A. The
size, shape and location of Specific Plan No. 23 presents a unique
development opportunity within the city. The site encompasses three
blocks north of a railroad right-of-way and south of an established
residential neighborhood referred to as the San Dimas towncore. The
easterly project boundary is adjacent to the San Dimas downtown area
which is known as "Frontier Village." The easterly boundary also has
visibility to Bonita Avenue.
B. Specific
Plan No. 23 provides the best mechanism for comprehensive, high quality,
and sensitive development for the project area. The purpose of Specific
Plan No. 23 includes the following:
1. To ensure that the development of the project area is compatible
to adjacent uses;
2. To minimize the negative adverse impact of traffic generated by any
development by directing traffic away from the residential neighborhood;
3. To incorporate creative and sensitive planning, architecture, landscape
architecture, and engineering to develop a project that will enhance
the existing adjacent uses and promote the existing and future appearance
of San Dimas; and
4. To provide provisions for the continued use and maintenance of existing
improvements as the project areas recycle into development consistent
with the provisions of the design standards within this specific plan.
(Ord. 938 § 1 (I (A)),
1990)
The adoption of Specific Plan No. 23 by the city is authorized
by and pursuant to sections 65450 through 65457 of the California
Government Code.
(Ord. 938 § 1 (I (B)),
1990)
Specific Plan No. 23 encompasses land area which totals approximately
8.84 acres. The project area is assembled into three land areas roughly
resembling city blocks. Each "block" is adjacent to the railroad right-of-way
which runs in a diagonal manner when compared to a traditional north,
south, east, west grid street system. Each "block" has street frontage,
however, visibility from Bonita Avenue is limited. The project boundaries
are indicated on the attached Exhibit A.
(Ord. 938 § 1 (I (C)),
1990)
The project area of Specific Plan No. 23 is designated as industrial
by the city general plan. All development, uses and activity shall
be subject to, but not limited to, the following general provisions:
A. Unless
otherwise specified, all development, uses and activity within Specific
Plan No. 23 shall comply with this code. Terms used in this chapter
shall have the same meaning as defined elsewhere in this code unless
otherwise provided;
B. Any
details or issues not specifically covered by this specific plan shall
be subject to the regulations of this code;
C. The
review and approval of development within the specific plan area shall
be subject to Section 65450 et seq. of the state
Government 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 as applicable and adopted
by the city.
E. Minor modifications to Specific Plan No. 23 which do not alter the intent of this specific plan pursuant to the provisions of Section
18.538.170 of this chapter;
F. If
any regulation, condition, program or portion thereof of this 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 herein;
and
G. Any land use designation, permitted use, or conditionally permitted use not specifically provided by Specific Plan No. 23 shall not be permitted without a determination of use by the development plan review board pursuant to provisions of Chapter
18.12 of this Title.
(Ord. 938 § 1 (I (D)),
1990)
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 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 by the following order; (1) other chapters of this code; (2)
definitions contained in the city adopted chapters of the Uniform
Building Code; (3) definitions contained in legislation of the state;
and (4) Webster's Dictionary.
"Abut"
means contiguous to. For example, two adjoining lots with
a common property line are considered to be abutting.
"Accessory structure"
means a structure located on the same lot or parcel as the
primary structure. Said structure would serve an incidental or accessory
use secondary to the principal use of the land.
"Accessory use"
means a use which is incidental or secondary to the primary
use of the lot or parcel. Such use is devoted exclusively to the primary
land use.
"Adjacent"
means the same as abutting; however, public rights-of-way
and major utility easements shall not be considered as separating
"adjacent" uses.
"Architectural feature"
means a part, portion, projection, or treatment that contributes
to the visual beauty, elegance, historical consistency, or design
integrity of a building or structure, and is not necessary for the
structural integrity of the building or structure or to make said
structure or building habitable. Said architectural feature does not
include signs or other forms of use identification.
"Automobile parking"
means parking of operational and street legal motor vehicles
on a temporary basis within an improved off-street parking area.
"Berm"
means a man-made mound(s) of earth incorporated into a landscape
design used for the purpose of visual screening, decorative features,
and landscape design enhancement.
"Buffer area"
means an area of land used to visibly and physically separate
one use from another. Such a buffer area would typically be devoid
of structures and landscaped in a manner to shield noise, glare and
other nuisances from neighboring uses.
"Building"
means any structure built or maintained for the support,
enclosure and protection of persons, equipment, 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, or building footprint, of a building or
structure which is under roof.
"Building height"
means the maximum vertical distance as measured from the
interior floor level to the top of the uppermost part of the structure
through any vertical section.
Building, Main.
"Main building" means a building within which the principal
primary use of the lot or parcel is conducted, as provided by this
specific plan.
Building, Non-conforming.
"Non-conforming building" means a building or portion thereof,
lawfully existing pursuant to the ordinance in effect at the time
of 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, disposition or transaction of any article,
substance, product, service or commodity for livelihood or profit.
Such activity includes 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 the unit's designated automobile parking
area and upon which a sign may be located as provided by this specific
plan.
