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La Verne City Zoning Code

CHAPTER 18

16 DEVELOPMENT REVIEW

§ 18.16.010 Development review-Purpose and intent.

The city council finds that development review is required to protect the public health, safety and welfare. Development review ensures that development is consistent with the general plan, applicable zoning and specific plans. It implements hillside, tree preservation, architectural, site planning, circulation, landscaping and other planning policies. Development review shall be performed by either the community development director of the development review committee, as specified in this chapter.
(Ord. 753 § 6, 1988)

§ 18.16.020 Development review committee-Created.

The development review committee is established to perform design reviews and provide technical assistance to the city council, commissions and the public.
(Ord. 753 § 6, 1988)

§ 18.16.030 Development review-Authority.

The community development director or development review committee shall be empowered to approve, conditionally approve or deny precise plan applications subject to the findings contained in Section 18.16.100. The development review committee shall be empowered to review and recommend tentative maps, general plan amendments, zone changes, specific plans, conditional use permits, variances, street names, vacations of public rights-of-way and related policy matters. The community development director or development review committee shall recommend appropriate action to respective commissions and the city council.
(Ord. 753 § 6, 1988)

§ 18.16.040 Development review committee-Membership.

The development review committee shall consist of one member each from community development, public works and city engineering. A quorum shall consist of two voting members. One member of the community development department staff shall serve as advisory personnel on each project. The advisory personnel may recommend an action to the development review committee, but shall not be empowered to vote.
(Ord. 753 § 6, 1988)

§ 18.16.050 Precise plans-When required.

In all zones no person shall commence any new use, no building permit shall be issued or any use intensified, until a precise plan has been approved. For purposes of this chapter "intensification of use" means enlargement, exterior alterations or increases in required parking. No building or occupancy permits shall be issued for any site or structure to be used for, or in conjunction with, any such use, until a precise plan has been approved. Precise plans for signs shall be governed by Chapter 17.12 of this code.
(Ord. 753 § 6, 1988)

§ 18.16.060 Precise plans-Exemptions.

The following development is exempt from precise plan review and approval. These developments shall conform to Title 15 of this code, specific plans, business license and applicable provisions of this code. These exemptions are as follows:
A. 
First floor room additions in areas designated for single-family residential development, either by zoning or specific plan, when not directly visible from public rights-of-way, when designed to match to existing exterior;
B. 
Patios, second-story decks, gazebos, landscape components and fencing in areas designated for single-family residential development, either by zoning or specific plan;
C. 
Pools and spas in areas designated for single-family residential development, either by zoning or specific plan;
D. 
Commercial, industrial and office additions, for which no change in intensity of use or additional vehicular parking is required, such as the construction of trash enclosures and interior remodels;
E. 
Multifamily and mixed use residential developments consistent with the standards under Chapter 18.126, are exempt from the criteria contained in Section 18.16.100; and
F. 
Any other development of similar scale and impact, as determined by the community development director, with the concurrence of the development review committee; provided, that no development explicitly subject to review under Section 18.16.070 or 18.16.080 shall be exempted under this section.
(Ord. 753 § 6, 1988; Ord. 25-1129, 2/18/2025)

§ 18.16.070 Community development director-Precise plan review.

The community development director or designee shall be empowered to approve, conditionally approve, or deny precise plan applications, subject to the criteria contained in Section 18.16.100, as follows:
A. 
Room additions in areas designated for single-family residential development, either by zoning or specific plan, when two-stories in height or when directly visible from public rights-of-way;
B. 
Patios, room additions and accessory structures in areas designated for multifamily residential development, either by zoning or specific plan;
C. 
Single-family homes, when not in conjunction with residential subdivision developments;
D. 
Commercial and industrial interior and exterior remodels, when not subject to Section 18.16.060(D);
E. 
Institutional interior and exterior remodels, when not exempted by the written provisions of the applicable master plan approved by the city for the land in question;
F. 
Landscape renovation plans and landscape concept plans, on properties for which a landscape plan has been required by ordinance or conditions of discretionary approval;
G. 
Solar collectors as regulated by Chapter 18.106 of this code;
H. 
Any other development of similar scale and impact, as determined by the community development director with the concurrence of the development review committee; provided, that no development explicitly subject to review under Section 18.16.080 shall be subject to review under this section.
(Ord. 753 § 6, 1988)

§ 18.16.080 Development review committee-Precise plan review.

