A. The
size and location of Specific Plan No. 20 creates a unique development
opportunity within the city. The site is currently developed and has
excellent freeway access and visibility. The site is also adjacent
to an established residential neighborhood to the west. The specific
plan for the development of the site was the best mechanism for a
comprehensive project. The commercial center was developed with an
emphasis on commercial/retail uses that has kept the development viable.
Since the development of the center, consumer trends have changed
and new uses have developed. The modifications to the specific plan
will help ensure the viability of the center for years to come. The
specific plan will now allow for service based businesses on a limited
basis. The amount allowed shall be determined by the city council
in a policy form that will allow for flexibility if it needs to be
changed in the future.
B. The
purpose of Specific Plan No. 20 is to provide a land use and development
standards that produce a project that is compatible and complementary
to the adjacent uses as well as provide for the highest and best land
use of the property.
C. The
land use design and development standards are proposed to achieve
the following objectives:
1. To take full advantage of the excellent freeway access and visibility
of the site;
2. To provide for the continued operation and expansion of the San Dimas
Retirement Center or similar use;
3. To provide a flexible plan that is able to respond to changes in
the economic market;
4. To provide for the highest and best land uses which are compatible
to adjacent uses;
5. To utilize current practices of good design, architecture, landscape
architecture, civil engineering and grading; and
6. To provide a project that will enhance and promote the existing and
future appearance of the city.
(Ord. 861 § 1, 1987; Ord. 1222 § 1, 2013)
A. The
adoption of Specific Plan No. 20 by the city is authorized by the
California
Government Code, Title 7, Division 1, Chapter 3, Articles
8 and 9, Sections 65450 through 65507.
B. Specific
Plan No. 20 applies only to that property within the city indicated
on Exhibit A.
(Ord. 861 § 1, 1987; Ord. 1222 § 1, 2013)
Specific Plan No. 20 applies to the twenty acre site located
west of the 57 Freeway, south of Arrow Highway, east of Maimone Avenue
extended, and north of Cienega Avenue as depicted on Exhibit A.
(Ord. 861 § 1, 1987; Ord. 1222 § 1, 2013)
A. Unless
otherwise specified, all development within Specific Plan No. 20 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 of California Code.
D. All
construction within the boundaries of the specific plan area 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 alter the intent of
the specific plan as approved nor permit a deviation to the established
development standards, may be approved by the director of community
development at his or her discretion.
F. 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 the invalidity of such provision
shall not affect the validity of the remaining provisions of this
chapter.
G. Any
land use designation not specifically covered by Specific Plan No.
20 shall not be permitted.
(Ord. 861 § 1, 1987; Ord. 1222 § 1, 2013)
Unless the context otherwise requires, or unless different definitions
are set forth in individual titles, chapters, or sections of this
title, the words or phrases defined in this chapter shall have the
meaning and construction ascribed to them in this chapter. 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 as defined in the
following sources and in the following order: other chapters of this
code, definitions contained in 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
a common property line are considered to be abutting.
"Accessory structure/building"
means a structure, including 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.
"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 a 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 coverage"
means the gross area of a lot or parcel of land occupied
by all of the ground floor of a building or structure which is under
roof. As a percentage, it is the relationship between the ground floor
area of the building under roof and the net area of the site.
"Building height"
means the maximum vertical distance between the ground and
the uppermost part of the structure through any vertical section.
Building, Nonconforming.
"Nonconforming building" means a building or portion thereof
lawfully existing pursuant to the ordinances in effect at the time
of its construction or subsequent alteration, but which does not comply
with any development criteria adopted at a later date.
"Business"
means the purchase, sale or other transaction or place thereof
involving the handling or disposition of any article, substance or
commodity for livelihood or profit, including an addition, operation
or provision of any service or service establishment, office building,
outdoor advertising sign and/or structure, recreational and/or amusement
enterprise conducted for livelihood or profit.
"Business frontage"
means the lineal footage of any side of a business building
facing an adjacent street or parking area and upon which a sign may
be located.
"City"
means the city of San Dimas.
"Clinic"
means an establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists or
social workers and where patients are not lodged overnight.
"Commercial/retail businesses"
means businesses that engage in selling goods or merchandise
to the general public as well as to other retailers or businesses,
and rendering services incidental to the sale of goods.
"Court yard"
means an open, unoccupied space, other than a required yard,
on the same lot with a building or buildings and which is bounded
on two or more sides by such building(s).
"Design review"
means the process of city review and approval of development proposals pursuant to the provisions of Chapter
18.12 of this title.
"Display frontage"
means the lineal footage of the front of an area used for
display and sale of merchandise located outdoors; typically the portion
of a display area facing a street or parking area.
"Drive-in"
means an establishment which provides parking facilities
and service to those facilities in order that patrons may utilize
on-site goods and/or services without leaving their vehicles. The
drive-in service may be in conjunction with, or exclusive of, any
other form of service, including drive-through or conventional seating.
"Drive-through"
means an establishment which offers service via a convenience
automobile drive aisle and associated facilities in order that patrons
may utilize goods and/or services without leaving their vehicles.
The drive-through service may be in conjunction with, or exclusive
of, any other form of service, including drive-in or conventional
seating.
"Driveway"
means an unobstructed paved area providing access to a vehicle
parking, loading or maneuvering facility.
"Enclosed space"
means an area enclosed on all sides by a solid physical barrier,
such as a solid wood fence or masonry wall.
"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.
