Temecula City Zoning Code
CHAPTER 17
05 DEVELOPMENT PLANS
§ 17.05.010 Development plans.
A.
Purpose and Intent. The purpose of this section is to establish the requirements and processing procedures for a development plan. The development plan process provides a mechanism by which all new construction or remodeling of industrial, commercial or multiple-family residential development can be reviewed for consistency with the general plan, and the design standards and performance standards of this development code.
A development plan is intended to promote compatibility in planning and building design throughout the community and to provide a method of encouraging and implementing developments with a high level of design quality.
B.
When Required.
1.
When no other discretionary permit is required, a development plan shall be required for all residential development (excluding individual single-family homes as provided below) and for all commercial or industrial developments.
2.
Development of an individual residential project (i.e., custom home or speculative house) is exempt from the development plan process. Residential development projects (merchant built subdivisions) for which a tentative tract or parcel map is or was required, are not exempt from submitting a development plan.
3.
When several permits or multiple applications are required for the same project, a combined hearing and review process may be permitted. However, separate applications shall be filed for each action requested.
4.
A development plan may be required for conditional use permits and for variances where new development is consistent with subsection (B)(3) of this section.
C.
Application Requirements. Applications for all development plans shall be completed in accordance with Section 17.03.030 of this development code.
D.
Hearing Procedures for Approval of a Development Plan.
1.
Approval by the Director of Planning. When a proposed project is less than ten thousand square feet of new building area or is the review of single-family tract homes, and requires a negative declaration, EIR, or other action under CEQA, the director of planning shall have the authority to approve, approve conditionally, or deny the project. The director of planning will conduct a noticed public hearing prior to making a determination on the application.
All decisions of the director of planning are subject to appeal to the planning commission pursuant to Chapter 17.03. For projects that may have special community impacts or other unique circumstances, the director of planning may refer the application to the planning commission for consideration.
2.
Approval by the Planning Commission. Projects that are ten thousand square feet or greater of new building area shall be reviewed by the planning commission at a noticed public hearing. The planning commission shall have the authority to approve, conditionally approve or deny the project. Decisions of the planning commission are subject to appeal to the city council pursuant to Chapter 17.03.
E.
Notice of Decision. Notice of decision upon an application for a development plan shall be in accordance with Section 17.03.040(E) of this development code.
F.
Findings. The planning commission or director of planning shall approve, or conditionally approve a development plan application in whole or in part, only if all of the following findings are made:
G.
Expiration of Development Plans. Within three years of development plan approval, commencement of construction shall have occurred or the approval shall become null and void.
H.
Time Extensions. The director of community development may, upon an application being filed prior to the expiration, grant a time extension of one year (up to five extensions may be granted). Upon granting the extension, the director of community development shall ensure that the development plan complies with all development code provisions.
1.
For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the director of community development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the director of community development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the director of community development to be affected by the application.
2.
For matters that are considered to have special significance or impact, the director of community development may refer such items to the planning commission for consideration at a noticed public hearing.
3.
A request for an extension of time beyond the fifth approval of an extension of time may be granted by the city council at a public hearing.
4.
A modification made to an approved development plan does not affect the original approval date of a development plan.
5.
Any development plan which was approved in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension of time approved for the tentative map, whichever occurs later.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(T) and (U); Ord. 01-14 § 2; Ord. 06-06 § 6(C); Ord. 10-07 § 30; Ord. 15-12 § 4)
§ 17.05.020 Administrative approval of development plan.
A.
Purpose and Intent. The purpose of this section is to provide for the administrative approval of projects which, because of their limited size and scope, have minor aesthetic, land use or traffic implications and do not create significant impacts on public utilities or services. The administrative review process is intended to assure that such limited projects comply with all applicable city standards and ordinances, yet provide a streamlined review procedure.
B.
When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, accessory dwelling units, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05.
C.
Application Requirements. Applications for administrative approval of development plan shall be completed in accordance with Section 17.03.030 of this development code.
D.
Authority. The director of planning shall have the authority to act upon applications for administrative review in accordance with the provisions of this section.
E.
Hearings and Notice. Within thirty days after accepting a completed application the director of planning shall make a decision to approve, conditionally approve, or deny the request.
F.
Findings. The director of planning shall consider applications for administrative approval and may, with such conditions as are found necessary, approve the project.
In making such determination, the director of planning shall find the proposed use in general accord with the following findings:
1.
