Chapter 18.90
DEVELOPMENT PLAN REVIEW
Sections:
18.90.010 Purpose and intent.
18.90.020 Unapproved development prohibited.
18.90.030 Exemptions.
18.90.040 Application for development plan approval.
18.90.050 Application for a minor development plan approval.
18.90.060 Application for a single-family home development plan approval.
18.90.070 Application procedure.
18.90.080 Required findings for approval.
18.90.090 Approval of minor and single-family home development plans by the planning director.
18.90.100 Approval of development plans and minor development plans by the planning commission.
18.90.110 Expiration and automatic extension.
18.90.120 Appeal.
18.90.010 Purpose and intent.
The city council finds and declares that the public health, safety and welfare requires all proposed development be consistent with the city’s general plan, applicable specific plans, zoning, and all federal, state and local laws and regulations. The purpose and intent of this chapter is to ensure such consistency by requiring development plan review of all development proposed within the city unless specifically exempted by this chapter. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.01.]
18.90.020 Unapproved development prohibited.
Unless specifically exempted from the provisions of this chapter, no person shall commence any new use, construct a sign, obtain a building permit or certificate of occupancy, or intensify any use until a development plan therefor has been approved. For purposes of this section, “intensify any use” shall mean enlargement, exterior alteration, or increase in required number of parking spaces. “Sign” shall mean any advertising structure regulated by Chapter 18.50 CMC. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.02.]
18.90.030 Exemptions.
The following development is exempt from the development plan review application and approval process:
A. Room additions in areas designated for single-family residential development;
B. Accessory buildings (650 square feet or less and no more than 18 feet in height), patios, decks, gazebos and other incidental structures not directly adjacent to or facing a public street, landscape components and fenced-in areas, designed for single-family residential development;
C. Pools and spas in areas designated for single-family residential development;
D. The establishment of new commercial, industrial and office uses or commercial, industrial and office additions that do not increase the intensity of the use or the property or require additional parking;
E. Proposed new land uses within existing conforming buildings that do not intensify the use of the property beyond the previous use or entitlement or require additional parking; provided, that if the proposed land use results in the need for one to five additional parking spaces or increases the building area whereby less than five additional parking spaces are required, a minor development plan review application shall be required;
F. Any other development of similar scale and impact, as determined by the planning director with the concurrence of the planning commission. [Ord. 286 §§ 2, 3, 2009; Ord. 264 § 2, 2007; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.03.]
18.90.040 Application for development plan approval.
A. Applications for development plan approval shall include, but are not limited to, the following types of development:
1. All new commercial and industrial development including rebuilding of a structure from a demolition.
2. Architectural/design review and precise grading plans for residential tentative tracts.
3. As specifically stated in the Calimesa development and zoning codes.
B. Each development plan review application shall be completed on forms supplied by the city and accompanied by the following documents:
1. Fifteen copies of the site plan, drawn to standard engineering scale (one inch equals 30 feet), depicting the following:
a. Lot dimensions and the location of all existing on-site and off-site structures (within 25 feet) with distances to the nearest lot lines.
b. The location, height and construction material of all walls and fences on site excluding building structures.
c. The location, number of spaces and internal circulation pattern for all on-site parking together with the location of any off-site parking.
d. The width and location of all driveways on-site and on adjacent properties, the public rights-of-way, the nearest street intersection, and the design of all ingress and egress routes.
e. The location of all proposed landscaped areas.
f. The proposed use of each structure and the amount of square footage devoted to each use.
g. The design and location of all areas or improvements to be made available for public use or dedicated to a public agency or utility, such as the location of public telephones.
h. The location, design and construction materials of all trash enclosures.
i. The design and location of all signs, exterior lighting and pedestrian walkways.
j. The location of all existing and proposed fire hydrants as required by the fire department.
k. The location and screening methods of all proposed outdoor storage areas and a description of the materials to be stored in such areas.
l. The percentage of landscaped area, building coverage and parking area.
m. Existing and proposed public utilities, easements and drainage improvements.
n. Existing and proposed water and sewer lines, connections and easements.
o. Existing contours at two-foot intervals for slopes up to 10 percent; five-foot intervals for slopes greater than 10 percent.
