A. Purpose. A precise plan allows for the review of uses, sites, and structures to ensure that the applicable design and development standards are implemented as intended.
B. Applicability. A precise plan is required as follows:
1. No person shall commence any use for which a conditional use permit is required or any use not permitted in either the R-1 or RE zone. No building permit shall be issued for any structure to be used for, or in conjunction with any such use, until a precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as provided in this chapter.
2. Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan of design, tentative tract map, or tentative parcel map covering the property proposed to be graded or excavated has been approved and adopted as provided in this chapter.
C. Exceptions. This subsection shall not apply to the grading or excavation required in connection with:
1. The construction of a swimming pool on property in the residential zone.
2. The movement of less than 50 cubic yards of earth.
3. The grading of any parcel of property outside of the hillside overlay zone so as to improve the land for emergency drainage purposes.
D. Application requirements. The applications for a precise plan shall be submitted on a form as provided by the Director and include submittal materials as required.
E. Review criteria. Any such precise plan of design may be rejected, approved, modified and approved, or approved subject to conditions. Any such precise plan of design after approval may be amended, in the same manner as a precise plan of design is first approved under this chapter. The following criteria apply:
1. In the approval or rejection of a precise plan of design, consideration shall be given and restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter. The standard restrictions imposed in the various zones by this chapter are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinity and unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes, and for the protection of the public peace, health, safety, and general welfare. "Normal circumstances" are intended to refer to the case of a permitted case upon a lot of a normal size and shape surrounded by property in the same zone as the lot in question.
2. If the proposed precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety, or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove said objections.
3. If required, the design review approval by the ARC (Section
25.68.020, Design Review Required), or objective design review approval by the Director (Chapter
25.42 Multifamily and Mixed-Use Objective Design Standards) must be obtained prior to the precise plan review by the Commission.
F. Approval subject to condition. A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance, or the approval of a final subdivision map, and the Commission or Council may require such a precise plan of design to be submitted prior to the granting or recommending of a zone change, variance, or conditional use permit.
G. Compliance required. No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.
H. Continuance of existing plans. Any precise plan previously approved and in effect shall remain in effect regardless of any changes to zoning regulations subsequently adopted, unless the precise plans are made null and void or amended at the time of adoption.
I. Distinction from other precise plans. The precise plans of design referred to in this chapter are not to be confused with or considered to be precise plans as referred to in the
Government Code of the State.
J. Street frontage requirements. No building or other structure to be used for any business or commercial purpose shall hereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one side of a public street, unless an unnecessary hardship would result as determined by the Commission.
K. Failure to utilize a precise plan.
1. Failure to utilize a precise plan within one year of its effective date (unless extended by action of the Commission) will automatically void such precise plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued.
2. Extension of time up to a maximum one year may be granted from the date of expiration of the precise plan by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced.
3. The Commission may grant additional time extensions providing that there has not been adopted any changes to zoning regulations that would impact said precise plan.
L. Amendment to a precise plan.
1. The Commission may grant an amendment to the approved precise plan only after all procedures as set forth in the original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a precise plan of design.
2. The Director may approve in writing on the approved precise plan minor modifications without the benefit of public hearing when such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan, and so long as the modification would not affect any other condition of approval.
(Ord. 1259 § 1, 2013; Ord. 1292 § 2, 2015; Ord. 1411, 4/25/2024)