Precise Plan review is intended to ensure that development projects are well designed, compatible in terms of scale and esthetics with surrounding areas and in accord with applicable city requirements, policies and guidelines. Buildings and developed sites existing on the effective date of the ordinance codified in this title may continue without securing approval of a Precise Plan. However, any extension or expansion of such use shall require a Precise Plan modification or a minor Precise Plan modification as specified in this chapter.

(`78 Code, § 17.91.010.) (Ord. 2439 § 1, 2000.)

   (A)   Precise Plans.

      (1)   Prior to the issuance of any precise grading or building permits, approval of a Precise Plan is required for all of the following:

         (a)   The development of single-family residential subdivisions containing five or more parcels;

         (b)   All new multi-family construction;

         (c)   All new buildings intended for commercial, office or institutional uses;

         (d)   Other uses not listed above for which Precise Plans are required by an adopted Specific Plan or the Corona Municipal Code;

         (e)   Expansion or alterations to subsections (B)(1)(a)-(d).

      (2)   Precise Plans shall be reviewed by the Planning Commission at noticed public hearings in accordance with the provisions of this chapter. In the event that a conditional use permit (CUP) is required in addition to the Precise Plan, only the CUP application need be filed, provided that the application materials and findings also address the requirements of this chapter.

   (B)   Precise Plan modifications.

      (1)   The Planning Commission has the authority to approve, deny or approve with conditions all Precise Plan modifications, in accordance with the provisions of this chapter. Approval of Precise Plan modifications is required for all of the following, including development existing prior to the enactment of this chapter for which an initial Precise Plan was never submitted or approved, with the exception of existing single family homes:

         (a)   Expansion of building floor area 30% or greater within existing developed lots;

         (b)   Expansion or modification to a building site not involving an expansion of building area that affects more than 30% of such building site, including changes to parking and landscaping;

         (c)   Facade and other exterior remodeling or minor architectural changes affecting 30% or more of the area of any building facade;

         (d)   The addition of drive-thrus to an existing building or building site; and the addition, modification or expansion of any freestanding drive-thru or drive-up kiosks;

         (e)   Removal, addition or modifications to adopted conditions of Precise Plan approval or mitigation measures imposed upon the project. Precise Plan modifications shall be processed and reviewed in the same manner as a Precise Plan, including a noticed public hearing before the Planning Commission.

   (C)   Minor Precise Plan modifications.

      (1)   The Planning Director has the authority to administratively approve, deny or approve with conditions all minor Precise Plan modifications, in accordance with the provisions of this chapter. Approval of minor Precise Plan modifications is required for all of the following, including development existing prior to the enactment of this chapter for which an initial Precise Plan was never submitted or approved, with the exception of existing single family homes:

         (a)   Expansion of floor area comprising less than 30% of an existing building;

         (b)   Expansion or modification, to a building site, not involving an expansion of building area that affects less than 30% of such building site, including such changes to parking and landscaping;

         (c)   Facade and other exterior modeling or minor architectural changes affecting less than 30% of the area of any building facade;

         (d)   The addition or modification of parcel identification signs, including monument signs and pole or pylon signs. Refacing of such signs shall not require a Precise Plan modification as long as no changes are made to the sign structure. A Precise Plan modification shall not be used for signs that have previously approved conditional use permits or would require approval of a conditional use permit;

         (e)   Modifications to the architecture and floor plans of residential subdivision, provided that the revisions are in substantial conformance to the original approval, and the quality of the architecture is equal to or exceeds the original approval, and such revisions are in conformance with the adopted conditions of approval.

      (2)   Minor Precise Plan modifications shall be reviewed administratively by the Planning Director. The Planning Director shall render a decision on minor Precise Plan modifications within 30 days of the application being deemed complete. The decision shall be in writing and shall include conditions of approval and the findings contained in § 17.91.070. The Planning Director shall refer applications to the Planning Commission if he or she determines that the proposal has the potential to cause special community impacts or other unique or unusual effects or is not in conformance with the original Precise Plan approval.

(`78 Code, § 17.91.020.) (Ord. 2439 § 1, 2000.)

   (A)   Filing. Application for a Precise Plan, Precise Plan modification or minor Precise Plan modification shall be filed with the Secretary of the Planning Commission by the owner of the property for which the permit is sought, or by the lessee having a leasehold interest of not less than five years exclusive of an option to renew, or by the agent of any of the foregoing duly authorized in writing.

   (B)   Form. Application shall be made on forms furnished by the Planning Department and shall be complete.

   (C)   Site plan. A site plan of the proposed development shall be submitted as a part of the application, and any additional and supplemental material, including, but not limited to, a site plan as described in Chapter 17.102, shall be submitted further upon written request therefor by the Planning Commission and/or Director of Planning and/or Director of Public Works.

   (D)   Addresses. A list of the names and addresses of all property owners within a radius of 500 feet of the exterior boundary of the property, as they appear on the latest available assessment roll of the County of Riverside, shall be furnished to the Planning Department.

   (E)   Filing fee. When the application is filed, a uniform fee as established by the City Council resolution and any amendments thereto shall be paid for the purpose of defraying the costs incidental to the proceedings.

   (F)   Appeal fee. A filing fee as established by City Council resolution or any amendments thereto for an appeal to the City Council from a decision of the Planning Commission relating to an application for a Precise Plan, Precise Plan modification or minor Precise Plan modification under the provisions of this chapter must be paid to the city at the time of the filing of such appeal.

   (G)   Staff investigations. The Planning Department shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this title and the General Plan and shall report the finding to the Commission.

(`78 Code, § 17.91.030.) (Ord. 2439 § 1, 2000.)

