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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.