The intent and purpose of this chapter is:
A. To
set forth provisions and regulations for the review of land development
which, when allowed in a particular zone classification, must be given
special development consideration to assure the orderly and harmonious
consistency and continuity with sound principles of land planning
therefor;
B. To
be certain that adequate consideration is given to further assure
the conservation, promotion and stabilization of the property value,
development and environmental setting;
C. To
assure consistency in the direction of land development planning of
the community and the several zone classifications therein; and
D. To
assure that the character and functional design, image, atmosphere
and architectural appeal of any proposed development and developments
already existing in the several zone classifications and areas of
the city have been given adequate consideration for their peculiar
suitability for particular land developments consistent with the community's
overall planning program.
(Prior code § 9210.01)
Any land development proposed for a use of land set forth in Chapter
18.40 of this title that requires approval of a precise plan of design in a particular zone classification shall be subject to the provisions of Article I of this chapter prior to the issuance of any permit or other entitlement of any type or kind whatsoever.
(Prior code § 9210.02)
Application and procedures for precise plan of design approval shall be subject to the requirements set out in Sections
18.48.040 through
18.48.090 of this article.
(Prior code § 9210.03)
A. Whenever
any proposed development is subject to the provisions of this chapter,
the legal owner of property upon which such development is proposed
to be located shall file with the zoning administrator an application
and fee in the amount established by a resolution of the city council
for precise plan of design approval, verified by the owner, on forms
prescribed by the zoning administrator.
B. The
application shall set forth and include such information as the zoning
administrator may require, and each such application shall be accompanied
by seven copies of a proposed precise plan of design being not less
than eighteen inches wide and twenty-four inches long, and shall specify
and include the following information:
1. A
general description of the scope, nature and purpose of the proposed
development;
2. A
key diagram showing the general location of the property in relationship
to the general area in which the development is proposed to be located;
3. The
exact zone classification of the subject property and surrounding
properties;
4. The
location, size, height, dimensions and type of all existing and proposed
buildings and other structures, including signs, walls and fences;
5. The
location, size and exact dimensions of the property upon which the
development is proposed to be located;
6. The
location, size and dimensions of all yards, building setbacks and
spaces between buildings, and all other open spaces, including landscape
areas;
7. The
exact legal description of the property upon which the development
is proposed to be located; and
8. The
location, dimensions and method of improvement of all driveways, off-street
parking facilities, walkways, means of access, ingress and egress,
existing and/or proposed off-site street improvements, property to
be dedicated to the public, and any public and private utility easements.
(Prior code § 9210.03 (A); Ord. 765 § 45, 1989)
Upon accepting an application for precise plan of design approval, the zoning administrator shall cause the following, as set out in Sections
18.48.060 through
18.48.090.
(Prior code § 9210.03 (B)(part))
The zoning administrator shall cause to be made such investigations
by the various departments and other agencies of the city of facts
bearing upon an application when, in the opinion of the zoning administrator,
such departments and/or agencies may be concerned therewith. All such
investigations shall be in writing, completed, and filed with the
zoning administrator within fourteen days after acceptance of an application.
In event there is no written investigative response received within
such time period from any city department or agency so notified thereof,
it shall be deemed that such department or agency has no interest
in or concern with the application.
(Prior code § 9210.03 (B)(1))
The zoning administrator, following an inspection of the property
and an examination and review of the application and other written
investigations, prior to the approval of a precise plan of design,
shall make the following findings of fact:
A. That
the application and proposed precise plan of design is consistent
with this title, the general plan, and the zone classification in
which it is to be located;
B. That
the proposed physical land development project will not in any way
be detrimental to existing or planned developments of surrounding
properties in the area in which it is proposed to be located;
C. That
adequate protection against excessive vehicular traffic-generating
capacity, noise, vibrations and other factors which tend to make the
general environment less desirable, and which are efficiently and
reasonably satisfactory for existing and planned developments of surrounding
properties in the area in which the proposed development is to be
located;
D. That
requirements of other city departments and agencies have been given
adequate consideration and, where applicable, made a part of precise
plan of design approval relative to the physical characteristics of
the land development project;
E. That
the proposed physical land development characteristics will not be
detrimental in any way to the character and functional design, image,
atmosphere and architectural appeal of any existing or planned developments
of the zone classification, and its peculiar suitability for particular
developments, in which the proposed development is contemplated to
be located; and
F. That
the physical, architectural and environmental appeal, design, image,
atmosphere, character and functional plan of the proposed development,
when completed, will not be at such variance with existing development
or those in the course of development or other planned development
of the area in which the proposed development is contemplated to be
located, so as to cause a substantial depreciation, demotion, or instability
of the value of property in the immediate neighborhood.
