Chapter 23.90
PRECISE PLANS—APPROVAL
Sections:
23.90.210 Contents of applications.
23.90.250 Retention of control and maintenance of common areas and facilities.
23.90.270 Dedication and improvements as a condition of approval of precise plans.
23.90.290 Underground utilities.
23.90.300 Staff action on precise plans for minor site improvements and minor changes in use.
23.90.400 Planning commission action.
23.90.500 City council action.
23.90.610 Expiration of previous approvals.
23.90.700 Minor modifications.
23.90.100 Preliminary review.
Prior to applying for precise plan approval, the potential applicant shall communicate with the department of community development concerning the proposed development. At the request of either the potential applicant or the director of community development, and subject to acceptance by the planning commission, the matter may be placed upon the agenda of the planning commission for presentation and discussion only. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.200 Applications.
An application for precise plan approval together with any required fees shall be filed with the director of community development and the application shall be reviewed and processed by the director only when all the required information and material is submitted. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.210 Contents of applications.
An application for precise plan approval shall contain the following information and material; provided, however, that the director of community development may accept such less comprehensive information and material, as is sufficient in his opinion to depict the unique characteristics of the site and its proposed development and use:
(1) Base map (Scale one inch equals one hundred feet). Five copies of a base map indicating the applicant’s parcel and adjacent parcels within seven hundred feet of the exterior boundaries of the applicant’s parcel as follows:
(a) Three unmarked copies,
(b) One copy showing the existing land uses of all parcels within seven hundred feet of the exterior boundaries of the applicant’s parcel,
(c) One copy showing each parcel within five hundred feet of the exterior boundaries of the applicant’s parcel numbered to correspond to the information on a list of property owners to be submitted by the applicant as provided below;
(2) Mailing list. The applicant shall type onto gummed labels to be furnished by the city, a list of names and addresses of all parcel owners and residents within five hundred feet of the exterior boundary of the applicant’s parcel. Each gummed label shall be numbered to correspond to the parcel as shown on the base map. The names and addresses of property owners shall be obtained from the latest assessment roll. The addresses of nonproperty owning residents shall be obtained from the latest county street numbering map. The word “occupant” may be shown in place of the name of nonproperty owning residents: the full name of property owners shall be shown as listed on the latest assessment roll. Whenever a new subdivision exists within the five hundred feet for which names of parcel owners are not available on the latest assessment roll, the applicant shall provide a list of addresses of all completed dwelling units and shall show the word “occupant” in place of the name of the resident or owner;
(3) Plot plan (Scale one inch equals thirty feet to one inch equals ten feet). Two copies of the plot plan with the following information shall be submitted:
(a) North arrow,
(b) Title block showing the address of subject property, name and address of property owners, name and address of architect, engineer, and/or developer, and date,
(c) All boundary lines of subject property fully dimensioned, showing the name and location of abutting streets,
(d) The location and dimensions of public or private easements. Street dedications and improvements may be required by the city so as to comply with the requirements of the general plan and any area to be so dedicated shall be clearly indicated,
(e) Locations and dimensions of proposed buildings, structures, parking areas, landscaping, and walls including the location of any existing buildings to be maintained as a part of the proposed development. The dimensions between all said buildings and structures and other features and property lines shall be clearly and accurately portrayed;
(4) Floor plans. Rough floor plans of the first floor and any basement of all proposed buildings and structures may be required for the purpose of determining adequacy of circulation. The floor plans shall be fully dimensioned and proposed uses shall be indicated;
(5) Elevation renderings. Two copies of renderings depicting elevation views of all sides of proposed buildings and structures, which shall indicate all dimensions thereof;
(6) Sections. At least one cross-section rendering of the proposed development which shall indicate the heights of the buildings and structures, the dimensions of overhangs, and other appropriate dimensions;
(7) Pedestrian circulation plan. For any project involving major construction, as defined in Section 23.01.030(1)(a) of this code, a pedestrian circulation plan shall be submitted and shall be prepared by a California State licensed landscape architect, traffic engineer, or a qualified profession as approved by the department of community development. A pedestrian circulation plan shall:
(a) Include all physical pedestrian safety elements and measures to be incorporated in the development of the project, including, but not limited to, the following:
(i) Dedicated, separated pathways where feasible;
(ii) Distinct paving surfaces for pedestrian walkways that traverse vehicle drive aisles;
(iii) Barrier elements such as site furnishings, landscape planters, pots, and bollards;
(iv) In-paving lighting systems at pedestrian crossings or walkways; and/or
(v) Signage urging caution oriented towards motorists.
