Chapter 15A
OFFICIAL PLAN LINES1
Sections:
ARTICLE I. IN GENERAL
15A.4 Applicability of chapter.
15A.5 Adoption of official plan lines—In accordance with state law.
15A.6 Same—Outside the city—Approval by county; when effective.
15A.7 Same—Same—Approval by adjoining city.
ARTICLE II. MAPS
15A.8 Delineation of official plan lines on maps; adoption.
15A.9 Designation and certification.
15A.10 Incorporation by reference; renumbering of prior ordinances and maps.
15A.11 General specifications.
ARTICLE III. VARIANCES
15A.13 Prerequisites to granting.
15A.16 Hearing before planning commission.
15A.18 Revocation or modification—Authority; notice of hearing.
15A.20 Appeal to city council.
ARTICLE I. IN GENERAL
15A.1 Short title.
This chapter which is adopted pursuant to Articles 10 and 11 of Chapter 3, Title 7 of the Government Code, shall be known and cited as the “Official Plan Lines Ordinance of the City.” (Ord. No. 674, pt. 1, § 2)
15A.2 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Map” means an illustration, including a drawing, aerial photograph or photomap, accurately indicating the precise location of a planned right-of-way or portion thereof.
“Official plan line” means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway or any other type of public way which planned right-of-way is based on the general plan of the city.
“Right-of-way” means all or any part of the entire width of a road, street or highway casement whether or not such entire area is actually used for road, street or highway purposes. (Ord. No. 674, pt. 1, § 4)
15A.3 Purpose of chapter.
The purpose of this chapter is to protect and promote the public health, safety, peace, comfort or general welfare and to accomplish more particularly the following purposes:
(a) To provide for the systematic execution of the circulation element of the general plan of the city by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way.
(b) To provide an authentic source of information as to the development of the city for residents and investors. (Ord. No. 674, pt. 1, § 1)
15A.4 Applicability of chapter.
No building, structure or other improvement shall be erected, constructed, enlarged or placed within the official plan lines established by this chapter, except that this provision shall not apply to garden and agricultural crop planting. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits, licenses or grant approval of the subdivision of land shall conform to the provisions of this chapter and shall issue no such permit, license or approval for uses, buildings, structures or subdivisions where the same would be in conflict with the provisions of this chapter, and any such permit, license or approval, if issued in conflict with the provisions of this chapter, shall be null and void. (Ord. No. 674, pt. 1, § 3.)
15A.5 Adoption of official plan lines—In accordance with state law.
Official plan lines shall be adopted in accordance with article 11 (commencing at section 65650), chapter 3, title 7 of the Government Code of the state. (Ord. No. 674, pt. 2, § 1.)
15A.6 Same—Outside the city—Approval by county; when effective.
The planning commission and the city council may hold hearings in the manner prescribed in section 15A.5 to adopt official plan lines for unincorporated areas outside of the city boundaries which, in the planning commission’s or city council’s judgment, bears relation to its planning.
Whenever hearings are to be held on official plan lines covering land outside the city boundaries, a notice of such hearing shall be transmitted to the county planning commission and the board of supervisors along with copies of appropriate maps for comment from such county planning commission or board of supervisors. If no comments are received within forty days after transmittal, such proposal shall be deemed to be acceptable with the county planning commission and board of supervisors.
Official plan lines adopted for land outside the city boundaries do not become effective until such land is duly annexed to the city. (Ord. No. 674, pt. 2, § 2.)
15A.7 Same—Same—Approval by adjoining city.
Whenever an official plan line is being considered which affects an adjacent city, the secretary of the planning commission shall transmit a copy of the proposed map to the appropriate adjacent city planning commission for its comments. If no comments are received within forty days after transmittal, such proposal shall be deemed acceptable with such adjacent city planning commission. (Ord. No. 674, pt. 2, § 2.)
ARTICLE II. MAPS
15A.8 Delineation of official plan lines on maps; adoption.
Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall upon adoption by the planning commission and the city council be made a part of this chapter and be incorporated herein under section 15A.10. (Ord. No. 674, pt. 3, § 1.)
15A.9 Designation and certification.
Each map adopted pursuant to the provisions of this chapter shall be designated “Official Plan Lines of (here shall be inserted the name of the street or highway) between (here shall be inserted the names of the streets or other appropriate places which identify the ends of the particular official plan lines).” Each map shall have the following certificates which may either be places directly on the map or attached to it:
I hereby certify that this map (or, the map attached hereto), consisting of ________ sheets, constitutes a precise plan based on the Circulation Element of the General Plan of the City of Gilroy, which precise plan was recommended for adoption by Resolution No. ________ of the City of Gilroy Planning Commission on ________.
______________________________
Secretary of the Planning Commission
I hereby certify that this map (or, the map attached hereto), consisting of ________ sheets, constitutes (section) ________ of the Code of the City of Gilroy Municipal Code, which section was adopted as Ordinance No. ________ by the City of Gilroy Council on _________.
____________________________
Clerk of the City of Gilroy
(Ord. No. 674, pt. 3, § 2.)
15A.10 Incorporation by reference; renumbering of prior ordinances and maps.
