Chapter 14-38
SPECIFIC PLAN OF STREETS AND HIGHWAYS
Sections:
14-38.030 Planning Commission public hearings.
14-38.040 Planning Commission decisions and notices thereof.
14-38.050 Council public hearings.
14-38.070 Notification upon adoption.
14-38.080 Changes or modifications.
14-38.090 Periodic reviews of specific plan lines.
14-38.100 Preparation and contents of maps.
14-38.110 Engineering studies.
14-38.120 Effect of provisions: Construction prohibited.
14-38.130 Licenses and permits.
14-38.140 Nonconforming improvements.
14-38.150 Variances: Authority and grounds.
14-38.190 Department investigations.
14-38.200 Planning Commission hearing date and notice.
14-38.210 Planning Commission public hearings: Decisions and notice thereof.
14-38.010 General.
In order to conserve and promote the public health, safety, and general welfare, a City-wide specific plan of streets and highways, as provided by the Planning and Zoning Law of the State, and acts amendatory thereto, pertaining to Specific Plan of Streets and Highways, shall be adopted in accordance with the provisions of this chapter and in accordance with the General Plan showing the locations and widths of a system of major traffic thoroughfares and other traffic ways and streets. For the purposes of convenience and because of practical requirements and limitations attendant with the development of said specific plan, the Council hereby declares its intention to develop and expand said specific plan of streets and highways progressively by the adoption from time to time, in the manner prescribed by law and in conformance with the General Plan, of detailed plans for major divided streets, major streets, industrial streets, secondary streets, and local streets and that when such detailed plans have been prepared, processed, and adopted as set forth in this chapter, they shall become a part of the Specific Plan of Streets and Highways.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.020 Adoption procedure.
A specific plan of streets and highways or a unit thereof, and any additions or amendment thereto, shall be adopted by ordinance in accordance with the procedure set forth in this chapter.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.030 Planning Commission public hearings.
Upon the filing of the specific plan of streets and highways or a unit thereof, and the required maps with respect thereto, with the Planning Department by the Public Works Department, the Commission shall hold at least one public hearing on the matter.
(a) A notice of public hearing shall be given as to the time and place by the Planning Director not less than ten (10), nor more than forty (40), days after the filing of such specific plan.
(b) Notice shall be given by publication once in a newspaper of general circulation within the City and by mad to not less than the following persons or agencies:
(1) The owner or owners of each property lying within such precise plan line or lines;
(2) The Division of Highways, California Department of Public Works;
(3) The City Public Works Department; and
(4) Utility companies or agencies.
(Ord. 506.80 C-M, eff. September 11, 1980)
14-38.040 Planning Commission decisions and notices thereof.
Upon the receipt of the information necessary for action consistent with the intent and the purposes of this chapter from the Planning Department and the Public Works Department, the Commission shall hold a public hearing, which may be continued from time to time.
(a) Upon the completion of the public hearing and not later than thirty (30) days thereafter, the Commission shall render its decision by resolution.
(b) The resolution of the Commission shall recite in full the findings upon which the Commission bases its recommendation for the adoption or rejection of the specific plan line.
(c) The resolution of the Commission shall be submitted to the Council for further action.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.050 Council public hearings.
Upon the receipt of the Commission recommendation on a specific plan line, the Council shall hold a public hearing on the matter. The public hearing may be continued from time to time.
(a) Notice of the public hearing shall be given by the City Clerk and shall contain the time and the place of the hearing and other pertinent data.
(b) Notice shall be given not less than ten (10) days prior to the hearing by publication once in a newspaper of general circulation within the City.
(Ord. 506-80 C-M, eff. September 11,1980)
14-38.060 Council decisions.
Upon the completion of the public hearing and not later than thirty (30) days thereafter, the Council shall render its decision.
(a) A specific plan of streets and highways or a unit thereof, and any additions or amendments thereto, shall be adopted by ordinance in the manner prescribed by law but need not be included in, or made a part of, this chapter.