(b) Indicate the location, number, and size of all pedestrian safety measures to be incorporated into the project.
(c) Show the path(s) of safe travel from and through the parking areas to the on-site building(s) or structure(s).
(d) Provide the materials and design features to support that the proposed physical pedestrian safety measures to be implemented are consistent with the appearance and design of the overall composition of the property and will fit harmoniously together with the building(s) or structure(s) to be renovated or developed.
(8) Additional information. Such other statistical or graphic information or material as may be desired by the applicant or required by the director of community development to depict unique characteristics of the site and its proposed development and use. (Ord. 957 § 1, 2011; Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.220 Filing deadline.
All applications for precise plan approval shall be filed with the director of community development in sufficient time prior to any hearing or action thereon so as to permit adequate and proper review of the application. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.230 Staff review.
The director of community development shall examine each precise plan application to ascertain that it conforms with applicable requirements of the city, including the requirement that property be dedicated to the city and improved for streets indicated on the general plan map and any applicable specific plan. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.240 Design review.
The director of community development, the planning commission, or the city council may submit a precise plan to a design review committee for the purpose of having the latter evaluate the architectural quality and compatibility of the precise plan. The design review committee shall be composed of design professionals from such disciplines as art, architecture, planning, landscape architecture and engineering. The committee shall be appointed by the city council and shall be composed of three or five members, but not more than two members shall be from the same discipline. A decision rendered by the design review committee shall be advisory only. The director of community development shall also evaluate the design quality of the plan in relation to the established objectives of the city and accepted principles of urban design. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.250 Retention of control and maintenance of common areas and facilities.
(1) When a precise plan which provides for multiple ownership with common spaces, common parking areas, or common facilities is approved, such approval shall be conditioned upon the preservation and maintenance of such spaces, areas or facilities for the purposes shown in the precise plan.
(2) One or a combination of the following methods of administering such spaces, areas or facilities shall be required, subject to the approval of the city council in each case:
(a) Retention of ownership, control and maintenance of all such spaces, areas or facilities by the applicant or a sole successor in interest;
(b) Establishment of a maintenance assessment district;
(c) Establishment of a nonprofit association or corporation of all owners within the unit of development served, to assume responsibility for the preservation and maintenance of such common spaces, areas, and facilities;
(d) Deed restrictions to insure that such spaces, facilities, or areas, are permanently preserved and maintained;
(e) Such other method as is approved by the city council.
(3) The applicant shall submit evidence to the approving authority of the manner in which compliance with the requirements of this section will be effectuated. (Ord. 413 § 8 (part), 1972)
23.90.270 Dedication and improvements as a condition of approval of precise plans.
(1) Required conveyances before issuance of a building permit. Prior to the issuance of building permits all land between the centerline of a street or proposed street and an ultimate right-of-way line as defined by the general plan, land use zone, specific plan, other applicable city standards, shall be dedicated to the city for public street and/or right-of-way purposes. A partial street may be required where planned streets are parallel and contiguous to a tract or parcel boundary. In such instance, the minimum width shall be as required in Section 17.12.490.
(2) Required improvements before occupancy of property. Prior to the occupancy of any property, all right-of-way improvements required in accordance with city standards shall be installed to the satisfaction of the city engineer. The city council may permit the improvements to be deferred, provided that a cash deposit, bond, or other acceptable security is posted with the city to insure ultimate installation. In addition, the city council may under exceptional circumstances waive or modify all or a portion of said improvements.
(3) Standards and conditions:
(a) All public improvements shall be made in conformity with city standards to the satisfaction of the city engineer, without cost to the city, and free of all liens and encumbrances;
(b) All land required by this chapter to be granted to the city shall be without cost to the city and free of all liens and encumbrances. (Ord. 413 § 8 (part), 1972)
23.90.290 Underground utilities.
All utility lines, including but not limited to, electrical power, lighting, and cable television, shall be required to be placed underground for all new buildings except for one family dwellings on individual developed lots (other than those governed by existing subdivision requirements) in locations where overhead utility distribution exists; provided, however, that when such one family dwellings are located in an underground utility district, provision shall be made for eventual underground services by the installation of a roughed-in pull section or adaptor and conduit. The developer is responsible for complying with this requirement and he shall make all necessary arrangements with the utility companies for the installation of such facilities. For the purpose of this section, any appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes, and meter cabinets and concealed ducts in an underground system may be placed above ground. The city council may waive the requirements of this section if topographical, soil, or other conditions make underground installations unreasonable or impractical. This section does not apply to utility lines which do not provide service to the area being developed. (Ord. 413 § 8 (part), 1972)