2. Ten copies of a traffic study, if required by the planning department, prepared to city of Calimesa standards.
3. Ten copies of the preliminary grading plan showing building orientations and footprints of structures.
4. Ten copies of all floor plans for each proposed structure.
5. One copy of colored architectural elevations.
6. Ten copies of the landscaping plans indicating the species, container size and quantity of proposed plant materials, and design of the irrigation system. All landscaping plans shall be prepared by a qualified landscape architect.
7. Ten copies of the fencing plans.
8. One set of color and materials board showing examples of the colors and materials of the building exteriors.
9. An eight-and-one-half-inch by 11-inch legible transparency of all plans required by this section.
10. All copies of the site plans, floor plans, architectural elevations and landscape plans required by this section shall be folded to an eight-and-one-half-inch by 11-inch size. Unfolded plans will not be accepted and shall be cause for a rejection of a development plan application as incomplete.
11. In the event the city determines the development plan review is subject to the provisions of the California Environmental Quality Act (“CEQA”), the applicant shall submit the following:
a. A list of property owners according to the county of Riverside’s latest equalized assessment roll for each of the properties located within 300 feet of the applicant’s property, and three sets of mailing labels.
b. If the project is an industrial project, a complete narrative description of all industrial processes to be conducted on the site, including all raw, intermediate, and hazardous materials used or stored on the site, as well as all possible contaminants to the environment, such as noise, dust or vapors. Failure to disclose this information completely could result in denial of the application or revocation if already approved. If the project requires approval of other agencies such as the Regional Water Quality Control Board, Air Quality Management District, health department or the EPA, information pertaining to these approvals must be submitted.
12. Any written statement in support of the development which the applicant desires to present, and any other documents which the planning director finds reasonable and necessary under the circumstances to protect the public health, safety and welfare.
13. A fee in an amount as the city council may, from time to time, determine by resolution shall accompany each application. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.03.]
18.90.050 Application for a minor development plan approval.
A. Applications for minor development plan review shall include, but are not limited to, the following types of development:
1. Repealed by Ord. 264.
2. Land use or increase in size of an existing commercial or industrial building resulting in the need for one to five additional parking spaces.
3. Construction of commercial or industrial buildings on preapproved development pads.
4. Construction of accessory buildings in excess of 650 square feet and/or 18 feet in height.
5. As specifically stated in the Calimesa development and zoning codes.
B. Each minor development plan review application shall be completed on forms supplied by the city and accompanied by the following documents:
1. Ten copies of the site plan, drawn to standard engineering scale (one inch equals 30 feet), depicting the following:
a. Lot dimensions and the location of all existing on-site and off-site structures (within 25 feet of lot line) with distances to the nearest lot lines.
b. The location, height and construction material of all walls and fences on site excluding building structures.
c. The location, number of spaces and internal circulation pattern for all on-site parking together with the location of any off-site parking.
d. The width and location of all driveways on-site and on adjacent properties, the public rights-of-way, the nearest street intersection, and the design of all ingress and egress routes.
e. The location of all proposed landscaped areas.
f. The proposed use of each structure and the amount of square footage devoted to each use.
g. The design and location of all areas or improvements to be made available for public use or dedicated to a public agency or utility, such as the location of public telephones.
h. The location, design and construction materials of all trash enclosures.
i. The design and location of all signs, exterior lighting and pedestrian walkways.
j. The location of all existing and proposed fire hydrants as required by the fire department.
k. The location and screening methods of all proposed outdoor storage areas and a description of the materials to be stored in such areas.
l. The percentage of landscaped area, building coverage and parking area.
m. Existing and proposed public utilities, easements and drainage improvements.
n. Existing and proposed water and sewer lines, connections and easements.
o. Existing contours at two-foot intervals for slopes up to 10 percent; five-foot intervals for slopes greater than 10 percent.
2. Ten copies of the preliminary grading plan showing building orientations and footprints of structures.
3. Ten copies of all floor plans for each proposed structure.
4. One copy of colored architectural elevations.
5. Ten copies of the landscaping plans indicating the species, container size and quantity of proposed plant materials, and the design of irrigation system. All landscaping plans shall be prepared by a qualified landscape architect.
6. Ten copies of the fencing plans.
7. One set of color and materials board showing examples of the colors and materials of the building exteriors.
8. An eight-and-one-half-inch by 11-inch legible transparency of all plans required by this section.
9. All copies of the site plans, floor plans, architectural elevations and landscape plans required by this section shall be folded to an eight-and-one-half-inch by 11-inch size. Unfolded plans shall not be accepted and shall be cause to determine a development plan application incomplete.
