, 1961; Ord. 703 § 1, 1980; Ord. 750 § 4, 1981; Ord. 897 § 1, 1989; Ord.
1005 § 1 (Exh. A, §§ 4, 5), 1993; Ord. 1170 § 1, 2007)
A.
Completeness. The director of development services shall review a development plan application pursuant to Section 18.12.040 to determine if the application is complete within thirty days after receiving the application. If determined incomplete, the applicant shall be advised in writing of all information needed to complete the application. A determination of completeness by the director of development services shall not prevent the DPRB from requesting supplemental information to facilitate its decision. The applicant must supply the requested plans and/or information within sixty days of the notice of incomplete filing. Upon receipt of the required items by the development services department, the information shall be reviewed for completeness and a determination of completion shall be made within thirty days.
B.
Incomplete
Applications.
1.
In
the event that information needed for the reasons shown below is not
provided by the applicant within the time limits specified by this
section, the city may deny a permit or entitlement for a development
project. Information whose absence would constitute a reason for such
a denial are:
a.
Information which is to be supplied by the applicant and is necessary
to prepare a legally adequate environmental document;
b.
Information necessary to prepare a supplemental environmental impact
report in compliance with the Public Resources Code, Section 21166;
or
c.
Information without which the city's decision to approve a project
would not be supported by substantial evidence.
2.
Denial
for the above reasons may be deemed by the city to be a denial without
prejudice to the applicant's right to reapply for the same permit.
C.
Notice.
Written notice shall be sent to the applicant prior to consideration
of the development plan application by the development plan review
board. Written notice shall be also sent to adjoining property owners
prior to consideration of any development plan application by the
DPRB.
D.
Decision.
The director of development services or the development plan review
board shall consider any application in a timely manner after it is
deemed complete. In approving a development plan, the director of
community development or the development plan review board shall be
empowered to impose conditions to ensure conformance to the general
plan, zoning code, specific plans, applicable regulations of the San
Dimas Municipal Code and the provisions of this chapter. The DPRB
may, from time to time, continue its consideration of any development
plan.
E.
Execution of Approved Plan. The decision of the director of development services or development plan review board, together with the findings and any conditions, shall be made in writing and shall be kept on file in the development services department. A copy of such decision shall be mailed to the applicant and to any person who has made written request for such notice. The decision shall be final fourteen days after mailing of the notice, unless the decision is appealed in accordance with subsection H of this section.
F.
Extension.
Upon receiving a written request prior to the expiration of any approval
time period, the director of development services may grant an extension
of the development plan approval for a period not exceeding one year;
providing, that it is found that there has been no subsequent change
in the findings, conditions of approval, and applicable regulations
governing the development plan approval.
G.
Expiration.
Construction of improvements permitted by any development plan shall
be commenced within one year of the date of approval; provided, that
this time limit may be increased or decreased, at the time of granting
the approval, in order to allow the time limit to be concurrent with
any other entitlement to construct set forth in this title.
H.
Appeals. Any decision, determination or action of the director of development services pursuant to this chapter may be appealed by any aggrieved party or person to the development plan review board; provided, that such appeal is filed within fourteen days after the issuance of the decision, determination or action by the director of development services. Any decision, determination or action by the development plan review board may be appealed by an aggrieved party or person to the city council provided that such appeal is filed within fourteen days after issuance of the decision, determination or action by the development plan review board. Except for the time period specified herein, appeals shall be governed by the provisions of Chapter 18.212.
(Ord. 37 § 795.10, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 561 § 1, 1977; Ord.
703 § 1, 1980; Ord. 897 § 1 (J), 1989; Ord. 1005 § 1 (Exh. A, § 6), 1993; Ord. 1170 § 1, 2007)
Before a building permit or relocation permit is issued for
any building or structure, the building department shall ensure that:
A.
The
proposed building is in conformity with the development and conditions
approved by the DPRB or director of development services, and the
applicant has signed a file copy of the approved development plan,
accepting the conditions thereon.
B.
All
required improvements have either been installed or cash or bond has
been deposited with the city to cover the cost of the improvements.
C.
All
of the required dedications have been given.
(Ord. 37 § 795.12, 1961; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980; Ord. 1170 § 1, 2007)
Changes normally occur in the local neighborhood due to increased
vehicular traffic generated by facilities requiring a development
plan; therefore, such developments are required to provide street
dedications and improvements on all rights-of-way abutting a lot or
parcel in which the development is to occur. The following dedications
and improvements are required as a condition to the approval of any
development plan:
A.
When
the development borders or is traversed by an existing street:
1.
Minor
Streets, Local Streets and Cul-de-Sacs, Including Frontage Roads or
New Roads of Any Class Made Necessary by the Development. Dedicate
all necessary rights-of-way to widen street to its ultimate width
as shown on any master or official plan of streets and highways; install
all required curbs, gutters, sewers, drainage, sidewalks, street trees,
street signs, street lights, required utilities; and grade and improve
with pavement from curb to existing pavement or centerline. All work
and improvements shall meet city standards.
