Chapter 18.12

PRECISE PLANS*

Parts:

• 1 Authority, Scope and Preparation

• 2 Procedure for Adoption or Amendment

• 3 Administration

Part 3

Part 1

FILING FEES

AUTHORITY, SCOPE AND PREPARATION

Sections:

Sections:

A filing fee, as set forth in the schedule of fees adopted by resolution of the city council, shall be paid by the applicant in order to have a proposed amendment to the land use/transportation diagram of the general plan processed. (Ord. 24498.)

A fee deposit, as set forth in the schedule of fees adopted by resolution of the city council, shall be paid by the applicant to reimburse the city for charges by the Santa Clara County Local Agency Formation Commission (LAFCO) for processing an urban service area boundary expansion. (Ord. 24498.)

• 18.12.010 Preparation authorized when - Recommendation to council.

• 18.12.020 What precise plans may include.

• 18.12.030 Street and highway name and numbering plans may be included.

• 18.12.040 Other measures authorized for inclusion.

From time to time, the planning commission or planning department may, or if so directed by the council shall, prepare precise plans based on the general plan, or any element thereof, or any part of any element thereof, which has been adopted by the council, and drafts of such regulations, as may in its judgment be required for the systematic execution of the general plan, or any element thereof, or any part of any element thereof, which has been ad-

*State law reference— For statutory provisions on adoption of specific plans, see Gov. Code § 65500 et seq.

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§ 18.12.010

opted by the council, and the commission may recommend such precise plans or regulations to the council for adoption. (Prior code § 11100; Ord. 19065.)

Part 2

PROCEDURE FOR ADOPTION OR AMENDMENT

Sections:

Precise plans or regulations may include:

• A. Maps or plats showing:

  1. The exact location and right-ofway lines for proposed new streets; and

  2. The future right-of-way lines for existing streets proposed to be widened;

• B. Proposed regulations limiting the location of buildings, structures and other improvements with respect to the rightof-way lines for proposed new streets, and the future right-of-way lines for existing streets proposed to be widened.

• (Prior code § 11101; Ord. 19065.)

A precise plan may include street and highway naming and numbering plans in order to establish the official names of streets and highways, in order to remove conflicts, duplication, and uncertainty among such names, and in order to provide an orderly system for the numbering of buildings and properties.

(Prior code § 11102; Ord. 19065.)

The planning commission or the planning department may prepare and submit to the council, and the council may prepare and designate as precise plans or regulations, or both, such other measures as may be required to assure the execution of the general plan, or any element thereof, or any part of any element thereof adopted by the council. (Prior code § 11103; Ord. 19065.)

• 18.12.050 Hearing - Required - Commission authority.

• 18.12.060 Hearing - Notice by publication.

• 18.12.070 Precise plan or regulation - Resolution of recommendation required.

• 18.12.080 Submission of commission recommendation to council.

• 18.12.090 Proposed plan or amendment - Council adoption authority.

• 18.12.100 Proposed plan or amendment - Council hearing required -Notice.

• 18.12.110 Proposed plan or amendment - Procedure required for council changes.

• 18.12.120 Council authority to initiate and adopt precise plans or regulations, or amendments thereto.

• 18.12.130 Proposed plan or amendment - Referral to commission for hearing and report.

• 18.12.140 Hearing by council after report from commission.

Before recommending a precise plan or regulation, or any amendment thereto to the council for adoption, the commission shall hold at least one public hearing thereon.

(Prior code § 11104; Ord. 19065.)

Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date set for the hearing. (Prior code § 11105; Ord. 19065.)

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§ 18.12.130

The recommendation of any precise plan or regulation or any amendment thereto shall be by resolution of the commission carried by the affirmative vote of not less than a majority of the total members therein who have a right to vote. (Prior code § 11106; Ord. 19065.)

recommendation to council.

A copy of any precise plan, regulation or amendment recommended pursuant to this Part 2 shall be submitted to the council, and shall be accompanied by a copy of the resolution of the commission recommending the same. (Prior code § 11107; Ord. 19065.)

Upon receipt of a copy of:

• A. Any proposed precise plan or regulation; or

• B. Any proposed amendment of any previously adopted precise plan or regulation based upon the general plan, or any element thereof or any part of any element thereof, the council may, by ordinance or resolution, adopt the proposed precise plan or regulation or proposed amendment.

(Prior code § 11108; Ord. 19065.)

Before adopting the proposed precise plan or regulation or amendment, the council shall hold at least one public hearing thereon. Notice of time and place of the hearing shall be given one publication in a newspaper of general circulation in the city at least ten days before the date set for hearing. (Prior code § 11109; Ord. 19065.)

Procedure required for council changes.