All maps adopted pursuant to this chapter shall be incorporated by reference in this chapter and not set out herein.
Ordinances which have previously2 adopted maps designating the boundaries of official plan lines and the maps thereby adopted shall be incorporated and renumbered as part of this section.
No official plan line adopted under any ordinance renumbered by this section is affected by such renumbering, but such official plan line shall be subject to the provisions of this chapter. (Ord. No. 674, pts. 4, 6, 7.)
15A.11 General specifications.
Maps shall be of such size, composition and type of material as specified by the county recorder. (Ord. No. 674, pt. 3, § 3.)
15A.12 Filing with county.
The city clerk shall cause a certified copy of each map adopted pursuant to this chapter, together with all data and information indicated thereon, to be filed in the office of the county recorder for the information and convenient inspection by the public. (Ord. No. 674, pt. 3, § 3.)
ARTICLE III. VARIANCES
15A.13 Prerequisites to granting.
The planning commission shall hear and decide applications for variances from the terms of this chapter when all the following circumstances are found to apply:
(a) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships.
(b) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property.
(c) The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the general plan of the city. (Ord. No. 674, pt. 5, § 1.)
15A.14 Application.
Any person desiring to obtain a variance from the terms of this chapter shall file an application with the secretary of the planning commission, subject to the payment of a fee of ten dollars, on such form as shall be prescribed by the commission. The application shall state the nature of the variance requested and be accompanied by a legal description of the affected property and by such exhibits as may be required by the commission in support of the application. (Ord. No. 674, pt. 5, § 2.)
15A.15 Notice of hearing.
The secretary of the planning commission, shall set the time and place where public hearing on an application for variance shall be held and shall cause public notice of such hearing to be mailed to the owners of all property within three hundred feet of the property affected by the application at their last known addresses as the same are shown on the most recent records of the county assessor. The notice shall be mailed at least five days before the date of the public hearing. A similar notice shall be mailed to the applicant and the director of public works. The secretary may give notice to other interested cities or the county. (Ord. No. 674, pt. 5, § 3.)
15A.16 Hearing before planning commission.
The planning commission shall hear the matter and render a decision to grant or deny the requested variance. No decision of the commission on an application for a variance shall become final until the time in which an appeal may be filed with the city council has elapsed without an appeal having been filed. (Ord. No. 674, pt. 5, § 4.)
15A.17 Additional conditions.
The grant of any variance may include such conditions as the planning commission deems reasonable to carry out the provisions of this chapter. Such conditions, without limiting the authority of the commission in this regard, may include a time limitation. (Ord. No. 674, pt. 5, § 5.)
15A.18 Revocation or modification—Authority; notice of hearing.
The planning commission on its own motion may, and if instructed by the city council shall, without the filing of any petition, hold a hearing for modifying or revoking a variance which has been granted by the city council or the commission pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter. Not less than ten days prior to the date of hearing for modification or revocation, the secretary of the planning commission shall serve upon the owner of the premises involved a written notice of the time and place of such hearing by certified mail, postage prepaid. The secretary shall also give notice of such hearing to the director of public works. (Ord. No. 674, pt. 5, § 6)
15A.19 Same—Grounds.
After a public hearing, the planning commission may revoke or modify a variance on any one or more of the following grounds:
(a) That the use for which the variance was granted is being or recently has been exercised contrary to the terms or conditions of the variance.
(b) That the use for which the variance was granted is not being exercised.
(c) That the use for which the variance was granted has ceased or has been suspended for one year or more. (Ord. No. 674, pt. 5, § 7)
15A.20 Appeal to city council.
The following procedure shall apply in cases of appeal from the decision of the planning commission:
(a) Within seven (7) calendar days after the decision of the planning commission on an application for a variance from the terms of this chapter, or on a revocation or modification of a variance previously granted pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter, any person dissatisfied with the action of the commission may file an appeal for such action with the clerk of the city subject to the payment of a fee of twenty-five dollars.
(b) The appeal shall be heard by the city council within thirty days after the filing of the appeal; provided, that the city council may continue from time to time any hearing held by it.
(c) The clerk of the city council shall set the time and place for the appeal to be heard by the council. The clerk shall cause notice of such hearing to be mailed at least five days before the date of the hearing to the same property owners and agencies who received the mailed notice of the hearing before the planning commission under section 15A.15. A similar notice shall be mailed to the applicant for the variance and the appellant. On an appeal from a revocation or modification of a variance, notice shall be given only to the appellant.
(d) The secretary of the planning commission shall transmit to the city council all maps, records, papers and files which constitute the record in the action from which the appeal was taken.
(e) The city council shall hear and decide the matter de novo as if no other hearing had been held. The decision of the city council on an appeal shall be final. (Ord. No. 674, pt. 5, § 8)
For state law as to authority for and scope of precise plans, see Gov. C., §§ 65600 to 65603. As to precise plans and regulations generally, see Gov. C., §§ 65600 to 65704.
As to planning commission, see §§ 2.3 to 2.5 of this Code.
The ordinance from which this chapter derives was adopted April 16, 1962.