The development review committee shall be empowered to approve, conditionally approve or deny precise plan applications subject to the criteria contained in Section 18.16.100, as follows:
A. 
Residential single-family homes in connection with new subdivision development;
B. 
Multifamily development;
C. 
Commercial, office, industrial, institutional and official construction;
D. 
Other uses and development not governed by Sections 18.16.060 or 18.16.070 of this chapter;
E. 
As a part of its approval of a complete renovation of an existing landscape program less than twenty years old on commercial or industrial sites, the development review committee may allow the removal of significant trees, as defined in Section 18.78.020, without compliance with the requirements of Chapter 18.78. Nothing in this section shall be construed to allow the removal of heritage trees, as defined in Section 18.78.020, without compliance with Chapter 18.78.
(Ord. 753 § 6, 1988; Ord. 810 § 2, 1990)

§ 18.16.090 Precise plan application-Contents.

Precise plans shall be filed with the community development department together with a filing fee, as established by resolution of the city council. The application shall be accompanied by the information and materials determined necessary by the community development director, including but not limited to site plan, floor plan and elevations.
(Ord. 753 § 6, 1988)

§ 18.16.100 Precise plans-Findings.

A. 
To grant precise plan approval, the development review committee or the community development director must find from the facts presented that the following circumstances exist:
1. 
The subject application is consistent with the general plan and conforming to all specific plan, zoning, other applicable ordinances and subdivisions requirements and resolutions.
2. 
The site plan is safe, functional and environmentally sensitive to the surroundings. Grading, where required, minimizes environmental damage to the extent possible.
For purposes of this finding the approving body shall consider, but not be limited to, the following:
a. 
Orientation and location of buildings and open space;
b. 
Vehicle, pedestrian and bicycle 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 and bicycle amenities.
3. 
The architecture proposed observes community standards and protects the character of adjacent development.
For the purposes of this finding the approving body shall consider, but not be limited to, the following:
a. 
The scale, character and quality of the design;
b. 
The appropriate use of design elements including line, mass, contour, light and dark, point, texture and color;
c. 
The appropriate use of design principles including unity, diversity, repetition, emphasis, symmetry or asymmetry to achieve a pleasing effect;
d. 
Harmony with surrounding development of the site, landscape and grading plans;
e. 
Screening of exterior structural projections;
f. 
Lighting design;
g. 
Energy conservation;
h. 
Quality of the floor plans for livability.
4. 
The landscaping plan ensures visual relief, providing an attractive environment for the public's enjoyment.
For purposes of this finding, the approving body shall consider, but not be 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 landscape areas;
c. 
Screening of buildings and structures so as to relate them more closely to the natural environment;
d. 
Minimization and concealment of grading and mechanical features;
e. 
Preservation of native vegetation, significant ecological areas and environmental features;
f. 
Water Conservation. Landscape plans shall conform substantially to the requirements of the city's adopted "Water-Efficient Landscaping" provisions listed in the city's landscape design guidelines and standards.
5. 
Defensible space measures to provide a safe environment. For purposes of this finding, the approving body shall consider, but not be limited to the following, where appropriate:
a. 
Perimeter boundaries that are difficult to penetrate;
b. 
A limited number of well-defined entry points;
c. 
Mechanical/electronic surveillance where needed and appropriate;
d. 
Adequate but not obtrusive lighting of entry points, parking areas, and pedestrian paths;
e. 
Design that encourages a sense of personal territory and allows informal surveillance by residents, and has clearly defined, well-placed private and communal spaces;
f. 
Highly visible lobbies, communal outdoor spaces, garages, laundry rooms.
B. 
The burden of proof to establish finding of fact pursuant to subsection A of this section shall rest exclusively with the applicant. The application shall contain a written statement outlining any fact or arguments in support of the precise plan which the applicant desires to make. The applicant's failure to provide written documentation shall constitute sufficient grounds for precise plan denial.
C. 
The community development director of the development review committee shall deny precise plan approval if it cannot conclusively establish that any one or more of the required findings is present. The approving body's written determination shall include substantive explanation of its reasons for denial.
D. 
Following precise 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. 753 § 6, 1988; Ord. 904 §§ 3, 4, 1997; Ord. 25-1129, 2/18/2025)

§ 18.16.110 Precise plans-Processing.

