HomeMy Public PortalAboutOrdinance 325ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF BEAUMONT,
CALIFORNIA, ESTABLISHING AN OFFICI4L
PLAN OF STREETS AND HIGHWAYS
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS:
Section 1. In order to promote, coordinate and secure orderly and
efficient, economical and consistent development plans and improvements,
and in order to serve the public health, welfare and safety of the City of
Beaumont, precise plan lines for the reservation of future rights of way
and an official plan of streets and highways are hereby adopted to be
hereafter known as the Official Plan of Streets and Highways of the
City of Beaumont.
Section 2. Said Official Plan of Streets and Highways is set forth
on the map published concurrently herewith made a part hereof and attached
hereto and on which is shown by appropriate symbol the official plan of
streets and highways of the City of Beaumont; that said Official Plan
of Streets and Highways shall consist of the
said plan which is a part hereof.
Section 3. The procedure for preparing
within ordinance and the
and adopting additions
to
or amendments of all or any portion of Official Plan of Streets and
Highways, or adopting a precise plan of streets and highways, shall
conform to the provisions of Title 7, Government Code Chapter 1,
Conservation and Planning Law.
Section 4. (a) Proceedings for the establishing of precise plan
lines and for the rights of way along any portion of streets or planned
streets in the City of Beaumont may be initiated by the City Council, the
Planning Commission of the City of Beaumont, or by petition.
Descriptions of the streets or portions of streets along which such
precise plan lines are sought to be established shall be given and shall
be accompanied by a sketch or map showing the streets and lot line or
lines and the proposed rights of way lines, and the proposed rights of way
lines and the distances thereof from the established center line or
existing line or regularly established property line or surface and
subsurface buildings and structures.
Page 1
(b) Before any action shall be taken by the City Council
concerning proposed precise plan lines for future rights of way, said matter
shall be referred to the Planning Commission of the City of Beaumont for
a report and recommendation. Said Planning Commission shall hold at least
one public hearing and shall give notice of the time and place thereof by
publishing notice thereof at least once in a newspaper of general circulation
published and circulated in the City of Beaumont, and by causing notices to
be posted along the planned rights of way in front of each block where such.
precise plan lines are proposed to be established, and if any block is over
500 feet in length, such notices shall be posted not more than 500 feet apart
along said planned right of way.
Upon completion of the public hearing, the Planning Commission shall
submit its report and recommendation to the City Council forthwith concerning
said matter.
Section 5. Additions to or amendments of the Official Plan of Streets
and Highways by precise plan shall be adopted by ordinance in the manner
prescribed by law.
(a) Each such amendatory ordinance shall contain as a part thereof
a detailed map of the streets or highways project or projects made the subject
of such amendment, provided that for purposes of legal publication a suitable
reduced scale map may be used.
(b) Precise plans for streets and highways, when adopted, pursuant
to this ordinance, shall in each separate case be consecutively numbered as
an item under this Paragraph of this Section 5 of this Ordiaance No. 325.
(c) Before the adoption of any such precise plan lines as herein
authorized, the City Council shall pass a resolution of
intention designating
the precise plan line or lines to be established, which said resolution shall
be published once in a newspaper of general circulation, published and
circulated in the City.
(d) A copy of said resolution shall be posted conspicuously along
the streets in front of each block where such precise plan lines are proposed
to be established; if any block is over 500 feet in length, a copy of said
resolution shall be posted not more than 500 feet apart along the streets
where such plan lines are proposed to be established.
Page 2.
(e) Said resolution shall contain a notice of the day, hour, place,
when and where any and all persons having any objections to the establishment
of the proposed precise plan line or lines may appear before the City Council
and present any objections which they may have to said proposed precise plan
line or lines as set forth in said resolution of intention.
(f) Said time for hearing shall be not less than fifteen nor more
than thirty days from the date of the adoption of the resolution of intention;
and said publication and posting of said resolution shall be made at least
ten days before the dtte of said hearing.
(g) At any time not later than the hour set for hearing objections
and protests to the establishment of the proposed precise plan line or lines,
any person having any interest in any land upon which said precise plan lines
are proposed to be established, may file with the City Clerk a written protest
or objection against the establishement of said precise plan line or lines
designated in the Resolution of Intention.
