§ 96.2

a) Precise plans may be initiated by the City Council, the Planning Commission, the Planning Director or by the owner or developer of a parcel of land for which the precise plan is designed. Whenever the application is made by a person having less than the fee simple title to the land, the Planning Commission shall require that the holders of the reversionary or remainder interests consent thereto in writing.

b) Precise plans shall be accompanied by a fee as provided in Chapter 9 of this Division.

A precise plan may include:

a) Provisions for the utilization of land and the utilization and design of buildings and other improvements, the height and bulk of buildings, and the open spaces about buildings.

b) Limitations on the location of buildings and other improvements with respect to existing or planned rights-of-way and establishing precise locations for planned rights-of-way.

c) Such other matters which will accomplish the systematic execution of the general plan and promote good planning.

a) Upon receipt of such application or other initiatory action, the Planning Director shall:

1. Set the date, time and place for a public hearing thereon before the Planning Commission and send notice thereof to the owners of land in the City included within a three hundred (300) foot radius of the exterior boundaries of the land to be subjected to the precise plan, as shown on the last equalized assessment roll; and

2. Publish a notice of such hearing at least once in a newspaper of general circulation within the City not less than ten (10) days before a hearing is to be held.

b) The Planning Commission shall conduct the hearing in an informal manner. The rules of evidence shall not apply. The hearing may be continued from time to time without the giving of further notice, other than an announcement at the time of continuance of the date, time and place of such continued hearing.

a) After the conclusion of the hearing, the Planning Commission shall approve or disapprove the precise plan in whole or in part.

b) If the precise plan is approved, the Commission may impose thereon such conditions as the Commission may deem desirable to effectuate the purpose of the Official Land Use Plan and the best interests of the City. A precise plan shall not become effective until the passage of a written resolution of the Commission approving the plan. Prior to the passage of such resolution, the Commission may reconsider its decision, set and hold a new public hearing thereon in the manner provided in Section 96.2.3. Thereafter the Commission shall approve or disapprove the plan, but such reconsidered decision shall not be subject again to reconsideration.

c) If the precise plan is disapproved, the decision of the Commission shall be final unless appealed pursuant to the provisions in Section 96.2.5.; provided, however, that the Commission may reconsider its action at its next regular meeting, rescind the motion disapproving the plan, and set and hold a new public hearing thereon in the manner provided in Section 96.2.3. Thereafter the Commission shall approve or disapprove the plan, but such reconsidered decision shall not be subject again to reconsideration.

(Amended by O-2022; O-2822)

The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

96.2.7 Repealed by O-2822.

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