The council shall not make any change in any proposed precise plan, regulation or amendment

recommended by the planning commission until the proposed change has been referred to the planning commission for a report, and a copy of the report has been filed with the council. Said report shall be advisory only and shall not be binding upon the council. The failure of the planning commission to report within forty days after reference, or such longer period as may be designated by the council at the time of such reference, shall be deemed to be approval by the commission of the proposed change. Pending receipt of such report, the council shall continue, from time to time, any public hearing theretofore commenced on the proposed precise plan or regulation or amendment recommended by the commission with respect to which said change was proposed by the council, to a time subsequent to the receipt of said report from the planning commission so that same may be considered at such hearing; provided, that said hearing shall not be continued to a date later than fifteen days after the expiration of said forty-day or longer designated period. Upon the failure of the commission to report within said forty-day or longer designated period, or after receipt of the planning commission's report on such proposed change and consideration thereof at such continued public hearing, the council may adopt any proposed precise plan, regulation or amendment which has been recommended to it by the planning commission with the changes proposed by the council.

(Prior code § 11110; Ord. 19065.)

When it deems it to be for the public interest, the council may initiate and adopt an ordinance or resolution establishing precise plans or regulations, or amendments to precise plans or regulations previously adopted by it.

(Prior code § 11111; Ord. 19065.)

The council shall first refer such proposed precise plan, regulation or amendment to the plan-

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§ 18.12.130

ning commission for a report. Before making a report, the commission shall hold at least one public hearing upon the proposed precise plan, regulation or amendment. Notice of the time and place of such hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date set for hearing. Said report shall be advisory only and shall not be binding upon the council, and failure of the commission to hold such hearing or make such report shall not deprive the council of authority to adopt such proposed precise plan, regulation or amendment. (Prior code § 11112; Ord. 19065.)

After receipt of a report thereon from the planning commission or upon and after failure of the commission to report to the council thereon within ninety days after the reference thereof to the commission or such longer period as may have been designated by the council at the time of such reference, the council shall hold at least one public hearing on such proposed precise plan, regulation or amendment. Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation at least ten days before the date set for the hearing. After such hearing, the council may adopt an ordinance or resolution adopting and establishing such proposed precise plan, regulation or amendment.

(Prior code § 11113; Ord. 19065.)

Part 3

ADMINISTRATION*

No building, structure or other improvement costing more than five hundred dollars to construct or install shall hereafter be placed or constructed within the right-of-way lines for proposed new streets or within the future right-of-way lines for existing streets proposed to be widened, as said right-of-way lines are set forth in any precise plan adopted by the council; and no building, structure or other improvement costing more than five hundred dollars shall hereafter be constructed or placed closer to such right-of-way lines for existing streets proposed to be widened that shall be permitted in any precise regulation adopted by the council limiting the location of buildings, structures or other improvements with respect to such right-of-way lines. (Prior code § 11120; Ord. 19065.)

The building official shall not issue a building permit for any building, structure or other improvement prohibited under the provisions of Section 18.12.150. He shall inform the applicant of the reason for his refusal to issue a permit. (Prior code § 11121; Ord. 19065.)

Sections:

*State law reference— For statutory provisions on administration of specific plans, see Gov. Code § 65550 et seq.

Any person who is refused a building permit pursuant to the provisions of Section 18.12.160 may appeal to the planning commission and request a hearing on the matter before said commission.

(Prior code § 11122; Ord. 19065.)

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§ 18.20.020

• A. Within ten days after the conclusion of any such hearing, the commission shall direct the building official to issue a building permit if said commission finds all of the following to be true:

  1. That the entire property, of which the portion directly affected by the precise plan or regulation is a part, is of such nature that the owner thereof will be substantially damaged by the refusal to grant the permit;

  2. That the entire property will not earn a fair return on the owner's investment therein unless the construction involved is authorized;

  3. That, balancing the interests of the public in keeping open and unimproved the portion of the owner's entire property directly affected by the precise plan or regulation against the interests of the owner of the entire property in being allowed to make the construction involved, the granting of a permit is clearly required by consideration of justice and equality.

• B. If the commission finds that any one of the conditions set forth under subdivisions 1, 2 or 3 above is not true, it shall not direct the building official to issue a building permit.

• C. Notwithstanding the provisions of Section 18.12.160, the building official shall issue a building permit when directed to do so by the planning commission.

(Prior code § 11123; Ord. 19065.)

Nothing contained in this Part 3, shall be construed as permitting the construction of any building, structure or other improvement within the right-way lines of existing streets, or within the

right-way lines of streets which are hereafter open or dedicated to public use or in contravention of the provisions of any other title of this Code. (Prior code § 11124; Ord. 19065.)