(b) Each such ordinance adding to or amending said specific sign of streets and highways shall designate the added or the amended part of said specific plan by a serially numbered unit for purposes of identity and shall include a map of the street or highway project which is the subject of said specific plan.
(c) The map of each unit of the specific plan of streets and highways shall be recorded in the office of the County Recorder in a book entitled “Record of Specific Plans”, or “Record of Precise Plans”, or such other books as may be prescribed by the County Recorder. If the County Recorder fails or refuses to provide such book, such maps shall be filed in the office of the Director of Public Works of the City in a book entitled “Record of Specific Plans”, and notice thereof shall be recorded with the County Recorder. Such map shall be so recorded within thirty (30) days following the adoption of said ordinance. There shall be maintained in said book an index of all specific plans.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.070 Notification upon adoption.
Immediately following the adoption and enactment of an ordinance establishing one or more specific plan lines, the City Clerk shall give written notice to the owner or owners of such property lying within such precise plan line or lines and to the office of the County Assessor (who shall consider such notification in conformance with prescribed assessment procedures and practices); in addition, such notice shall be forwarded, upon written request, to any persons or groups as may desire such notice.
(a) Notice of the adoption of a precise plan line shall contain, at a minimum, a copy of the text of the ordinance and a copy of the map of the precise plan line or lines as adopted.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.080 Changes or modifications.
The Council shall not make any change or addition in any proposed specific plan, regulation, or amendment thereto recommended by the Commission until the proposed change or addition has been referred to the Commission for a report, and a copy of said report has been submitted to the Council.
(a) Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition.
(b) It shall not be necessary for the Commission to hold a public hearing on such proposed change or addition.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.090 Periodic reviews of specific plan lines.
Each unit of the specific plan line of streets and highways adopted pursuant to this chapter shall be reviewed by the Commission at least once every two (2) years or on such more frequent occasions as may be directed by the Council. The Commission shall recommend to the Council any proposed amendments or modifications to said specific plan of streets and highways. Amendments and modifications to said specific plan of streets and highways shall be pursuant to the procedures set forth in Section 14-38.080 of this chapter.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.100 Preparation and contents of maps.
The Public Works Department, in conjunction with the Planning Department, is charged with the responsibility of preparing the specific plan of streets and highways and the required maps with respect thereto. The Public Works Department shall prepare a detailed map of each unit of said specific plan, and such detailed map shall be such scale as will permit the showing thereon of all dimensions and other data necessary to completely show the requirements imposed by the adoption of each such unit of the plan. The Public Works Department shall prepare for public inspection an index map of the City on which the location of each unit of said specific plan shall be shown. A copy of such index map shall be on file in the office of the Planning Department. Each unit of said specific plan displayed on said map shall bear the ordinance number adopting the same and the date thereof.
(a) For purposes of legal publications pursuant to the provisions of this chapter, the detailed map or maps of each unit of the specific plan may be reduced to a suitable scale.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.110 Engineering studies.
No unit of the specific plan of streets and highways shall he considered for adoption by the Commission or by the Council unless or until an engineering study has been conducted which shall include, but not be limited to, such factors as anticipated traffic volumes, grades, geometric sections, drainage requirements, and the area service requirements. Such study shall be conducted by, or bear the approval of, the Director of Public Works.
(Ord. 506-80 C-M, eff. September 11,1980)
14-38.120 Effect of provisions: Construction prohibited.
From and after the effective date of any specific plan line adopted pursuant to the provisions of this chapter, no building, structure, well, major utility facility, or other improvement, the aggregate value of which shall exceed an average cost of twenty-five (25) cents per square foot for each square foot of land area occupied by the improvement, shall be erected, constructed, enlarged, or established on, over, or under the area within the planned right-of-way established thereby, provided no restriction shall apply to fences or paving, or any form of agricultural or horticultural plantings or crops, or the maintenance of domestic animals.
(a) All other utility facilities customarily located within street rights-of-way may be erected, constructed, enlarged, or established on, over, or under the area within the planned right-of-way defined by the specific plan line provided a permit is first obtained from the Director of Public Works and provided, further, that before issuing such permit the Director of Public Works shall make the following findings:
(1) The facility is one customarily located on, over, or under the area within a street right-of-way; and
(2) The facility will be placed within the area defined by the specific plan line so as not to obstruct or otherwise interfere with the proper development of future road improvements.