   (A)   Hearing date. The hearing date for Precise Plans and Precise Plan modifications shall be set by the Planning Director for not less than ten nor more than 45 days after the filing of the application with the Planning Commission.

   (B)   Notice. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.

   (C)   Publication. Notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the hearing date.

   (D)   Mailing. Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of property within a radius of 500 feet of the exterior boundaries of the subject property, or the Commission shall, not less than ten nor more than 30 days after the publication of the legal notice of a public hearing on a Precise Plan petition, hold said public hearings.

(`78 Code, § 17.91.040.) (Ord. 2439 § 1, 2000.)

   (A)   At the times and places so fixed and noticed the public hearing shall be conducted before the Planning Commission or before any member or members thereof designated by the Commission so to serve. The Commission may establish its own rules for the conduct of public hearings and the member of the Commission presiding at such hearings is empowered to administer oaths to any person testifying.

   (B)   The Commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

   (C)   A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication and records of action taken shall be a part of the permanent files of the case.

(`78 Code, § 17.91.050.) (Ord. 2439 § 1, 2000.)

   Each decision by the Commission authorizing an approval of a Precise Plan or a Precise Plan modification must be by resolution. The Commission shall make its findings and determination within 35 days from the date of completion of hearing on such application and shall forthwith transmit copies thereof to the applicant and to the City Clerk. Upon the failure of the Commission to make a determination within the time limit specified in this chapter, it shall lose jurisdiction and the applicant may appeal to the Council as provided in this chapter.

(`78 Code, § 17.91.060.) (Ord. 2439 § 1, 2000.)

   Neither the Planning Director, Commission nor the Council, upon appeal or Council initiated review, may in their deliberations grant approval of a Precise Plan, Precise Plan modification or minor Precise Plan modification unless it has first been determined, based on the evidence that all of the following findings can be made:

   The decision-making entity is authorized to approve or deny applications and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to, requirements for: open spaces; screening and buffering of adjacent properties; fences and walls; architectural design; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvement and dedication; regulation of vehicle ingress and egress and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and other conditions as may be deemed necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare and enable the decision-making entity to make the findings for approval required by this chapter.

(`78 Code, § 17.91.080.) (Ord. 2439 § 1, 2000.)

   (A)   Following the determination of the Planning Commission, the Planning Commission Secretary shall forward the determination to the City Council within ten days or the next regularly scheduled meeting, whichever is later. The Council may either:

      (1)   Set the item for review at a subsequent meeting; or

      (2)   Take no action, thereby affirming the Planning Commission determination.

   (B)   No approval of a Precise Plan, Precise Plan modification or minor Precise Plan modification shall become effective until the final action on the Precise Plan by the City Council. If the Council does not set the precise plan for review at its regular scheduled meeting, the approval shall become effective the following day, unless a later date is so established in the conditions of approval.

(`78 Code, § 17.91.090.) (Ord. 2439 § 1, 2000.)

   (A)   Appeal of all Commission decisions under this chapter shall be made pursuant to Chapter 17.93. The appeal shall be filed prior to the effective date of the Precise Plan or Precise Plan modification.

   (B)   Appeal of all decisions of the Planning Director shall be filed prior to the effective date of such decision. The appeal shall be filed in writing with the Planning Director and shall be accompanied by the fee established by the City Council and shall set forth in detail the request of the appellant, the challenged action and the grounds for such challenge. The Planning Director shall, within five days of receipt of the appeal, place the matter on the agenda of the Planning Commission for a public hearing to be held within 30 days of receipt. Written notice of the time of such hearing shall be mailed to the appellant within five days after setting the date of the public hearing. A written report shall be submitted to the Planning Commission by the Planning Director not later than five days before the date set for the public hearing of the appeal. Upon hearing of the appeal, the Planning Commission may continue the matter for good cause and may also affirm, reverse or modify the decision, determination or requirement of the Planning Director and enter any orders in accord with the terms, requirements and intent of the General Plan and the Corona Municipal Code.

(`78 Code, § 17.91.100.) (Ord. 2439 § 1, 2000.)

   (A)   Before any permit is approved by the decision-making entity (such as Planning Commission or Planning Director as applicable) the decision-making entity shall establish a time limit within which the permit must be utilized.

   (B)   For permits associated with tentative tract maps, the time limit shall be concurrent with the life of the tentative tract map. If the tentative tract map expires, the associated permit shall also expire. If such tentative tract map is approved as a final map, the new time limit on the associated permit shall be two years from the date of map recordation.

   (C)   For all other permits, a time limit of two years shall be assumed unless some other period is established by the decision-making entity at the time the permit is approved.

   (D)   The permit must be utilized, or if the permit involves a building, construction must be commenced and carried on diligently to completion of at least one usable unit, prior to the expiration of the time limit. If the time limit expires, any privilege, permit or variance granted shall be deemed to have lapsed.

   (E)   The decision-making entity shall have the authority to extend the time limit upon a finding of unavoidable delay. Once any portion of the Precise Plan permit is utilized, the other conditions thereof become immediately operative and must be strictly complied with.

(`78 Code, § 17.91.110.) (Ord. 2439 § 1, 2000.)

   No person shall reapply for a similar Precise Plan, Precise Plan modification or minor Precise Plan modification on the same land, building or structure within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(`78 Code, § 17.91.120.) (Ord. 2439 § 1, 2000.)

   Any Precise Plan approval or modification thereto granted prior to the effective date of the ordinance codified in this chapter shall be subject to all conditions imposed in such permit unless otherwise provided in this chapter.

(`78 Code, § 17.91.130.) (Ord. 2438 § 1, 2000.)