10. In the event the city determines the development plan review is subject to the provisions of the California Environmental Quality Act (“CEQA”), the applicant shall submit the following:
a. A list of property owners according to the county of Riverside’s latest equalized assessment roll for each of the properties located within 300 feet of the applicant’s property.
b. If the project is an industrial project, a complete narrative description of all industrial processes to be conducted on the site, including all raw, intermediate, and hazardous materials used or stored on the site, as well as all possible contaminants to the environment, such as noise, dust or vapors. Failure to disclose this information completely could result in denial of the application or revocation if already approved. If the project requires approval of other agencies such as the Regional Water Quality Control Board, Air Quality Management District, health department or the EPA, information pertaining to these approvals must be submitted.
11. Any written statement in support of the development which the applicant desires to present, and any other documents which the planning director finds reasonable and necessary under the circumstances to protect the public health, safety and welfare.
12. A fee in an amount as the city council shall, from time to time, determine by resolution shall accompany each application. [Ord. 286 §§ 4, 5, 2009; Ord. 264 §§ 3, 4, 2007; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.05.]
18.90.060 Application for a single-family home development plan approval.
An application for a single-family home development plan approval shall be completed on forms supplied by the city and accompanied by the following documents:
A. Five copies of the site plan, drawn to standard engineering scale (one inch equals 30 feet), depicting the following:
1. Lot dimensions and the location of all existing structures with distances to the nearest lot lines.
2. The location, height and construction material of all walls and fences.
3. The width of all driveways, the public rights-of-way, the nearest street intersection, and the design of all ingress and egress routes.
4. The proposed use of each structure and the amount of square footage devoted to each use.
5. The design and location of all areas or improvements to be made available for public use or dedicated to a public agency or utility.
6. The location of all existing and proposed fire hydrants.
7. The building coverage and parking area.
8. Existing and proposed public utilities.
9. Existing and proposed water and sewer lines and connections.
B. One copy of colored architectural elevations.
C. Five copies of the grading plan if the development is located within the hillside development area to be reviewed and approved by the city engineer pursuant to the city’s hillside development standards.
D. A fee in an amount as the city council shall, from time to time, determine by resolution shall accompany each application. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.06.]
18.90.070 Application procedure.
A. Within 30 days after submittal of a development plan application, the planning director, or his designated representative, shall review the application to determine if it is complete pursuant to the requirements of this chapter. If the application is found to be complete, it shall be deemed filed and the applicant shall be given written notice thereof. If the application is found to be incomplete, the applicant shall be given written notice thereof with a statement of the reasons therefor. No application shall be deemed filed until it is found to be complete.
B. Upon filing a development plan application, the planning director, or his designated representative, may distribute the application to any or all of the following agencies for review and comment:
1. Riverside County flood control.
2. Riverside County fire department.
3. All local school districts.
4. Any other governmental agencies having jurisdiction over the proposed development area or an interest in the development.
5. Distribution shall also be made to the city’s engineering, building, public works and police department for review and comment.
C. Upon receipt of comments from any reviewing governmental agencies, the planning director shall formulate such conditions as he or she may deem necessary for approval. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.07.]
18.90.080 Required findings for approval.
No development plan application shall be approved unless the applicant provides substantial evidence to support all of the following findings:
A. The development plan application is consistent with the city’s general plan, applicable specific plans, zoning and all federal, state and local laws and regulations.
B. The design of the site plan is safe, functional and environmentally sensitive to the surrounding properties. Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:
1. Orientation and location of buildings and open space.
2. Vehicle access.
3. Circulation, parking and loading.
4. Building heights.
5. Design of walls and fences.
6. Preservation of natural landforms and vegetation.
7. Protection and enhancement of historic, archeological and cultural resources.
8. Minimization of environmental impacts.
9. Fiscal and economic impacts.
10. Pedestrian amenities.
C. The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
1. The scale, character and quality of the design of the development.
2. The appropriate use of design elements including line, mass, contour, texture and colors.
3. The appropriate use of design principles including unity, diversity, repetition, emphasis, symmetry or asymmetry to achieve a pleasing effect.