(b) The decision of the Director of Public Works shall be final, unless such decision is appealed to the Council in accordance with procedures set forth in this title.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.130 Licenses and permits.
Any officer, employee, or official body of the City having the responsibility or authority to pass upon plans or specifications for private or public projects, or issue permits for the same, shall issue no such permit or approve any project, plan, or specification the purpose of which does not conform to any feature of the specific plan of streets and highways, except as otherwise permitted by this chapter.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.140 Nonconforming improvements.
If, on the effective date of any specific plan line adopted pursuant to this chapter, any building, structure, well, major facility, or other improvement exists on, over, or under the area within the planned right-of-way established thereby, such building, structure, well, major utility facility, or other improvement shall be deemed nonconforming and may continue with reasonable maintenance, but may not be enlarged or replaced except as provided in Section 14-38.150 of this chapter.
(Ord. 506-80 C-M. eff. September 11, 1980)
14-38.150 Variances: Authority and grounds.
If practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this chapter result from the strict and literal interpretation and enforcement of this chapter, the Commission, upon a written application from the owner of the property affected, or his authorized agent, shall have the authority to hear such variance request and to grant or deny such variance as provided in this chapter.
(a) The decision of the Commission pertaining to such variance request shall be final, unless such decision is appealed to the Council in accordance with the provisions of this title.
(b) Before a variance may be granted by the Commission, it shall determine that all of the following conditions exist in reference to the property being considered:
(1) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, including, but not limited to, size, shape, topography, location, or surroundings, such that a literal enforcement of the provisions of this chapter in the particular case would result in practical difficulties and unnecessary hardships;
(2) Such 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; and
(3) The granting of a variance will not be contrary to the intent and purpose of this chapter or to the purposes and objections of the City-wide General Plan.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.160 Variance procedure.
The procedure for the consideration of any variance request shall be as set forth in Sections 14-38.170 through 14-38.210 of this chapter.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.170 Application fees.
A variance application shall be accompanied by a filing fee in the amount set forth in Chapter 14-12 of this title. Such fee shall cover the cost of handling the application, and no part of such fee shall be returnable.
(Ord. 506-80C-M, eff. September 11, 1980)
14-38.180 Form and contents.
Applications shall be made to the Commission on forms furnished by the Planning Department and shall set forth, in detail, the reasons for the requested variance. Such applications shall show how the conditions set forth in Section 14-38.150 of this chapter are satisfied and shall provide other information as may be prescribed by the Commission to assist in determining the validity of the request.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-38.190 Department investigations.
The Planning Department shall investigate the facts bearing on each case to provide the information necessary for action consistent with the intent and purpose of this chapter.
(Ord. 506-80 C-M, eff. September 11,1980)
14-38.200 Planning Commission hearing date and notice.
(a) A public hearing date shall be set by the Planning Director for not less than ten (10), nor more than forty (40), days after the filing of the application.
(b) Notice of the public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.
(c) Notice shall be given not less than ten (10) days prior to the hearing, by publication once in a newspaper of general circulation within the City, and by mail to not less than the following persons or agencies:
(1) The Division of Highways, California Department of Public Works;
(2) The City Public Works Department; and
(3) The applicant and owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for that purpose the name and address of the last known owners of such property as shown on the latest adopted tax assessment roll.
(Ord. 5 06-80 C-M, eff. September 11,1980)
14-38.210 Planning Commission public hearings: Decisions and notice thereof.
(a) Upon the completion of a public hearing, the Commission, within thirty (30) days, shall render its decision on the application by resolution. The resolution shall recite in full the findings upon which the Commission bases its approval or denial of such variance.
(b) The resolution of the Commission shall be filed with the Council, and a copy thereof shall be mailed concurrently to the applicant at the address shown on the application.
(Ord. 506-80 C-M, eff. September 11, 1980)