2.
Major
Streets and State Highways. Set back all facilities required distances
from ultimate property line as shown on any master or official plan
of streets and highways; install all required curbs, gutters, sewers,
drainage, sidewalks, street trees, street signs, street lights, required
utilities; and grade and improve the roadway to centerline if necessary.
All work and improvements shall meet city standards.
B.
All
improvements shall meet city requirements and standards, and where
it is impractical to put in any required improvements at the time
of the proposed development, an agreement to make such improvements
may be accepted in lieu thereof and the money in an amount equal to
the estimated cost of the improvement deposited with the city, or
a performance bond posted with the city to guarantee the making of
such improvements, in which event the actual installation of such
improvements by the developer may be delayed until written demand
therefor is made by the city, but not to exceed six months from the
date the building permit is issued.
(Ord. 37 § 795.14, 1961; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980)
A.
Supplemental Size Required. There may be imposed as a condition of approval of any development plan, civic center permit, or precise plan for any property a requirement that public improvements (including water, sewer and similar public improvements) installed by the developer for the benefit of such property benefit other property by containing supplemental size, capacity or number, or otherwise providing a benefit for the other property, and that such improvements be dedicated to the public. If such condition is imposed, the city may enter into an agreement with the developer to reimburse the developer pursuant to subsection B of this section for that portion of the cost of such improvements equal to the difference between the actual cost of the improvements and the amount it would have cost the developer to install such improvements to serve only his or her property, as determined by the city engineer.
B.
Reimbursement Agreement Contents. Any reimbursement agreement required by subsection A of this section shall set forth a description of the properties benefited by the improvements other than that of the developer, the amount to be reimbursed, and a fair method of allocating such amount to such properties, and shall provide that the city shall impose upon such properties as a condition of approval of any subdivision, development plan, civic center or precise plan, an obligation to reimburse the developer who installed the improvements in amounts as specified in the agreement. Such agreement shall be effective for a period of ten years or until the developer has been reimbursed in the amount set forth in the agreement, whichever occurs first.
C.
Public
Hearing. Prior to approval of any reimbursement agreement, the city
council shall conduct a public hearing. Notice of the public hearing
shall be given to each owner of property described in the agreement
as benefited by the public improvement, as identified on the last
available assessment roll. At the public hearing the city council
shall determine the properties benefited by the improvements, the
amount to be reimbursed, and the method of allocating such amount
to such properties.
D.
City
Liability. Neither the provisions of this section nor the provisions
of the reimbursement agreement shall be deemed to impose any obligation
upon the city to reimburse any developer directly for any improvements
required as a condition of approval of a development plan, civic center
permit, or precise plan. Nothing in this section shall be construed
as requiring the city to enter into any agreement even though it may
have required the installation of public improvements as a condition
of approval.
(Ord. 37 § 795.11, 1961; Ord. 800 § 2, 1983; Ord. 1005 § 1 (Exh. A, § 7),
1993)
A.
The improvements required by Section 18.12.100 shall be required as a condition to the approved development plans involving additions to single-family residences unless one of the following apply:
1.
"Improvements," as defined by Section 18.12.100 have been constructed in front of properties constituting less than fifty percent of the front footage within the block in which the subject property is situated; or
2.
The
addition to the single-family residence is less than or equal to six
hundred square feet or not greater than fifty percent of the gross
floor area of the existing structure, whichever is more restrictive.
B.
"Block"
means property facing one side of any street between the next intersecting
street and an intersecting street. "Street" does not include an alley
or other right-of-way unless it is of the same width as a regular
residential minimum-width street approved as part of the city's master
plan of circulation or streets. In the case of an alley, "block" means
property facing both sides of an alley between the next intersecting
streets or alleys between the terminus of an alley and an intersecting
street. In the case of street lighting, "block" means property facing
the side of any street on which the improvement is to be constructed
between the next intersecting streets on the side to be improved or
between the terminus of a dedicated right-of-way of a street and a
street intersecting the side to be improved; or property facing the
side of any street on which the improvement is to be constructed between
the next intersecting streets on the side to be improved and a street
intersecting the side to be improved and the property facing the opposite
side of the street.
C.
Where
a block exceeds one thousand feet in length, a length of frontage
of one thousand feet constitutes a "block" as used in this chapter,
if so designated by the superintendent of streets. A determination
by the superintendent of streets of such a one-thousand-foot-block
establishes a "block" and cannot later be changed to include a portion
of the one-thousand-foot-block in another block.
(Ord. 37 § 795.15, 1961; Ord. 480 § 2, 1974; Ord. 897 § 1 (L), 1989)
No provision of this chapter shall give the review board or
planning commission authority to deny any use permitted by the zone
in which the property lies.
(Ord. 37 § 795.16, 1961; Ord. 292 § 1, 1970; Ord. 1170 § 1, 2007)