(Prior code § 9210.03(B)(2))
A. Whenever
a land use development requires precise plan of design approval, and
such approval has been previously granted and is currently in effect
for the location of a new land use development, no new application
for precise plan of design approval shall be required. The zoning
administrator shall, however review and approve the new land use development
for conformity with any previously approved precise plan of design
applicable thereto.
B. This section shall also apply to minor modifications to an approved precise plan of design currently in effect where the zoning administrator has determined, pursuant to Section
18.48.060 of this chapter that such modifications are in fact minor in scope and nature and will not affect the overall integrity of such previously approved precise plan of design.
(Prior code § 9210.03(B)(3))
A. The
zoning administrator shall announce his or her findings and decisions
by written declaration not more than twenty-one days after acceptance
of an application. Such declaration shall recite and set forth, among
other things, the facts, reasons and/or conditions which, in the opinion
of the zoning administrator, make the approval, conditional approval
or denial of the application and proposed precise plan of design considered
necessary to carry out the provisions of this title and the general
plan, and shall approve, conditionally approve or deny same. The zoning
administrator shall give the applicant and/or any other persons connected
with or having an interest in any application, including other city
departments and agencies, written notice forthwith of his or her actions
and decisions accompanied by a copy of the declaration.
B. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter
18.64 of this title. Such appeal shall be filed with the design review board in the same manner prescribed for the planning commission, as set forth in Section
18.64.040 of this title.
(Prior code § 9210.03(B)(4))
A. All
conditions of approval as set forth by the zoning administrator, or
city council shall be fully complied with and completed within the
time period specified in the precise plan of design grant. In the
event that no time period is set forth, a building permit and/or certificate
of occupancy must be obtained within two years from the effective
date of the grant, whichever is deemed appropriate by the zoning administrator.
B. Failure
to comply with the specified time periods of such permits shall automatically
render the precise plan of design grant null and void and it shall
not be reconsidered except upon filing a new application.
C. During
the course of exercising the precise plan of design grant, the applicant
may file a written extension request at least thirty days prior to
the expiration date of the grant, to the zoning administrator for
review and approval.
D. In
the case of a revocation, the zoning administrator shall inspect the
property, other written reports and investigations and review all
of the facts which may warrant revocation. The zoning administrator
shall set the matter of revocation for hearing before the zoning administrator.
The zoning administrator shall give fifteen days' prior written notice
of the hearing to the permit holder that they may present evidence
and contest the revocation.
In reviewing the factors for revocation of a precise plan of
design, the zoning administrator shall consider the following:
1. That
the permit holder is in violation of any of the terms and conditions
of approval set forth in the precise plan of design grant;
2. That
the permit holder is in violation of any provision of the Health and
Safety Code constituting a public nuisance by improper operation or
maintenance of the property and or structures;
3. That
the permit holder is in violation of any provision of the adopted
Uniform Building Code; Uniform Mechanical Code; Uniform Plumbing Code;
National Electrical Code; and or the Uniform Housing Code;
4. That
the grant is being exercised in such a manner as to constitute a public
nuisance.
E. Failure to comply with any of the conditions or terms set forth in the precise plan of design permit shall be considered a misdemeanor as set forth in Section
18.06.130 of the Pico Rivera Municipal Code.
(Ord. 830 § 11, 1993; Ord. 1170 § 8, 2023)
A design review board is created and established to principally serve as an appeal board most appropriate for rendering decisions on appeals from the decisions of the zoning administrator relative to precise plans of design as set forth in this title and Section
18.64.040 which will further assure promotion, maintenance, protection, preservation and perpetuation of the orderly and harmonious development of the city consistent with the provisions of this title and the goals and objectives of the general plan, and to do such other things for the furtherance of the community's overall planning program.
(Prior code § 9211.01; Ord. 830 § 10, 1993)
The intent and purpose of the design review board is:
A. To
principally review and render decisions on all appeals of the zoning
administrator's actions relative to precise plans of design, being
certain that adequate consideration is given to the conservation,
promotion and stabilization of property and development values and
the environmental setting consistent with sound principles of land
use planning;
B. To
further assure direction of development and land use planning of the
community and the several zone classifications therein; and
C. To
further assure that the character and functional design, image, atmosphere
and architectural appeal of any proposed development and developments
already existing or planned in the several zone classifications and
areas of the city have been given adequate consideration, and their
peculiar suitability for particular land use developments are consistent
with the community's overall planning program, when the design review
board is required to do so pursuant to the provisions of Article II
of this chapter.
