Chapter 18.90
DEVELOPMENT PLAN REVIEW

Sections:

18.90.010    Purpose.

18.90.020    Unapproved development prohibited.

18.90.030    Minor development plan review.

18.90.040    Major development plan review.

*    Prior legislation: Ords. 264, 286, 293 and 318; Code 1990 §§ 9.13.03, 9.13.05 – 9.13.12.

18.90.010 Purpose.

The city council finds and declares that the public health, safety, and welfare requires that 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 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. 342 § 3 (Exh. A), 2016; 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 development, construct a sign, obtain a building permit or certificate of occupancy, or intensify any use until a development plan therefor has been approved. [Ord. 342 § 3 (Exh. A), 2016; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.02.]

18.90.030 Minor development plan review.

A. Purpose. The purpose of this section is to provide a process to consider minor site plan or architectural changes related to new or existing buildings.

B. Applicability. A minor development plan review permit is required for the following types of development:

1. Single-family homes when not in conjunction with residential tract map developments and not subject to the hillside development requirements of this zoning code.

2. Exterior remodel of commercial, administrative and professional office, industrial, institutional, and multifamily buildings or structures.

3. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:

a. An increase or decrease of the existing number of parking spaces by 10 percent or less, not associated with changes in the buildings or uses served by the parking area.

b. An increase or decrease of the existing floor area by 10 percent or less, up to a maximum of 5,000 square feet.

c. An increase of the existing building height by 10 percent or less.

d. An increase in the existing density for residential projects by 10 percent or less.

e. A change in use of an existing building requiring the increase of the existing number of parking spaces by 10 percent or less.

4. Construction of accessory buildings not more than 1,200 square feet in size and/or 18 feet in height in nonagricultural zone districts.

5. Construction of accessory buildings in agricultural zone districts.

6. Concept plan, in accordance with Chapter 18.28 CMC, Mixed Use Zone Districts.

7. Signs, in accordance with Chapter 18.50 CMC, Sign Regulations.

8. Master sign programs, in accordance with Chapter 18.50, Sign Regulations.

9. Accessory dwelling units.

10. As specifically stated in this title.

C. Exemptions. The following structures are exempt from minor development plan review. However, such structures may require zoning clearance to ensure compliance with applicable zoning code provisions, or may be subject to compliance with conditions of an existing conditional use permit or other permit issued pursuant to this code or other city ordinance. A building permit may also be required.

1. Room additions in areas designated for single-family residential development, unless located in an area subject to the hillside development requirements of this zoning code.

2. 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.

3. Pools and spas in areas designated for single-family residential development, unless located in an area subject to the hillside development requirements of this zoning code.

4. A change in use of an existing building that would not result in any additional parking spaces or an exterior remodel to any buildings or structures where such exterior remodel is consistent with any applicable specific plan or other condition previously imposed on the building or structure. (Note: Some uses require other discretionary approvals such as a conditional use permit; this requirement is not affected by this exemption from minor development plan review.)

D. Approving Authority. Subject to subsection (C) of this section, the planning director shall be the designated approving authority for minor development plan review. The planning director shall approve, approve with conditions, or deny applications for minor development plan review. Minor development plan review approval is required prior to issuance of any ministerial building permits or site improvement plans. Minor development plan review approval is required prior to or in conjunction with discretionary action on any development applications (e.g., conditional use permit, variance, etc.).

E. Planning Director – Elevation to Planning Commission. The planning director may elevate a minor development plan review permit to the planning commission for review and consideration for any reason. In such instances, the permit request shall become a major development plan review. The director’s decision to elevate a minor development plan review to the planning commission may be appealed as provided for this in zoning code.

F. Application. The planning director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a minor development plan review shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

G. Findings. Approval of a minor development plan review shall not be granted unless the designated approving authority makes all of the following findings in writing:

1. 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.

2. 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:

a. Orientation and location of buildings and open space.

b. Vehicle access.

c. Circulation, parking, and loading.

d. Building heights.

e. Design of walls and fences.

f. Preservation of natural landforms and vegetation.

g. Protection and enhancement of historic, archaeological, and cultural resources.

h. Minimization of environmental impacts.

i. Fiscal and economic impacts.

j. Pedestrian amenities.

3. 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:

a. The scale, character, and quality of the design of the development.

b. The appropriate use of design elements, including line, mass, contour, texture, and colors.

c. The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

d. Harmony with surrounding structural elements.

e. Screening of exterior structural elements.

f. Lighting design.

g. Energy conservation.

4. 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:

a. Location, type, size, color, texture, and coverage of plant material.

b. Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

c. Screening of buildings and structures so as to relate them more closely to the natural environment.

d. Minimization and concealment of utility and mechanical features.

e. Preservation of native vegetation, significant ecological areas, and environmental features.

f. Water conservation.

