A. 
The size, shape and location of Specific Plan No. 23 presents a unique development opportunity within the city. The site encompasses two blocks north of a railroad right-of-way and south of an established residential neighborhood referred to as the San Dimas Town Core (see Exhibit A). The easterly project boundary is North Acacia Street and the westerly project boundary is just east of the Trails Apartment Complex located at 444 N. Amelia 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;
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;
5. 
To provide home ownership opportunities responsive to the needs of the community;
6. 
To reclaim the currently underutilized site and transform it into a vibrant living environment;
7. 
To provide a desirable, high-quality residential community where people will want to purchase/live a new home within the city of San Dimas; and
8. 
To stimulate revitalization efforts in nearby underutilized properties.
(Ord. 938 § 1 (I (A)), 1990; Ord. 1315, 10/8/2024)
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; Ord. 1315, 10/8/2024)
Specific Plan No. 23 encompasses land area which totals approximately 6.1 acres. The project area is assembled into two 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 at the end of this title.
(Ord. 938 § 1 (I (C)), 1990; Ord. 1315, 10/8/2024)
The project area of Specific Plan No. 23 is designated as Mixed Use - Residential/Industrial by the city's 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 California 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 approving body pursuant to provisions of Chapter 18.192 of this title.
(Ord. 938 § 1 (I (D)), 1990; Ord. 1315, 10/8/2024)
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 California 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 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, 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.
"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, Accessory.
"Accessory building" means the same as "accessory structure."
"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.
"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.
"City council"
means the city council of the city.
"City"
means the city of San Dimas.
"Commercial use"
means a business, normally involving office, retail, sales, or service uses.
"Common open space"
means land in a development held in common and is/or single ownership and not reserved for the exclusive use of benefit of an individual tenant or owner.
"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).
"Density"
shall be determined by dividing the total number of homes by the net area of the parcel.
"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.
"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"
for industrial use properties means any device forming a physical barrier between two areas/parcels. Such barrier may be constructed of louver, wood stake, decorative masonry (i.e. slump stone, split face, stucco, stone veneer, brick, etc. plane CMU is not considered decorative masonry), dog ear lumber, or other similar material in accordance with adopted city standards.
"Fence"
for residential use properties means any device forming a physical barrier between two areas/parcels. Such barrier may be constructed of decorative masonry (i.e. slump stone, split face, stucco, stone veneer, brick, etc. plane CMU is not considered decorative masonry). Gates maybe constructed of dog ear lumber, tubular iron, vinyl, 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."
Garages, Private.
"Private garage" means a portion of a building, used primarily for automobile parking, garages shall not be for habitation.
"Height"
means the vertical distance from the lowest finish grade to the highest point of the coping of a flat or pitched roof ridge.
"Homeowner Association" or "HOA"
means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping and facilities.
"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.
"Lot"
means any numbered or lettered parcel shown on a recorded tract map.
"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.
"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 independently 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.
"Permitted use"
means any use allowed within the planning area regulations and subject to the restrictions applicable to that planning areas.
"Pet, household"
means as described and regulated in Chapter 18.20 Residential Zones Generally.
"Planning commission"
means the planning commission of the city.
"Private open space"
means a fenced or otherwise screened are designated for a specific tenant or resident intended for landscape, recreation, or leisure purposes.
"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"
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.
"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 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; Ord. 1315, 10/8/2024)