4. Harmony with surrounding structural elements.
5. Screening of exterior structural elements.
6. Lighting design.
7. Energy conservation.
8. Quality of the floor plans.
D. The landscaping plan ensures visual relief and provides an attractive environment for the public’s enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:
1. Location, type, size, color, texture and coverage of plant material.
2. Provision for irrigation, maintenance and protection of existing and proposed landscaped areas.
3. Screening of buildings and structures so as to relate them more closely to the natural environment.
4. Minimization and concealment of utility and mechanical features.
5. Preservation of native vegetation, significant ecological areas and environmental features.
6. Water conservation. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.08.]
18.90.090 Approval of minor and single-family home development plans by the planning director.
Based upon the findings required by this chapter, the planning director may approve, conditionally approve or deny the following minor development and single-family home development plan applications:
A. Single-family homes when not in conjunction with residential tract map developments or in the hillside development area.
B. Commercial development or expansion which requires or adds five or less vehicular parking spaces.
C. Industrial development or expansion which requires or adds five or less vehicular parking spaces. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.09.]
18.90.100 Approval of development plans and minor development plans by the planning commission.
A. Based on the findings required by this chapter, and oral and written testimony presented at a public hearing, the planning commission may approve, conditionally approve or deny all development plan applications, including but not limited to:
1. New residential subdivision development for architectural/design review and precise grading plans.
2. Multifamily development, including duplexes, triplexes, and apartment complexes.
3. Commercial, administrative and professional office, industrial and institutional development.
4. Condominium and condominium conversion development.
5. Additions to commercial, administrative and professional office, industrial, institutional and multifamily development, which require the addition of more than five vehicular parking spaces or exceed 25 percent of the replacement cost of existing on-site structures and buildings. “Replacement cost” shall be determined by the building and safety department.
6. Change in use of an existing building requiring the addition of over five vehicular parking spaces.
7. Planned unit overlay projects.
B. Upon filing of a development plan application, the planning director shall set the matter for public hearing by the planning commission. Notice, stating the date, time and place of the hearing, and a brief description of the matter to be heard, shall be published at least once in a newspaper of general circulation within the city not less than 10 days before the hearing. Written notice shall be mailed not less than 10 days prior to the hearing to all property owners, as shown on the last equalized assessment roll, within a radius of 300 feet of the exterior boundaries of the proposed development. The list of such owners shall be certified by a title company. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.10.]
18.90.110 Expiration and automatic extension.
A. Expiration. Except as provided in subsection (B) of this section, development plans that have not been used shall expire two years after the date of initial approval. Submittal of revisions after initial approval shall not extend the expiration date unless a new public hearing is required. The permittee may, at least 30 days prior to expiration of the permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department and accompanied by the fee set forth by resolution of the city council. The commission may grant a 12-month extension based upon a determination that a valid reason exists for the approved development plan review application not being used within the required period of time. The total time allowed for the use of the development plan review application shall not exceed a period of three years, calculated from the date of application approval. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.
B. Automatic Extensions.
1. First Automatic Extension – 2009. The expiration date of all development plan review approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2012.
2. Second Automatic Extension – 2011. The expiration date of all development plan review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2014. [Ord. 318 § 5, 2011; Ord. 293 § 2, 2009; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.11.]
18.90.120 Appeal.
A. Any person aggrieved by a final decision of the planning director may appeal the decision to the planning commission. A written notice of appeal concisely stating the facts of the case and the grounds of appeal shall be filed with the city clerk within 30 days of the decision appealed from. Within 10 days, the city clerk shall notify the appellant of the costs of the appeal as estimated by the city manager. Upon receipt of the appellant’s deposit for the cost of the appeal, the city clerk shall set the matter for hearing at a regular meeting of the planning commission and shall give the appellant written notice of the time and place of the hearing at least five days before the hearing.
B. Any person aggrieved by a final decision of the planning commission may appeal the decision to the city council. A written notice of appeal concisely stating the facts of the case and the grounds of appeal shall be filed with the city clerk within 30 days of the decision appealed from. Within 10 days the city clerk shall notify the appellant of the costs of the appeal as estimated by the city manager. Upon receipt of the appellant’s deposit for the cost of the appeal, the city clerk shall set the matter for hearing at a regular meeting of the city council and shall give the appellant written notice of the time and place of the hearing at least five days before the hearing. The decision of the city council after the appellant has had the opportunity to be heard is final. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.12.]