"Fence"
means any device forming a physical barrier between two areas
and constructed of 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.
"Frontage"
means, with regard to a lot, that side of a lot abutting
on a street; typically, the front lot line. With regards to a building,
see "Business frontage."
"Health/exercise clubs"
means businesses that provide health related physical fitness
components that have a relationship with good health. The components
are commonly defined as body composition, cardiovascular fitness,
flexibility, muscular endurance and strength. Health/exercise club
businesses include, but are not limited to:
b.
Personal training center;
"Hospital"
means a facility licensed by the state Department of Public
Health for the accommodation and medical care of sick, injured or
infirm persons and includes sanitariums, alcoholic sanitariums and
institutions for the cure of drug addicts and mental patients.
"Institutional use"
means a non-profit or quasi-public use or institution, such
as a church owned or operated building, structure or land, used for
public purposes.
"Instructional physical activities business"
means businesses that provide health related physical fitness
components that have a relationship with good health. The uses listed
below are all instructional based. Instructional physical activities
businesses include, but are not limited to:
"Landscaping"
means the planting and maintenance of a combination of trees,
shrubs, vines, groundcover, 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.
"Loading area"
means the portion of a site developed to accommodate loading
spaces including the related aisles, access drives and buffers.
"Loading space"
means an off-street space or berth on the same lot and contiguous
with the building it is intended to serve, for the temporary parking
of commercial vehicles while loading or unloading. Loading spaces
shall not make use of public rights-of-way for the maneuvering of
vehicles utilizing the space nor shall they encroach in parking areas
or drive aisles.
"Main use"
means any use of a building, structure or land which is not
clearly and entirely incidental, secondary or accessory to some other
use on the same parcel or unit of development.
"Medical offices"
means establishments that provide medical, surgical, and/or
psychiatric services to sick or injured persons on an out-patient
basis. Such medical offices include, but are not limited to:
b.
Medical clinic without ambulance service;
"Mound"
means a raised embankment of earth a minimum of eighteen
inches in height intended as a landscape feature and/or to screen
an area from sight or sound.
"Multiphase development"
means a development project that is constructed in increments,
each increment being capable of existing independently of the others.
"Off-street parking space"
means a temporary storage area for a motor vehicle that is
not located on a street right-of-way, dedicated or private.
"Parking area" or "parking lot"
means a portion of a site devoted to the temporary parking
of motor vehicles, including the actual parking spaces, aisles, access
drives and related landscaped areas.
"Professional business offices"
means businesses that provide work performed in an expert
manner and typically produce an intangible product for the benefit
of the customer. Such professional business offices include, but are
not limited to:
a.
Accounting and billing services;
b.
Communications; graphic design;
"Public utility installation"
means buildings and other structures and equipment owned
and operated by a public utility or private utility company subject
to regulation by the State Public Utilities Commission.
"Quasi-public"
means a use which involves as its primary purpose the administration
of a required government program or a government regulatory program.
"Recreational entertainment businesses"
means businesses that provide an entertainment value as one
performs a physical activity such as running, jumping, swinging and/or
walking. Most of these types of businesses tend to be geared to children
and young adults. They also tend to host parties but do not provide
food that is cooked on-site. Such recreational entertainment businesses
include, but are not limited to:
"Rest home," "nursing home" and "convalescent home"
means premises operated as a boarding home, and in which
nursing, dietary and other personal services are furnished to convalescents,
invalids and non-ambulatory aged persons. It does not include premises
in which persons suffering from a mental sickness, disease, disorder
or ailment or from a contagious or communicable disease are kept,
or in which surgical or other primary treatments are performed, such
as are customarily provided in sanitariums or hospitals or in which
persons are kept or served who normally would be admissible to a mental
hospital.
"Retail"
means the selling of goods, wares or merchandise directly
to the ultimate consumer or persons without a resale license.
"Senior citizen housing, congregate care"
means a residential complex intended for the sole occupancy
by senior citizens and having a common dining facility and no kitchen
facilities in the individual units.
"Senior citizen housing, individual living"
means a residential complex intended for the sole occupancy
by senior citizens and comprised of independent self-contained dwelling
units having one or more rooms with private bath and kitchen facilities.
"Service business"
means infrequent, technical, and/or unique functions performed
by independent consultants whose occupation is the rendering of such
services. Such service businesses include, but are not limited to:
j.
Tailors and seamstresses.
"Sign"
means any device or part thereof capable of visual communication
or attraction including any announcement, declaration, demonstration,
display, illustration, insignia or symbol used to advertise or promote
the interest of any person, partnership, association, corporation,
institution, organization, product, service, event, location or other
business entity by any means, including words, letters, figures, design,
symbols, fixtures, colors, illumination or projected images. "Sign"
shall not include any official notice, directional, warning, or information
signs or structures issued by any federal, state, county or municipal
authority.
"Storage area"
means an area used or intended for the storage of materials,
refuse or vehicles and equipment not in service. Storage areas shall
not incorporate any other areas of project development such as parking
areas, landscaping, and yard areas unless specifically authorized
by the applicable land use regulations.
"Street furniture"
means man-made, above-ground items that are usually found
in a street right-of-way such as hydrants, manhole covers, benches,
traffic lights and signs, utility poles and lines, parking meters,
and the like.
"Unique natural feature"
means that part of the natural environment which adds character
to a location and which, if altered or damaged, cannot be artificially
replaced.
"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 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
elsewhere 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.
(Ord. 861 § 1, 1987; Ord. 1222 § 1, 2013)