That the proposed project is consistent with the objectives and applicable provisions of the development code, and the purpose of the zoning district in which the site is located.
2.
That the proposed project is consistent with the general plan.
3.
That the proposed project together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
G.
Expiration of Administrative Approval. Within three years of administrative approval, commencement of construction shall have occurred or the approval shall become null and void.
H.
Time Extension. The director of community development may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to five one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the director of community development shall ensure that conditions of the administrative approval comply with all current development code provisions.
1.
For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the director of community development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the director of community development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the director of community development to be affected by the application.
2.
A request for an extension of time beyond the fifth approval of an extension of time may be granted by the city council at a public hearing.
3.
A modification made to an approved development plan does not affect the original approval date of a development plan.
4.
Any development plan which was approved in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension of time approved for the tentative map, whichever occurs later.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(V)—(X); Ord. 03-06 § 2; Ord. 08-08 § 22; Ord. 10-07 § 29; Ord. 15-12 § 5; Or. 20-08 § 9)
§ 17.05.030 Modifications to an approved development plan.
A.
Purpose and Intent. The purpose of this section is to establish the requirements and procedures to allow for the modification of an unexpired or vested development plan or conditional use permit. For the purposes of this section, the following changes are not eligible for consideration as an administrative modification: a change in the type of building (commercial, office, industrial), a substantial intensification of the project or type of use, or substantial changes to the project layout or access. Proposed project changes that are not eligible for a modification under this section will require resubmittal of a new application.
B.
Types of Modifications. Modifications to approved development plans are divided into two categories: major and minor. If a proposed modification includes both major and minor modifications, the application shall be considered a major modification. The final decision as to whether a modification is major or minor shall be at the sole discretion of the planning director.
1.
Major modifications to approved development plans include the following types of project changes:
a.
Increasing the height of the building by more than ten feet or one-story;
b.
An increase of more than ten percent of the building footprint and/or floor area;
c.
A substantial change in the architecture of the building or substantial changes to the exterior elevations, including, but not limited to, the locations of windows or doors;
d.
A modification in the approved access to the project site;
e.
The shift of building location that effects the layout and location of the required parking, site access, or substantially changes the conceptual landscape plan;
f.
A change in the number of primary structures;
g.
Changes to a conditional use permit that requires the physical modification of the site.
2.
Minor modifications to approved development plans include the following types of project changes:
a.
An increase of less than ten percent of the building footprint and/or floor area;
b.
A change in the layout of the parking or loading area;
c.
The relocation of windows or doors on one or two wall surfaces;
d.
An adjustment in the location of buildings provided the general location of each building is similar to the approved development plan;
e.
Changes to a conditional use permit that does not require the physical modification of the site.
C.
Application Requirements. Applications for modifying development plans shall be completed in accordance with Section 17.03.030 of this development code.
D.
Procedure for Approval. Minor modifications may be approved administratively and never require a specific notice or consideration at a public hearing. The approval of major modifications requires consideration by the original approval body. Major modifications which were approved at a director hearing may be approved administratively by the director of community development, providing the revised project could have been approved initially by the director of community development. The director of community development may refer any modifications or changes in building design to the planning commission for consideration.
Construction plans that do not adhere to the exact details of an approved development plan shall not be administratively approved without filing an application for a major or minor modification, whichever is applicable. However, if the director of community development determines that changes to an approved development plan are insignificant and they are not specifically cited in subsections (B)(2) and (B)(3) of this section, then an application for a minor modification may not be necessary.
E.
Findings. Approving modifications to an approved development plan shall require the same findings as were made on the original approval.
F.
Expiration of Approval of a Modification to a Development Plan. Within three years of approval of a modification to a development plan, commencement of construction shall have occurred or the approval shall become null and void.
G.
Time Extension. The director of community development may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to five one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the director of community development shall ensure that conditions of the approval comply with all current development code provisions.
1.
For any time extension that extends an approval that was originally approved at a public hearing, notice of the director of community development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the director of community development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the director of community development to be affected by the application.
2.
A request for an extension of time beyond the fifth approval of an extension of time may be granted by the city council at a public hearing.
3.
A modification made to an approved development plan does not affect the original approval date of a development plan.
(Ord. 03-04 § 1; Ord. 06-06 § 6(D; Ord. 19-02 § 12; Ord. 20-08 §§ 10, 11)