23.90.300 Staff action on precise plans for minor site improvements and minor changes in use.
Precise plans for minor site improvements and minor changes in use may be reviewed and approved by the director of community development. The director of community development may conduct a public hearing regarding the precise plan if he determines that such hearing is necessary or desirable in order to determine the conformity of the proposed improvement or use with the applicable area development plan or land use zone. Written notice of a public hearing on such a precise plan shall be given to owners and residents of adjacent property in the manner provided by Section 20.93.400. The director of community development may approve, conditionally approve or disapprove such a precise plan. In the absence of an agreement to extend the time for consideration of such a precise plan, if no action is taken by the director of community development within forty days after the filing of all information necessary for such a precise plan, the precise plan shall be deemed to be disapproved. The action of the director shall be final in the absence of subsequent appellate action pursuant to Section 20.95.200. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)
23.90.400 Planning commission action.
(1) General. The planning commission shall hold a public hearing on any precise plan application requiring their approval. Written notification thereof shall be given in accordance with the provisions of Section 20.93.200 to property owners and residents in the vicinity of the parcel or unit of development.
(2) Major single-family residential precise plans. The planning commission may either approve, conditionally approve or disapprove any major single-family residential precise plan application. If no action is taken within forty days after hearing is closed, the application shall be deemed to be disapproved. Except for the instance where no action is taken, the action of the planning commission shall be by resolution which shall contain findings consistent with the criteria applicable to the matter under consideration. A copy of the planning commission resolution shall be transmitted to the city council. The action of the planning commission shall be final in the absence of subsequent appellate action pursuant to Section 20.95.400.
(3) Major precise plans for uses other than single family residential. The planning commission may recommend that the city council approve, conditionally approve, or disapprove a major precise plan for a use other than single-family residential. If no action is taken within forty days after the close of public hearing, the proposed action shall be deemed to be disapproved. Except for the instance where no action is taken, the action of the planning commission shall be by resolution which shall contain findings consistent with the criteria applicable to the matter under consideration. A copy of the planning commission resolution shall be transmitted to the city council. (Ord. 413 § 8 (part), 1972)
23.90.500 City council action.
The city council shall hold a public hearing on any major precise plan for a use other than single-family residential. Written notification thereof shall be given in accordance with the provisions of Section 20.93.200 to property owners and residents in the vicinity of the parcel or unit of development.
After conclusion of the public hearing the city council may approve, disapprove, or modify the action recommended by the planning commission. The action of the city council shall be final. (Ord. 413 § 8 (part), 1972)
23.90.600 Expiration.
A precise plan approval and all portions thereof shall become null and void upon the occurrence of any of the following:
(1) The use for which approval was granted has not been established within the time specified in the approval. If no time limit therefor has been set as a condition of the precise plan approval, the approval shall expire if building permits are required but are not applied for within six months of the effective date of the precise plan approval or if construction of the improvements authorized by the precise plan is not commenced within six months after the building permits are issued; or, if no building permits are required, the use has not been established within six months of the effective date of the precise plan approval;
(2) Upon the expiration of a time limit, if any, set for the existence of the use by the conditions of the precise plan approval. (Ord. 413 § 8 (part), 1972)
23.90.610 Expiration of previous approvals.
Any precise plan approval, zone exception, variance or conditional use granted prior to July 1, 1971, and for which building permits have not been issued prior to the effective date of this section shall, after hearing before the city council, expire unless such previous approval is extended by the city council. (Ord. 413 § 8 (part), 1972)
23.90.650 Extension.
Prior to the expiration of a precise plan approval as provided in Section 23.90.600 and 23.90.610, the applicant or his successor in interest may request an extension of the approval. Such request for an extension shall be in writing and shall be directed to the authority before whom the original request was filed. The body may either approve, conditionally approve or disapprove the request based upon currently applicable criteria, standards, principles, and regulations. The action of the body shall be final in the absence of subsequent appellate action pursuant to the provisions of this code. (Ord. 413 § 8 (part), 1972)
23.90.700 Minor modifications.
Subsequent to the approval of the precise plan, the director of community development may approve minor changes in the precise plan or the conditions thereof if he finds that there are practical reasons for such changes, that such changes do not substantively vary from the previously approved precise plan, and that the changes conform to the spirit and intent of the previously approved precise plan and the laws of the city. The action of the director shall be final in the absence of subsequent appellate action pursuant to the provisions of this code. (Ord. 770 § 1 (part), 1996; Ord. 413 § 8 (part), 1972)