H. Amendments and Revisions. Amendments proposed to a previously approved minor development plan review shall be processed in accordance with CMC 18.15.110, Minor modifications.

I. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals.

J. Expiration and Extensions.

1. Expiration. Except as provided in subsections (J)(2) and (3) of this section, minor 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 application is required for filing. 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.

2. Automatic Extensions. Automatic Extension – 2011. The expiration date of all minor 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 minor development plan review approval that is granted on or after January 1, 2014.

3. Time Extension. The planning director, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved minor development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the planning department in accordance with CMC 18.15.020, Application. The total time allowed for the use of the minor development plan review shall not exceed a period of three years, calculated from the date of initial approval. [Ord. 357 § 10, 2018; Ord. 342 § 3 (Exh. A), 2016.]

18.90.040 Major development plan review.

A. Purpose. The purpose of this section is to provide a process for the review of development projects within the community. The provisions are intended to promote the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation and land values by ensuring proper attention is given to site and architectural design.

B. Applicability. A major development plan review permit is required for the following types of development:

1. Master home plans for single-family residential subdivisions, including architectural/design review and precise grading plans.

2. Multifamily development, including duplexes, triplexes, and apartment complexes.

3. Condominium and condominium conversion development.

4. All new commercial, administrative and professional office, industrial, and institutional development, including rebuilding of a structure from a demolition.

5. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:

a. An increase or decrease of the existing number of parking spaces by more than 10 percent.

b. An increase or decrease of the existing floor area by more than 10 percent.

c. An increase of the existing building height by more than 10 percent.

d. An increase in the existing density for residential projects by more than 10 percent.

e. A change in use of an existing building requiring the increase of the existing number of parking spaces by more than 10 percent.

6. Planned residential development overlay project.

7. All projects subject to a concept plan, in accordance with Chapter 18.28 CMC, Mixed Use Zone Districts.

8. Pole signs, in accordance with Chapter 18.50 CMC, Sign Regulations.

9. Signs exceeding 16 feet in height, in accordance with Chapter 18.50 CMC, Sign Regulations.

10. As specifically stated in the Calimesa zoning code.

C. Exemptions. Anything subject to minor development plan review or exempt from minor development plan review is exempt from major development plan review, unless elevated in accordance with CMC 18.90.030(E).

D. Approving Authority. Except as otherwise provided in CMC 18.90.030(E), the planning commission shall be the designated approving authority for major development plan review. The planning commission shall approve, approve with conditions, or deny applications for major development plan review. Major development plan review approval is required prior to issuance of any building permits or site improvement plans. Major development plan review approval is required prior to or in conjunction with discretionary action on corresponding development applications.

E. Application. The planning director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a major development plan review shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

F. Findings. Major development plan review shall not be approved unless the designated approving authority makes all of the following findings in writing:

1. 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.

2. 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:

a. Orientation and location of buildings and open space.

b. Vehicle access.

c. Circulation, parking, and loading.

d. Building heights.

e. Design of walls and fences.

f. Preservation of natural landforms and vegetation.

g. Protection and enhancement of historic, archaeological, and cultural resources.

h. Minimization of environmental impacts.

i. Fiscal and economic impacts.

j. Pedestrian amenities.

3. 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:

a. The scale, character, and quality of the design of the development.

b. The appropriate use of design elements, including line, mass, contour, texture, and colors.

c. The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

d. Harmony with surrounding structural elements.

e. Screening of exterior structural elements.

f. Lighting design.

g. Energy conservation.

4. 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:

a. Location, type, size, color, texture, and coverage of plant material.

b. Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

c. Screening of buildings and structures so as to relate them more closely to the natural environment.

d. Minimization and concealment of utility and mechanical features.

e. Preservation of native vegetation, significant ecological areas, and environmental features.

f. Water conservation.

G. Amendments and Revisions. Amendments proposed to a previously approved major development plan review shall be processed in accordance with CMC 18.15.110, Minor modifications.

H. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals.

I. Expiration and Extensions.

1. Expiration. Except as provided in subsections (I)(2) and (3) of this section, major 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 application is required for filing. 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.

2. Automatic Extensions. Automatic Extension – 2011. The expiration date of all major 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 major development plan review approval that is granted on or after January 1, 2014.

3. Time Extension. The planning commission, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved major development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the planning department in accordance with CMC 18.15.020, Application. The total time allowed for the use of the major development plan review shall not exceed a period of three years, calculated from the date of application approval. [Ord. 342 § 3 (Exh. A), 2016.]