A precise plan of design (PPD) shall be approved or conditionally approved by the community development director or planning commission, as set forth herein or in the sections applicable to the application at issue, before the issuance of any building permit for the new construction of one or more dwelling units in any residential zone, or for new development or expansion of an existing use in any commercial, industrial or other zone. Such development is permitted only in accordance with the approved PPD. Development projects that require other land use entitlements in addition to a PPD or do not qualify for a California Environmental Quality Act (CEQA) exemption shall have their PPD reviewed and considered concurrently by the planning commission. Unless the application triggers planning commission review pursuant to any specific provision of this code, development projects that solely require a PPD and qualify for a CEQA exemption shall be reviewed and considered by the community development director.

(Ord. No. 1645, § 4, 7-14-20)

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Upon filing an application pursuant to this section, the application shall be reviewed by the community development department for completeness and consistency with the required development and technical standards, and for preparation of recommended conditions of approval.

B.

Submission Requirements and Procedure. Approval under this subsection shall require the applicant to submit information as may be required by the community development department.

C.

Within thirty calendar days, following receipt of the application, the community development department will review the application and inform the applicant whether the application is complete or of any deficiencies. The applicant shall have thirty days to respond. This process will repeat until the application is deemed complete, following which determination, the community development department will refer the application to the community development director or planning commission, as applicable, and schedule a public hearing for planning commission within forty-five days thereafter.

D.

Review by the Planning Commission.

1.

The planning commission shall approve, conditionally approve, or disapprove each precise plan of design, subject to this chapter and as provided in subsection 18.65.010(A). Prior to completion of the review process, the community development department shall prepare a report that summarizes the proposed development and provides a staff recommendation, as well as prepare a resolution for consideration that documents the necessary findings contained within Section 18.65.020(E) and any required conditions of approval.

2.

Approval of the precise plan of design does not become effective until the applicant has signed a statement acknowledging awareness and acceptance of any required conditions of approval.

3.

If the applicant does not concur with the action of the planning commission, the applicant may appeal the planning commission's decision pursuant to the appeal provisions set forth in Section 18.49.040.

E.

Basis of Approval of Precise Plans of Design. Approval, conditional approval or disapproval of a precise plan of design shall be based on the following principles and findings:

1.

The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance;

2.

The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives;

3.

The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public; and

4.

The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.

F.

Review by the Community Development Director.

1.

The community development director shall approve, conditionally approve, disapprove, or, where planning commission action is required, provide a recommendation to approve, conditionally approve, or disapprove each precise plan of design subject to this chapter and as provided in subsection 18.65.010(A). Following completion of the review process, the community development department shall prepare a report that summarizes the decision of the community development director, documents the necessary findings contained within Section 18.65.020(E), and contains any required conditions of approval. The community development department shall then forward this report to the applicant for review and concurrence.

2.

Approval of the precise plan of design does not become effective until the applicant has signed a statement acknowledging awareness and acceptance of any required conditions of approval.

3.

If the applicant does not concur with the action of the community development director, the applicant may appeal the community development director's decision pursuant to the appeal provisions set forth in Section 18.49.040.

G.

Basis of Approval of Precise Plans of Design. Approval, conditional approval, or disapproval of a precise plan of design shall be based on the following principles and findings:

1.

The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance;

2.

The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives;

3.

The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public; and

4.

The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.

H.

Approval of Precise Plans of Design. An approved precise plan of design will remain valid for a period of one year from the date of approval. If substantial construction activities are commenced within the one-year period and such construction is being diligently pursued towards completion, the approved precise plan of design shall remain effective for an additional one-year period. The community development director or planning commission, as applicable, may, upon application prior to termination of the second one-year period, extend the approval time in the event of demonstrated unavoidable delays.

(Ord. No. 1645, § 4, 7-14-20)