Article I — Requirements and Procedures

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)