Pico Rivera City Zoning Code
CHAPTER 18
48 PRECISE PLAN OF DESIGN REGULATIONS
§ 18.48.010 Intent and purpose.
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)
§ 18.48.020 Precise plan of design required when.
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)
§ 18.48.030 General requirements.
§ 18.48.040 Application filing-Form and contents.
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)
§ 18.48.050 Approval procedure.
§ 18.48.060 Investigations and reports.
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))
§ 18.48.070 Zoning administrator findings.
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))
§ 18.48.080 New application not required when.
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))
§ 18.48.090 Findings and decisions-Announcement and finality.
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))
§ 18.48.095 Permit-Issuance, term, expiration and revocation.
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.
(Ord. 830 § 11, 1993; Ord. 1170 § 8, 2023)
§ 18.48.100 Establishment of board.
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)
§ 18.48.110 Purpose and intent of board.
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)
§ 18.48.120 Membership, powers and duties.
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:
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)
§ 18.48.130 Appeal review and procedures.
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)