A. 
The community development director or the development review committee shall review the precise plan application for conformance with the city's general plan, zoning laws, applicable specific plan regulations and the criteria in Section 18.16.100. In order to complete the process the applicant may be required to clarify, amplify, revise, correct or otherwise supplement the information required for the application.
B. 
Within thirty calendar days after filing of the application the community development director shall determine in writing the completeness of the application. If determined incomplete, the application shall only be determined complete after receipt of the supplemental information. If the applicant fails to provide any materials within one hundred eighty days, the application shall be deemed denied by operation of this section.
C. 
The decision of the community development director shall be made thirty days after an application is determined complete. The decision of the development review committee shall be made in an expeditious manner after an application is determined complete. In consideration of the decision, the community development director or development review committee shall rely upon the findings as contained in Section 18.16.100 of this chapter.
D. 
The decision of the community development director or development review committee, together with the findings of fact, shall be made in writing and shall be kept on file with the community development department. A copy of the decision and findings shall be mailed to the applicant and to any person who has made a written request for such notice. The decision shall be final ten days thereafter, unless the decision is appealed in accordance with Section 18.16.140.
(Ord. 753 § 6, 1988)

§ 18.16.120 Development review-Conditions.

When considering development review or in approving a precise plan the community development director or development review committee shall be empowered to impose conditions to ensure conformance with the requirements of the general plan, zoning ordinance, applicable specific plan and this code.
(Ord. 753 § 6, 1988)

§ 18.16.130 Precise plans-Time limits.

A. 
Precise plan approval shall expire one year from the date on which the approval was final. The community development director may grant an extension of the precise plan for a period not exceeding one year, providing that he finds there has been no change in the conditions of, or findings for, precise plan approval.
B. 
A written request for time extension may be filed, if received by the community development director not less than thirty days or more than forty-five days prior to the precise plan expiration date.
(Ord. 753 § 6, 1988)

§ 18.16.140 Precise plans-Appeal procedures.

A. 
The applicant, any interested person or any member of the city council may appeal the decision made by the community development director or the development review committee.
B. 
Within ten calendar days after mailing of the decision, the applicant or any interested person may appeal the decision to the city council by filing a written appeal with the city clerk, with the appropriate filing fee. The city clerk shall transmit one copy of the appeal to the community development director and one copy to the applicant, in the event the applicant is not the appellant. The written appeal shall specify the person making the appeal, the decision appealed from and shall state the reasons for the appeal. Appeals shall be limited to the action beyond the authority of the decisionmaking body, action based on incorrect facts or the fact that the decision violates provisions of law.
C. 
Within ten calendar days after the mailing of the decision any member of the city council may appeal a decision and request review by the council. Thereupon, the city clerk shall give written notice to the community development director and the applicant and set the matter for review by the city council within thirty days.
D. 
After filing of an applicant's or any interested person's appeal the city clerk shall transmit the appeal to the community development department for a report detailing the facts of the appeal. The community development director's report shall be filed within thirty days for review by the city council. After reviewing the facts, the city council may decide to either hear the appeal, hear the appeal in part or not hear the appeal by minute motion.
E. 
The appeal hearing shall be held within thirty days after the city council's decision to hear the appeal, unless the thirty-day time limit is waived by the appellant. Not less than ten days before the date set for the hearing, notice of the date, time and place of the hearing shall be mailed by the city clerk to the appellant. Notice shall also be mailed to the applicant in the event the applicant is not the appellant, and to any person who has made a written request for such notice.
F. 
After the hearing and before making a final decision, the city council may refer the precise plan or request for extension back to the community development director or the development review committee for further consideration. The city council may affirm in whole or part, modify or reverse the decision of the community development director or development review committee.
(Ord. 753 § 6, 1988)