Development Plan Review Board

Development Plan Review

Section Contents

18.12.010 Purpose.

18.12.020 Development Plan Review Board Created.

18.12.030 Review Required.

18.12.040 Submission Of Development Plan.

18.12.050 Disposition Of Development Plan.

18.12.060 Findings -- Standard Of Review.

18.12.070 Procedure.

18.12.090 Issuance Of Permit.

18.12.100 Dedications And Improvements Required.

18.12.104 Reimbursement For Public Improvements.

18.12.110 Single-Family Residences -- Limitation On Requirements.

18.12.120 Limitation On Board Authority.

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 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 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 community development or the board, as the case may be may establish more stringent regulations than those otherwise specified. [Ord. 909 §1, 1989; Ord. 703 §1 (part), 1970: Ord. 99 §4 (part), 1964: Ord. 37 §795.0, 1961]

18.12.020 Development Plan Review Board Created.

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 Community Development; 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 "board," when used in this chapter, refers to the development plan review board. The board shall carry out the duties prescribed in this chapter.

B. Meetings. The board shall meet regularly in open meeting at a time to be determined by the development plan review board.

C. Rules of Procedure. The board may adopt such procedural rules as are necessary for the conduct of its business. [Ord. 1005 §1(Exh. A. §1), 1993; Ord. 897 §1(A), (B), 1989; Ord. 737 §1, 1981; Ord. 703 §1(part), 1980: Ord. 484 §1, 1975: Ord. 342 §1, 1971: Ord. 292 §1(part), 1970: Ord. 99 §4(part), 1964: Ord. 37 §795.2, 1961]

18.12.030 Review Required.

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.

B. Sign Review. No person shall install or construct a sign or implement a sign program until a sign plan or sign program has been reviewed and approved in accordance with this chapter and the sign regulations pursuant to Chapter 18.152 of this title. [Ord. 1005 §1 (Exh. A, §2), 1993; Ord. 897 §1(C), (D), 1989: Ord. 703 §1(part), 1980: Ord. 480 §1, 1974: Ord. 292 §1 (part), 1970: Ord. 99 §4(part), 1964: Ord. 37 §795.4, 1961]

18.12.040 Submission Of Development Plan.

A. The applicant shall submit to the department of community development a completed development plan review application with materials and plans as required in the development plan review board 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 limited to, the following:

Parcel or lot dimensions;
Walls and fences: Location, height, materials and colors;
Off-street Parking and Loading: location, number of spaces, dimensions of parking area and loading facilities, internal circulation pattern;
Access and Circulation: Pedestrian, vehicular, service; points of ingress and egress, internal circulation;
Buildings and Structures: locations, 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;
Spaces Between Buildings: location, size and dimension; yards and setbacks;
Open spaces, Recreation areas or Greenbelts: location, size and facilities;
Public improvements; street dedications and improvements; public utilities installations including poles, transformers, vaults and meters; design and location;
Signs: location, size, color, design and materials;
Lighting: location and general nature; hooding devices;
Drainage pattern and structures;
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;
Alternative energy systems;
Such other data as the planning staff or board may require to make necessary findings. [Ord. 897 §1 (E), 1989; Ord. 750 §4 (part), 1981; Ord. 703 §1 (part), 1980: Ord. 292 §1 (part), 1970: Ord. 99§4 (part), 1964: Ord. 37 §795.6, 1961]

18.12.050 Disposition Of Development Plan.

A. Informal Review. Applicants may, at their option, submit preliminary drawings to the department of Community Development 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. 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 Community Development may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of Community Development 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. These exemptions are as follows:

Additional or structural modification to single-family residences where the addition or modification does not exceed one story in height and where it is designed to match the existing building exterior;
Ground-mounted mechanical equipment where such equipment is adequately screened from the view of adjoining properties and public streets;
Patios, gazebos, decks and similar accessory residential structures which do not utilize cantilever design or retaining wall support and which are not directly visible from public rights-of-way;
Swimming pools and spas which do not use retaining walls or which do not require grading in excess of fifty cubic yards (excluding any excavation for the pool itself);
Second story decks and balconies which are less than two hundred square feet in area, which are not on the street-facing side of the dwelling and which are not located in a zero lot line or attached residential project; provided, that the adjacent property owners have been notified in the manner prescribed by the director of Community Development;
Signs which conform to the following:

a. Any sign which complies with an approved sign program,
b. Wall signs and on-site directional signs which comply with Chapter 18.152,
c. Temporary signs and banners,
d. Sign face changes which comply with Chapter 18.152;