Such protest must be in writing and delivered to the City Clerk
not later than the hour set forth for said hearing; no other protest or
objection shall be considered.
(h) All opponents may appear before the City Council at said
hearing in person or by counsel and be heard in support of their protest
or objection.
(i) At the time set for hearing or any time to which the said
hearing may be continued, the City Council shall proceed to hear and pass
upon all protests or objections so made; and its decision shall be final
and conclusive.
The City Council shall have the power and jurisdiction to sustain
any protests or objections and abandon said proceeding, or to deny any and
all protests or objections, and order, by ordinance, the establishment of
said precise plan line or lines described in the Resolution of Intention;
or to order the same established with such changes or modification as the
City Council may deem proper.
(j) After the adoption of said Resolution of Intention and prior
to the time the ordinance establishing a precise plan line or lines in such
Page 3.
proceedings becomes effective, no building permit shall be issued for the
erection of any building or structure between any proposed precise plan
lines and the street lines, and any permit so issued shall be void.
(k) From and after the taking effect of any ordianance establishing
any precise plan line or lines, it shall be unlawful for any person, firm
or corporation to constructany building or structure within the space between
the street lines and the precise plan lines so established, and the Building
Inspector shall refuse to issue any permit for any building or structure
proposed to be erected within such space and any permit so issued shall be
void.
Section 6. If buildings, utilities or other installations exist within
reserved areas as set forth in Section 5 hereof, on the effective date of
this Ordinance, or on the effective date of any item subsequently adopted
under the provisions of this Ordinance, such nonconforming buildings,
utilities or other installations may continue with reasonable maintenance
but shall not be enlarged or replaced except as provided in Section 7 hereof.
Section 7. If practical difficulties, unnecessary hardships or results
inconsistent with the general purpose of this Ordinance result through strict
and literal interpretations and enforcement thereof as it applies to Section 6
hereof, the Planning Commission of the City of Beaumont upon written application
from the owner of the property affected shall have authority subject to the
approval of the City Council to create a variance from the provisions of
this Ordinance as may be in harmony with its general purpose and intent,
so that the spirit of this Ordinance shall be observed, public safety and
welfare served and substantial justice done.
The xpa procedures required for variances and appeals from the zoning
ordinance (Ordinance No. 282) shall likewise apply to variances and appeals
from the provisions of this Ordinance.
Section 8. Any person, firm or corporation violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and upon convicition
thereof shall be punishable by a fine not to exceed $300.00, or by imprisonment
in the City Jail for a period of not exceeding ninety (90) days or by both
such fine and imprisonment. If such person, firm or corporation shall be
Page 4.
deemed guilty of a separate offense, for every day during any portion thereof,
any violation of any provision of this Ordinance is committed, continued or
permitted by such person, firm or corporation, they shall be punishable
for it as provided in this Ordinance.
Section 9. All other ordinances or parts thereof which are in conflict
with the provisions hereof, are hereby repealed.
Section 10. The City Clerk of the City of Beaumont shall certify to
the adoption of this Ordinance and shall cause the same to be published once
in the Beaumont Gazette, a newspaper of general circulation, printed,
published and circulated in the City of Beaumont, and thirty (30) days
after its adoption, this Ordinance shall be in full force and effect.
PASSED AND ADOPTED this 25th day of S4tember., 1961.
Aubrey J.
City of Beaum
ATTEST:
Mayor of the
City Clerk
I, BERNICE CONINE, City Clerk of the City of Beaumont, California,
hereby certify that the foregoing Ordinance, being Ordinance No. 325 of the
City of Beaumont, was introduced and read at a regular meeting of the
City Council of the City of Beaumont, duly held on the 14th day of
November, 1960, and that the same was duly passed and adopted at a
regular meeting of said City Council duly held on the 25th day of
September, 1961.
AYES: Councilmen Houston, Leeb, Moore, McClellan and Allen.
NOES: Councilmen None.
ABSENT: Councilmen None.
City Clerk of the City of
Beaumont, California
Page 5.