(a)
Review Procedures. This chapter establishes procedures for reviewing
development proposals to ensure that projects comply with all applicable
development and design standards/guidelines, and minimize potential
adverse effects, in compliance with the actions, goals, objectives
and policies of the general plan, any applicable specific plan and
this title.
(b)
Encourage Creativity. This chapter is not intended to restrict imagination,
innovation or variety, but rather to focus on development and design
standards/guidelines that can result in creative, imaginative solutions
and a quality design for the city. It is, therefore, the purpose of
this chapter to:
(1)
Recognize the interdependence of land values and aesthetics and encourage
the orderly and harmonious appearance of development within the city;
(2)
Assist developers to understand the public's concerns for the aesthetics
of development, and ensure that new developments do not cause an adverse
health, safety or aesthetic related impact(s) on the community;
(3)
Achieve a reasonable level of quality in terms of harmony and community
objectives for economic, physical and social well being, and to protect
existing and potential developments and uses on adjacent property
and the surrounding neighborhood; and
(4)
Provide consistency for comprehensive review of development projects.
(c)
Allowed Uses Only. This chapter is not intended to deny any use already
allowed by this title, nor to grant any use not allowed in the respective
zoning district.
(Ord. 1308 § 5, 2000)
The commission shall approve, approve with conditions or disapprove
precise plan of design applications, and impose conditions necessary
to ensure compatibility with surrounding uses, to preserve the public
convenience, health, interest, safety or welfare, and necessary to
make the findings required by Chapter 21.44.050 (Findings and Decision)
of this chapter.
(Ord. 1308 § 5, 2000)
An application for precise plan of design shall be required
for any proposed structures in the city, except for structures in
the R-1 zoning district.
(Ord. 1308 § 5, 2000)
(a)
Filing.
(1)
Filed with Department. An application for a precise plan of design shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees) of this title.
(2)
Filed Concurrently. The applicant may choose, or the commission may
require, that the application be made and acted upon concurrently
with an application for a conditional use permit, final map, variance,
zoning map amendment or other matter requiring city approval in compliance
with this chapter.
(b)
Before Building Permits. The application shall be filed before issuance
of any building permit(s) for the subject parcel.
(c)
Contents. The application shall be accompanied by detailed and fully
dimensioned site plans, architectural drawings/sketches, elevations,
floor plans, landscape plans and/or any other data/materials identified
in the department handout for precise plan of design applications.
(d)
Project Review Procedures. Following receipt of a completed application,
the director shall make an investigation of the facts bearing on the
case to provide the information necessary for action consistent with
the purpose of this chapter.
(e)
Factors to Be Considered.
(1)
The proposed development should be compatible with surrounding developments,
including the siting of the project as it relates to the character
of the neighborhood and the street, the massing of structures, and
architectural style and detailing.
(2)
Facades of structures visible from streets, freeways or other public
rights-of-way should be fully finished and should receive similar
architectural treatment as the primary facade.
(3)
Mechanical equipment, storage, solid waste and recyclable material storage areas and utilities should be located out of public view or otherwise screened from public view (See Section 21.18.080, Screening and buffering of this title).
(4)
The proposed project should be designed to protect sensitive land
uses by promoting a harmonious and compatible transition in terms
of scale and character between areas of different land uses and zoning
districts.
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Additions/alterations to existing structures should be substantially
the same (or an improvement, if warranted) in appearance as the original,
especially in terms of exterior materials, color and roof lines(s),
windows and doors, etc.
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(f)
Notice and Hearings.
(Ord. 1308 § 5, 2000)
The commission, or the council on appeal, shall record the decision
in writing with the findings on which the decision is based. The precise
plan of design application shall be approved, with or without conditions,
only if the following findings of fact can be made in a positive manner:
(1)
The design and layout of the proposed development would:
(A)
Be consistent with the actions, goals, objectives and policies of
the general plan, any applicable specific plan and the development
and design standards/guidelines of the applicable zoning district;
(B)
Not interfere with the use and enjoyment of neighboring existing
or future developments, and would not create traffic or pedestrian
hazards; and
(C)
Provide a desirable environment for its occupants and visiting public
as well as its neighbors through good/proper aesthetic use of materials,
texture and color, and would remain aesthetically appealing and retain
an appropriate level of maintenance.