(Prior code § 9211.02)
Membership of the design review board and its powers and duties
shall be as follows:
A. Membership.
Members of the design review board shall consist of the voting members
of the planning commission.
B. Powers
and Duties. In order to effectively implement the provisions of this
title, the design review board shall have and be vested with the powers
and duties to perform the following:
1. To
make findings, reports and recommendations on all matters requested
by the community redevelopment agency;
2. To
make findings, reports and recommendations on all matters requested
by the city council;
3. To
make findings, reports and recommendations, and to advise the city
council on all architectural and development matters relating to land
use development in the O-S and civic center zones, and to development
of any other city owned or controlled property where the physical
environmental design is of significant value to the community as a
whole;
4. To
review, uphold, modify and/or deny all appeals relative to precise
plans of design;
5. To
do such other things as shall be deemed necessary to carry out the
community's overall planning program; and
6. To
adopt such bylaws as is deemed necessary to provide for the following:
a. The time, date and place of all meetings,
b. The method of electing officers,
c. The taking of minutes, and
d. Such other matters relative to its organization and methods of administration
of its duties which are not otherwise provided by statute or ordinance.
C. Board
Not Required to Hold Public Hearings. Unless otherwise ordered by
the city council, the design review board shall not be required to
hold a public hearing on any matter which it is required to review,
but all meetings conducted thereby shall be open to the public.
(Prior code § 9211.03)
Upon receipt of an appeal of the decision of the zoning administrator
relative to a precise plan of design, the design review board shall
cause the following:
A. Investigations.
The design review board shall cause to be made by its own members
such investigations of facts bearing upon an appeal that will assure
appropriate disposition thereof consistent with the provisions of
Article II of this chapter. The zoning administrator shall prepare
and transmit forthwith a report, based on an inspection of the property
and an examination of the application, other written investigations,
reasons for his or her decisions, and declaration of findings, to
the design review board for its investigative appeal review.
B. Findings.
The design review board, following an inspection of the property and
an examination of the appeal and report of the zoning administrator,
shall uphold, modify or deny the appeal based on the following findings
of fact:
1. That
the application and proposed precise plan of design is either consistent
or inconsistent with this title, general plan, and/or the zone classification
in which it is to be located;
2. That
the proposed development for the use of land either will or will not
in any way be detrimental to existing or planned developments of surrounding
properties in the area in which it is proposed to be located;
3. That
either adequate or inadequate protection against excessive vehicular
traffic-generating capacity, noise, vibrations, and other factors
which tend to make the general environment less desirable, are reasonably
and efficiently satisfactory for existing and planned developments
of surrounding properties in the area in which the proposed development
is to be located;
4. That
requirements of other city departments and agencies either have or
have not been given adequate consideration and made a part of precise
plan of design approval to protect the general welfare in the best
interest of the community;
5. That
the proposed development for the use of land either will or will not
be detrimental in any way to the character and functional design,
image, atmosphere and architectural appeal of any existing or planned
developments of the zone classification, and its peculiar suitability
for the particular use development in which the proposed development
is to be located; and
6. That
the physical, architectural and environmental appeal, design, image,
atmosphere, character and functional plan of the proposed development,
when completed, either will or will not be at such variance with existing
development or those in the course of development or other planned
development of the area in which the proposed development is contemplated
to be located, so as to cause a substantial depreciation, demotion
or instability of the value of property and development in the immediate
neighborhood.
C. Announcement
of Findings Notice, Finality and Decisions.
1. The
design review board shall announce its findings and decisions by formal
resolution not more than ten days after rendering its decision on
any appeal. The resolution shall recite and set forth, among other
things, the findings of fact, reasons, conditions and/or other matters
which, in the board's opinion, make upholding, modification or denial
of an appeal considered necessary to carry out the purpose and provisions
of Article II of this chapter, and shall uphold, modify or deny same.
2. The design review board shall forthwith give the applicant and/or other persons connected with or having an interest in any appeal, including other city departments and agencies, written notice of its findings and decisions, accompanied by the board's resolution setting forth its actions thereon. The actions and decisions of the design review board shall be final and conclusive unless otherwise appealed as provided for in Chapter
18.64 of this title.
(Prior code § 9211.04)