"City"
means the city of San Dimas.
"Commercial use"
means a business, normally involving office, retail, sales,
or service uses.
"Courtyard"
means an open, unoccupied space, other than a required yard,
on the same lot or parcel with a building or buildings. Such courtyard
is typically bounded on two or more sides by such building(s).
"Design review"
means the process of city review and approval of development proposals as required by 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. Such display area
typically faces a street or automobile 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. Said
drive-in service may be in conjunction with, or exclusive of, any
other form of service, including drive-through or conventional seating.
"Driveway"
means an unobstructed paved area which provides access to
vehicle parking, loading, or maneuvering area.
"Enclosed building" or "enclosed structure"
means a building or structure with a permanent roof and enclosed
on all sides by solid exterior walls. Such solid exterior walls may
feature windows, loading doors, and customary entrance and exit doors.
"Enclosed space"
means an area enclosed on all sides by a solid physical barrier
such as a fence or wall.
"Existing improvements"
means any improvements which exist at the time of the adoption
of this specific plan. Such existing improvements must have been legally
constructed in compliance with all building and zoning codes in effect
at the time the improvements were constructed.
"Exterior boundary"
means the perimeter of any lot or parcel of land or assembly
of lots or parcels to be developed in an integrated, comprehensive
manner.
"Fence"
means any device forming a physical barrier between two areas.
Such barrier may be constructed of chain-link, louver, wood stake,
masonry, lumber, or other similar material in accordance with adopted
city standards.
Floor Area, Gross.
"Gross floor area" means the total floor area of a building
under roof measured in square feet. Such measurement would include
each horizontal plane which constitutes a floor as measured to the
outside of the exterior walls of all floors.
"Frontage"
means, with regards 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."
"Industry"
means the manufacture, fabrication, processing or reduction
of any article, substance or commodity or any other treatment thereof
in such a manner as to change the form, character or appearance thereof.
In addition, it shall include trucking facilities, warehousing, storage
facilities, business facilities serving primarily industry, and similar
enterprises.
"Institutional use"
means a non-profit or quasi-public use or institution, such
as a church, library, public or private school, utility, hospital,
or municipally owned or operated building, structure or land used
for public purpose.
"Landscaping"
means the planting and maintenance of a combination of trees,
shrubs, vines, ground cover, flowers and lawn. In addition, such landscaping
may include design features such as rock and stone, garden-type fencing
and decorative structures. Such design features may also include water
elements, art works, decorative walks, benches, and decorative paving.
"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 temporary parking of
commercial transport vehicles while loading and unloading merchandise,
materials, supplies, manufactured products and similar items.
"Main building" or "main structure,"
also referred to as principal and primary building or structure.
Such building and structure would contain and enclose the activity
which is the main use of the lot or parcel of land upon which the
building is situated.
"Main use"
means any use of a building, structure, or land which is
the primary feature of the activity conducted on the lot or parcel
of land.
"Mixed use"
means any multiple use of a building, structure, or land
which promotes varying forms of activity at various times of the day.
Such combinations of uses would include, but not be limited to, retail
commercial, light industrial, office, and cultural and gathering uses.
"Mound"
means a raised embankment of earth intended as a landscaping
feature to visually obscure an area or provide design enhancement.
Also see "berm."
"Multi-phase development"
means a development project which is constructed in increments.
Each increment would be capable of existing independent of the others,
but the completed project would be a comprehensive design.
"Off-street parking space"
means a temporary storage area for a motor vehicle that is
not located on a dedicated street right-of-way. Such right-of-way
may be public or private.
"Parking area" or "parking lot"
means a portion of a site devoted to the temporary parking
of motor vehicles, including actual parking spaces, aisles, access
drives, and related landscaping.
"Public utility installation"
means building(s) or other structure(s) and equipment owned
and operated by a public 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.
"Retail"
means the selling of goods, wares or merchandise directly
to the ultimate consumer or persons without a resale license.
"Service station"
means a motor fuel dispensing establishment offering for
sale various grades of motor fuel, oil, engine lubricants, and automobile
related accessories, such an establishment may also repair services
including but not limited to painting, body work, restoration, auto
wrecking, engine repair and motor vehicle maintenance.
"Service"
means an act, or any result of useful labor, which does not
in itself produce a tangible commodity.
"Setback"
means the area between the building line and the nearest
property line.
"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, designs,
symbols, fixtures, colors, illumination or projected images. "Sign"
shall not include any official notice, declaration, warning, or information
sign 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.
"Street furniture"
means man-made, above ground items that are usually found
in a street right-of-way such as benches, bus stops/enclosures, newspaper
racks, hydrants, traffic lights, signs, utility poles and the like.
"Temporary structure"
means a structure which is permitted within a land use district
without a permanent 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 designated land use district
and established for a fixed period of time with the intent of terminating
such use upon the expiration of the time period.
"Unique natural feature"
means that part of the natural environment which adds character
to a location which is not readily found in other locations, and if
altered or damaged cannot be 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, such as
parking and/or storage.
"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 in
the specific plan. 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. 938 § 1 (I (E)),
1990)