Minor additions and structural modifications to multiple-family, commercial, industrial, office, institutional, public or other nonresidential uses and structures, for which there is no increase in intensity of use or additional parking required, such as interior remodels, trash enclosures and similar facilities;
Demolition permits where the structures being demolished have not been identified as historic by the City;
Grading and reforming of land not in excess of fifty cubic yards or other minor grading in isolated, self contained areas not intended to support structures;
Fencing and landscaping which comply with the provisions of this title or an approved community fencing or landscaping plan;
Satellite dishes which are less than twenty-four inches in diameter and which are not visible from public rights of way;
Other development of similar scale or impact, as determined by the director of Community Development, provided that no development explicitly subject to review under subsection C or D or this section shall be exempted.

C. Development Plans -- Review by Director of Community Development. For development plans specified in this subsection, the director of Community Development may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of Community Development 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 or this section. The director of Community Development may approve, conditionally approve, or disapprove development plan applications, subject to the criteria set forth in section 18.12.060, as follows:

Additions or structural modifications to single-family residences where the addition or modification exceeds one story in height or where it is designed to match the existing building exterior; provided that for second-story construction the adjacent property owners have been notified in the manner prescribed by the director of Community Development;
Roof-mounted mechanical equipment;
Patios, decks, gazebos and similar accessory residential structures which utilize cantilever design or retaining wall support;
Swimming pools and spas which utilize retaining walls or which require grading in excess of fifty cubic yards (excluding any excavation for the pool itself);
Second-story decks and balconies, which are greater than two hundred square feet in area, which are located on the street-facing side of a dwelling or which are located in a zero lot line or attached residential project; provided, that the adjacent property owners have been notified in the manner prescribed by the director of Community Development;
Monument signs which comply with Chapter 18.152 and additional wall signs allowed by Section 18.152.190 (B) (3);
Additions and structural modifications to multiple-family, commercial, industrial, office, institutional, public or other nonresidential uses and structures which are not exempted by subsection B of this section, including exterior remodeling, exterior color and material changes and other similar modifications;
Community fencing and landscaping plans;
Satellite dishes not exempted by subsection B and flag poles, communication towers and other similar accessory facilities;
Grading, which is not exempted by subsection B of this section and which is not in anticipation of a development plan requiring review pursuant to subsection D of this section;
Other development of similar scale or impact, as determined by the director of Community Development; provided that no development explicitly subject to review under subsection D of this section shall be reviewed pursuant to this subsection.

D. Development Plan -- Review by Development Plan Review Board. The development plan review board may approve, conditionally approve, or disapprove development plan applications, subject to the criteria set forth in Section 18.12.060, as follows:

New single-family residential dwellings;
New multiple-family residential dwellings;
New office, commercial, institutional, public, industrial, and other nonresidential buildings and structures;
Sign programs and other signs not covered by subsections B and C of this section;
Any addition or structural modification to, or any proposed demolition of, a structure which has been identified as historic by the City;
Any grading associated with a development plan requiring review by this subsection;
Second story construction, which may be subject to review pursuant to subsection (B)(5), (C)(1), or (C)(5) of Section 18.12.050, when an adjacent property owner has filed an objection with the director of Community Development.
Other development plans not governed by subsections B and C of this section. [Ord. 1005 §1 (Exh. A, §3), 1993: Ord. 897 §1 (F) -- (H), 1989; Ord. 703 §1 (part), 1980: Ord. 292 §1 (part), 1970: Ord. 99 §4 (part), 1964: Ord. 37 §795.8, 1961]

