The adoption of Specific Plan No. 10 by the city is authorized
by Title 7, Division 1, Chapter 3, Articles 8 and 9 of the California
Government Code, Sections 65450 and 65507. Under these provisions
the planning commission may, or shall if so directed by the council,
prepare specific plans based on the general plan and drafts of such
regulations, programs and legislation as may, in the judgment of the
planning commission, be required for the systematic execution of the
general plan. Such a specific plan may include all detailed regulations,
conditions, programs and proposed legislation which may be necessary
or convenient for the systematic implementation of such element of
the general plan.
(Ord. 774 § 1, 1982)
Specific Plan No. 10 applies to the 30+ acre area located south of the Route 33 freeway, north of Allen Avenue, between Walnut Avenue and San Dimas Canyon Road. The legal description for the property is
attached to this chapter as Exhibit B.
(Ord. 774 § 1, 1982)
A. Unless
otherwise specified, all development within Specific Plan No. 10 shall
comply with this code. Terms used in this chapter shall have the same
meaning as defined elsewhere in this code unless otherwise defined
in this chapter.
B. Any
details or issues not specifically covered by this specific plan shall
be subject to the regulations of this code.
C. The
approval of development within the specific plan area shall be governed
by Section 65450 et seq. of the state
Government Code.
D. All
construction within the boundaries of the specific plan shall comply
with all provisions of the Uniform Building Code and the various mechanical,
electrical and plumbing codes adopted by the city.
E. Minor
modifications to the specific plan which do not give rise to a conflict
with the intent of the specific plan as approved, may be approved
by the director of community planning at his discretion.
F. All
environmental documentation which has been adopted in conjunction
with approvals of Specific Plan No. 10, including revisions, is adopted
by reference.
G. The
area of each planning area is calculated in gross acres exclusive
of major perimeter roadways.
H. Any
land use designation not specifically covered by this specific plan,
shall not be permitted.
I. If
any regulation, condition, program or portion thereof of the specific
plan is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and invalidity of such provision
shall not affect the validity of the remaining portions hereof.
(Ord. 774 § 1, 1982; Ord. 869 §§ 1 (1, 2))
Unless the context otherwise requires or unless different definitions
are set forth in individual titles, chapters, or sections of this
code, the words or phrases defined in this specific plan shall have
the meaning and construction ascribed to them in this section. When
not inconsistent with the context, words in the singular shall include
the plural and words in the plural shall include the singular. The
word "shall" is mandatory and the word "may" is permissive. Words
and phrases not defined in this chapter shall be defined in the following
sources and in the following order: other chapters of this code, definitions
contained in the city adopted chapters of the Uniform Building Codes,
definitions contained in legislation of the state, Webster's Dictionary.
"Abut"
means contiguous to. For example, two adjoining lots with
common property lines are considered to be abutting.
"Accessory structure"
means a structure, including a patio cover located on the
same lot with a principal building serving an incidental and secondary
use to the main building or the use of the land. It shall not apply
to "second units."
"Accessory use"
means a use that is incidental and secondary to the principal
use of the main building or the use of the land and devoted exclusively
to the main use of the lot or building.
"Adjacent"
means the same as abutting; however, public rights-of-way
and major utility easements shall not be construed as separating "adjacent"
uses.
"Architectural feature"
means a part, portion or projection that contributes to the
beauty or elegance of a building or structure exclusive of signs that
is not necessary for the structural integrity of the building or structure
or to make the building or structure habitable.
Area, Gross.
"Gross area" means the total horizontal area within a lot
or parcel of land or within a designated portion of a lot or parcel
of land.
Area, Net.
"Net area" means that portion of a lot or parcel of land
exclusive of public rights-of-way, public easements, major utility
easements or other encumbrances which preclude the property owner
from having use of the entire surface of the land.
"Automobile parking"
means parking of operational and street-legal motor vehicles
on a temporary basis within an off-street parking area.
"Berm"
means a man-made mound(s) of earth eighteen inches in height
or higher used for decorative screening or buffering purposes.
"Buffer area"
means an area of land used to visibly separate one use from
another or to shield noise lights or other possible nuisances.
"Building"
means any structure built or maintained for the support,
shelter, or enclosure of persons, animals, chattels or property of
any kind. The word "building" as used in this title includes the word
"structure."
"Building height"
means the maximum vertical distance between the ground and
the uppermost part of the structure through any vertical section.
Building, Main.
"Main building" means a building within which is conducted
the principal permitted use on the lot, as provided by this title.
"City"
means the city of San Dimas.
"Common area"
means land in a development held in common and/or single
ownership and not reserved for the exclusive use or benefit of an
individual tenant or owner.
Density, Gross.
"Gross density" means the number of dwelling units within
the gross area of a project divided by the number of gross acres.
Density, Net.
"Net density" means the number of dwelling units within the
net area of a project divided by the number of net acres.
"Design review"
means the process of city review and approval of development
proposals pursuant to the provisions of this code.
"Director"
means the director of community planning for the city or
his designee.
Dwelling, Single-family Detached.
"Single-family detached dwelling" means a dwelling unit owned
in fee and located on an individual lot which is not attached to any
other dwelling unit by any means.
"Dwelling unit"
means a building designed exclusively for the occupancy of
one family for living and sleeping purposes and having a kitchen facility
for only one family.