(2)
The architectural design of the proposed structure(s) would be compatible
with the character of the surrounding neighborhood and would maintain
and enhance the attractive, harmonious and orderly development contemplated
by the actions, goals, objectives and policies of the general plan,
any applicable specific plan and this chapter;
(3)
The proposed development would not:
(A)
Be detrimental to the public convenience, health, interest, safety
or welfare, or materially injurious to the properties or improvements
in the immediate vicinity; or
(B)
Substantially depreciate property values in the immediate vicinity
or interfere with the use or enjoyment of property in the surrounding
neighborhood, because of excessive dissimilarity or inappropriateness
of design in relation to the surrounding neighborhood.
(4)
The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and the city's
environmental review procedures.
(Ord. 1308 § 5, 2000)
(a)
Compliance. In approving a precise plan of design the commission
may impose conditions (e.g., buffers, landscaping and maintenance,
lighting, off-site improvements, parking, property maintenance, signs,
surfacing, traffic circulation, etc.) deemed reasonable and necessary
to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose
of this chapter, the actions, goals, objectives and policies of the
general plan, and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.44.050 (Findings and decision) of this chapter;
(3)
Protect Interests. Protect the best interests of the surrounding
property or neighborhood; and
(4)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding
and agreement with all of the conditions before issuance of the precise
plan of design.
(B)
By signing the written acknowledgment, the applicant acknowledges
acceptance of the benefits of the precise plan of design and agrees
to waive any right to later challenge any condition(s) imposed as
unfair, unnecessary or unreasonable.
(b)
Conditions. The conditions of approval shall further ensure the following:
(1)
Adequate pedestrian and vehicular circulation (e.g., access ways
and parking) shall be required to be designed, provided and maintained
to avoid congestion and to prevent adverse effects on the surrounding
neighborhood;
(2)
Elevations shall be designed to be compatible with the characteristics
of the surrounding neighborhood;
(3)
Exterior lighting, fences, landscaping, screen planting, walls and
other similar appurtenances shall be designed, provided, and maintained
in a manner that would be compatible (e.g., proportion, scale, style,
etc.) with the characteristics of the surrounding neighborhood. The
commission shall give special consideration to the retention of existing
vegetation and land formations in their natural state;
(4)
Structures shall be arranged to allow convenient access for emergency
and service equipment, fire hydrants, standpipes and other fire protection
devices;
(5)
Proposed developments shall not present a hazardous situation due
to any erosion, flooding, seismic, soil or topographic condition(s)
applicable to the site;
(6)
Proposed developments shall be conditioned to require the payment
of a landscape inspection fee, in compliance with the city's fee resolution,
to ensure that the landscaping is installed in compliance with the
approved plans; and
(Ord. 1308 § 5, 2000)
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapters 21.52 through 21.64 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a precise plan of design.
(b)
Run with the Land.
(1)
Continue to Be Valid. A precise plan of design that is valid and
in effect, and was granted in compliance with the provisions of this
chapter, shall run with the land and continue to be valid upon a change
of ownership of the land or any lawfully existing structure on the
land.
(2)
Resolution Review. In addition to securing a business license, any
new applicant seeking to operate a previously approved use in substantial
compliance with an existing precise plan of design shall submit a
project description (e.g., narrative and/or a site and floor plan)
to the director ensuring that the new operation would be in compliance
with the previous use and that the new applicant agrees to operate
in full compliance with the previously issued conditions of approval.
(c)
Substantial Compliance. Once approved by the commission, the design
and general appearance (e.g., colors, materials, etc.) of the structure(s)
shall not be substantially altered. Substantial changes shall require
commission review and approval before construction.
(Ord. 1308 § 5, 2000)
It is unlawful for any owner, operator, tenant or other person
in control of property within the city for which the specific standards
set forth in this chapter apply, to develop or construct property
without a precise plan or to operate or maintain property in violation
of the precise plan or to fail to comply with the provisions of this
chapter.
(Ord. 1358 § 13, 2004)