18.12.060 Findings -- Standard Of Review.

A. Consideration and Review of Development Plan. In reviewing any development plan presented pursuant to the provisions of this chapter, the director of Community Development or the board, as the case may be, shall consider the following:

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.
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.
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.
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 free-standing sign.
The location and configuration of buildings should minimize interference with the privacy and views of occupants of surrounding buildings.
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.
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.
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.
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 non-reflective and compatible with building colors.
Deep eaves, overhangs, canopies and other architectural features that provide shelter and shade should be encouraged.
Rooflines on a building or structure should be compatible throughout the building or structure and with existing buildings and structures and surrounding development.
Proposed lighting should be so located so as to avoid glare and to reflect the light away from adjoining property and rights-of-way.
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.
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.
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.
Off-street parking and loading facilities should function efficiently with minimum obstruction of traffic on surrounding areas.
All utility facilities shall be underground.
Adequate provisions should be made for fire safety.
Drainage should be provided so as to avoid flow onto adjacent properties.
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.
All development plans for respective zoning shall be met.

B. Findings. In approving or conditionally approving a development plan pursuant to the requirements of this chapter, the director of Community Development or the board, as the case may be, shall find that as modified by any imposed conditions:

The development of the site in accordance with the development plan is suitable for the use or development intended.
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
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.

Following development plan denial, no application for the same or substantially the same design shall be filed for one year from the date the denial becomes final, unless the denial was made without prejudice. (Ord. 1005 §1 (Exh. A, §§4, 5), 1993; Ord. 897 1 (I), 1989; Ord. 750 §4 (part), 1981; Ord. 703 §1(part), 1980: Ord. 37 §795.9, 1961)

18.12.070 Procedure.

A. Completeness. The director of the Community Development 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 Community Development director shall not prevent the board from requesting supplemental information to facilitate its decision.

B. Notice. Written notice shall be sent to the applicant prior to consideration of the development plan application by the development plan review board.

C. Decision. The director of the Community Development 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 board may, from time to time, continue its consideration of any development plan.

D. Execution of approved plan. The decision of the community development director 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 Community Development 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 C.

E. Extension. Upon receiving a written request prior to the expiration of any approval time period, the director of the Community Development department 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.

F. 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.

G. Appeals. Any decision, determination or action of the Community Development director 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 Community Development director. 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 field 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. 1005 §1 (Exh. A. §6), 1993: Ord. 897 §1 (J), 1989; Ord. 703 §1 (part), 1980: Ord. 561 §1, 1977: Ord. 292 §1 (part), 1970: Ord. 99 §4 (part), 1964: Ord. 37 §795.10, 1961)

18.12.090 Issuance Of Permit.

Before a building permit or relocation permit is issued for any building or structure, the building department shall ensure that:

The proposed building is in conformity with the development and conditions approved by the board, and the applicant has signed a file copy of the approved development plan, accepting the conditions thereon.
All required improvements have either been installed or cash or bond has been deposited with the City to cover the cost of the improvements.
All of the require dedications have been given. (Ord. 703 §1 (part), 1980: Ord. 292 §1 (part), 1970: Ord. 37 §795.12, 1961)

18.12.100 Dedications And Improvements Required.

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 dedication and improvements on all rights-of-way abutting a lot or parcel in which the development is to occur. The dedications and improvements noted in the following sections of this chapter are required as a condition to the approval of any development plan. (Ord. 703 §1 (part), 1980: Ord. 292 §1 (part), 1970: Ord. 37 §795.14, 1961)

18.12.104 Reimbursement For Public Improvements.

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 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. 1005 §1 (Exh. A, §7), 1993; Ord. 800 §2, 1983: Ord. 37 §795.11, 1961)

18.12.110 Single-Family Residences -- Limitation On Requirements.

A. The improvements required by Section 18.12.100 shall be required as a condition to the approved development plans involving additions to the single-family residences unless one of the following apply:

"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
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 on 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. 897 §1 (L), 1989; Ord. 480 §2, 1974: Ord. 37 §795.15, 1961)

18.12.120 Limitation On Board Authority.

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. 292 §1 (part), 1970: Ord. 37 §795.16, 1961)