"Erect"
means to build, construct, attach, hang, place, suspend,
or fix with regards to a structure.
"Exterior boundary"
means the perimeter of any lot or parcels of land or group
of lots or parcels to be developed as an integrated project.
"Facade"
means the exterior wall of a building.
"Family"
means one or more persons immediately related by blood, marriage
or adoption living together as a single housekeeping unit in a dwelling
unit together with any domestic employees. A group of not more than
six unrelated persons living together as a single housekeeping unit
with their domestic employees shall also be considered a family.
"Fence"
means any device forming a physical barrier between two areas
and constructed of chain link, louver, stake, masonry or lumber in
accordance with adopted city standards.
Floor area, Gross.
"Gross floor area" means the total horizontal area of a building
under roof in square feet, including to the outside of the exterior
walls of all floors.
Garage, Private.
"Private garage" means an enclosed building, or a portion
of a building, used primarily for automobile parking. Garages shall
not be for habitation.
"Homeowners association"
means a community association which is organized within a
development in which individual owners share common interests and
responsibilities for open space landscaping or facilities.
"Landscaping"
means the planting and maintenance of a combination of trees,
shrubs, vines, ground cover, flowers or lawns. In addition, the combination
of design which may include natural features such as rock and stone
and structural features, including but not limited to, water elements,
art works, decorative walks, decorative walls and benches.
"Lot"
means any numbered or lettered parcel shown on a recorded
tract map, a record of survey recorded pursuant to an approved division
of land or a parcel map.
"Lot area"
means the total area within property lines of a lot.
Lot, Corner.
"Corner lot" means a lot at the junction of two or more intersecting
streets with a boundary line thereof abutting on each of the streets.
Lot, Interior.
"Interior lot" means a lot other than a corner lot or reversed
corner lot.
"Net density"
means the average of dwelling units divided by the project
acreage exclusive of public streets and other public dedications.
"Net lot area"
means the total area within the property lines of a lot exclusive
of public streets or other public dedications of any easements which
preclude the property owner from having full use of the property for
the purpose(s) for which it is designated.
"Off-street parking space"
means a temporary storage area for a motor vehicle that is
not located on a dedicated right-of-way dedicated or private.
Open space, Common.
"Common open space" means any parcel or area of land or water
set aside, dedicated, designated or reserved for use and enjoyment
of all owners and occupants of a project. Usable common open space
shall constitute area(s) readily accessible, practical and generally
acceptable for active and/or passive recreation uses. In no case shall
common open space include required setback areas or contain structures
other than those intended for landscape or recreation purposes.
Open space, Private.
"Private open space" means a fenced or otherwise screened
area designated for a specific tenant or resident and which is devoid
of structures and improvements intended for landscape or recreational
purposes.
Open space, Public.
"Public open space" means open space maintained for the use
and enjoyment of the general public.
"Permitted use"
means any use allowed within zoning district regulations
and subject to the restrictions applicable to that zoning or land
use district.
"Pet"
means an animal clearly considered customary to a residential
use, e.g. dogs, cats, birds, and fish.
"Preliminary site plan"
means a preliminary plan developed to identify the location
and general relationship between land uses, improvements, structures,
circulation systems, landscaping and design elements and typically
submitted to the director of community planning for review and comment
prior to any required formal submittal to the planning commission
or city council.
"Recreational apparatus" or "recreational vehicle"
means any device which may be used for camping or recreational
purposes and which with the exception of vehicle and/or utility trailers,
is not currently registered for operation on public streets including,
but not limited to, camper units, shells, travel trailers, vehicle
trailers, utility trailers, boats, airplanes, gliders, off-highway
vehicles and other devices used for recreational purposes.
"Second unit"
means a subordinate dwelling unit with complete and independent
living facilities attached to or contained within a single-family
detached dwelling.
"Setback"
means the area between the building line and the nearest
property line.
"Story"
means that portion of the building between the upper surface
of any floor and the upper surface of the floor next above except
that if there is no floor above, then the space between such floor
and the ceiling or roof above.
"Street"
means a public or private vehicular thoroughfare or right-of-way
other than an alley which serves as a primary access to a property
or residential unit and which is wider than twenty-six feet in width,
curb to curb.
"Structure"
means any thing that is built or constructed and requires
a fixed location on the ground, including a building wall, cover,
or other edifice of any kind.
"Temporary structure"
means a structure which is permitted within a land use district
without any foundation or footing and which is removed when the designated
time period, activity or use for which the temporary structure was
erected has ceased.
"Temporary use"
means a use permitted within a land use district and established
for a fixed period of time with the intent to discontinue such use
upon the expiration of the time period.
"Tract"
means an area parcel site, piece of land, or property which
is the subject of a residential development action involving five
lots or more.
"Use"
means the purpose for which land or a building is occupied,
arranged, designed or intended or for which either land or building
is or may be occupied or maintained. A use may be passive. For example,
parking and/or garage storage is a use of property.
"Yard"
means an open space that lies between the principal building
and the nearest lot line. Such yard is unoccupied and unobstructed
from the ground upward, except as may be specifically provided for
in this title. Unless otherwise specified, a yard is fully landscaped.
Yard, Required.
"Required yard" means a yard as defined in this section,
that occupies the area of a required setback.
"Zoning ordinance"
means the comprehensive zoning ordinance of the city, codified
as Title 18 of this code.
(Ord. 869 § 12, 1987)