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HomeMy Public PortalAboutOrdinance 661ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT REPEALING CHAPTER 17.90 AND SECTION 17.14.005 OF THE BEAUMONT MUNICIPAL CODE AND ADDING CHAPTER 17.90, SECTIONS 17.12.170 THROUGH 17.12.200 AND SECTION 17.14.005, DEALING WITH ZONING AMENDMENTS, CHANGE OF ZONE AND GENERAL PLANS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1: Chapter 17.90 is SECTION 2: Chapter 17.90 is Chapter Sections: 17.90.005 17.90.010 17.90.015 hereby repealed. added to read as follows: 17.90 ZONING AMENDMENTS AND CHANGE OF ZONE 17.90.015.1 17.9 0.015.2 17.90.015.3 17.9 0.015. 4 17.90.015.5 17.90.020 Amendments and Change of Zone - Intent. Applications. Manner of adoption and amendment of zoning ordinance; Report of Planning Commission; Procedure in absence of report. Planning Commission's hearing, and notice thereof. Recommendation to City Council. City Council's hearing, and notice thereof. Approval, modification, or disapproval of recommendation. Continuances. Interim Zoning. 17.90.005 Amendments and Change of Zone - Intent. Amendments to Title 17 shall be made in accordance with the procedure set forth in Chapter 4 of the Planning and Zoning Law (California Government Code, Section 65800, et seq.), as now enacted or hereafter amended, and with the requirements of this Title. An amendment to this Title may be initiated by either the Planning Commission or the City Council. 17.90.010 Applications and determination of consistency with the General Plan. A. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a change in zoning classification that has been applied to his property. The right to request consideration of zone change does not imply that the change will be approved. B. Applications shall be made to the Planning Commission, on forms provided by the Community Development Department, shall supply all required information, and shall be accompanied by a filing fee as provided in the fee ordinance. C. An application for a change of zone shall not be set for a public hearing unless: 1. All procedures required by the City of Beaumont Rules Implementing the California Environmental Quality Act to hear a matter have been completed, and 2. The requested change of zone is consistent with the City of Beaumont General Plan. D. The Community Development Director shall within ten (10) days after a completed zone change application has been filed with the Community Development Department determine if the proposed zone change is or is not consistent with the General Plan of the City. If the Community Development Director determines that a requested change of zone is inconsistent with the City of Beaumont General Plan, the Community Development Director shall do one of the following: -1- 4/15/88 1. Determine that the requested zone change is a better use than the current General Plan designation and recommend that the General Plan be amended; in which case the application shall be processed and submitted to hearings concurrently with the next regularly scheduled General Plan amendments; or 2. Determine that the requested zone change is inconsistent with the General Plan and recommend that the General Plan not be amended; in which case the application will not be processed unless and until the General Plan is amended and the request is consistent with the General Plan. E. A determination that a requested zone change is inconsistent with the General Plan may be appealed in writing to the Planning Commission, requesting the right to file and process the application over the objection by the Community Development Director, within ten (10) days after the Community Development Director has mailed or delivered a notice of his determination to the applicant. The written appeal shall be accompanied by a filing fee as provided in the fee ordinance. If an appeal is filed, the matter shall be set for a hearing before the Planning Commission not less than fifteen (15) nor more than forty-five (45) days thereafter and notice of the date of hearing shall be mailed to the appellant. The decision of the Planning Commission as to the right to file the application for change of zone shall be final; however, it shall not constitute a final decision as to consistency of the proposed zone change with the General Plan. 17.90.015 Manner of adoption and amendment of zoning ordinance; Report of Planning Commission; Procedure in absence of report. A. A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Subdivision B. not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 17.90.015.1 to 17.90.015.4, inclusive. Such amendments shall be placed on the Agenda of the Planning Commission for its consideration upon written request of any Planning Commissioner, member of the City Council or the Community Development Director or by formal request of the City Council. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. When the City Council has requested the Planning Commission to study and report upon a zoning ordinance or amendment which is within the scope of this Section and the Planning Commission fails to act upon such request within a reasonable time, the City Council may, by written notice, require the Planning Commission to render its report within forty (40) days. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required by Section 17.90.015.1. Failure to so report to the City Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance by the Planning Commission, and the City Council shall then consider the matter in accordance with the procedures in Sections 17.90.015.3 and 17.90.015.4. B. Proposed ordinances must be adopted as set forth in Subdivision A. if they do any of the following: 1. Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. 2. Regulate signs and billboards. 3. Regulate all of the following: a. The location, height, bulk, number of stories, and size of buildings and structures. b. The size and use of lots, yards, courts, and other open spaces. c. The percentage of a lot which may be occupied by a building or structure. d. The intensity of land use. -2- loading. 4. Establish requirements for offstreet parking and 5. Establish and maintain building setback lines. 6. Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts. 17.90.015.1 Planning Commission's hearing, and notice thereof. The Planning Commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Section 17.12.170 and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of specific real property, notice shall also be given pursuant to Section 17.12.180. 17.90.015.2 Recommendation to City Council. After the hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the City Council in such form and manner as may be specified by the City Council. 17.90.015.3 City Council's hearing, and notice thereof. A. Upon receipt of the recommendation of the Planning Commission, the City Council shall consider the matter at its next regularly scheduled meeting. Said consideration may be in the form of a "First Reading" of the ordinance. Prior to adoption of any ordinance or other action recommended by the Planning Commission, the City Council shall hold a public hearing. However, if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not be required to take any further action on the amendment unless an interested party requests a hearing by filing a written request with the City Clerk within fifteen (15) days after the Planning Commission files its recommendations with the City Council. B. Notice of the hearing shall be given pursuant to Section 17.12.170. 17.90.015.4 Approval, modification, or disapproval of recommendation. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification. 17.90.015.5 Continuances. Any public hearing conducted under this Chapter may be continued from time to time. 17.90.020 Interim Zoning. A. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council, pursuant to Government Code Section 65858, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or the Community Development Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths (4/5) vote of the City Council for adoption. The interim ordinance shall be of no further force and effect forty-five (45) days from its date of adoption or four (4) -3- months if adopted on or after January 1, 1989. After notice pursuant to Section 17.12.170 and public hearing, the City Council may extend the interim ordinance for ten (10) months and fifteen (15) days or eight (8) months if adopted on or after January 1, 1989 and subsequently extend the interim ordinance for one (1) year. Any such extension shall also require a four-fifths (4/5) vote for adoption. Not more than the two such extensions may be adopted. B. Alternatively, an interim ordinance may be adopted by a four-fifths (4/5) vote following notice pursuant to Section 17.12.170 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from its date of adoption or one (1) year if adopted on or after January 1, 1989. After notice pursuant to Section 17.12.170 and public hearing, the City Council may by a four-fifths (4/5) vote extend the interim ordinance for twenty-two (22) months and fifteen (15) days or one (1) year if adopted on or after January 1, 1989. C. When any such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this Section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension of the ordinance as provided in this Section. D. Adoption of an interim ordinance shall be deemed an order of the City Council to the Planning Commission to initiate a zoning study of the land that has been placed in the interim zone, which may include the study of other land in the vicinity thereof. E. The Clerk shall schedule a public hearing before the Council to consider an extension of an interim ordinance which shall normally be at its second regular meeting before expiration of the initial forty-five (45) day period and of any subsequent extension. The Clerk shall publish notice ten (10) days before the hearing. This Subsection shall not be applied if the effective date of subsequent permanent zoning ordinance applicable to the same land will have passed before such expiration, or if the interim ordinance has been repealed, or if the Council shall otherwise order. F. At or before the public hearing on the proposed extension of an interim ordinance, the Community Development Director shall make a written report to the City Council on the status of the zoning study. G. The prohibition of uses by interim ordinance may in whole or in part be imposed by applying on an interim basis one or more of the zoning designations provided for by Title 17 by reference to the applicable zoning symbols preceded by "I-" or to the title of a zoning classification preceded by "Interim". H. Whenever any area is placed in an interim zone, that area is subject to all of the provisions of Title 17 including its penalty provisions, applicable to the zone in which it has been placed. For the period of time that the interim zoning ordinance is in effect the permanent zoning is deemed superseded, but upon expiration thereof, the permanent zoning shall again be in full force and effect unless it has been previously repealed or superseded by new permanent zoning. SECTION 3: Sections 17.12.170 through 17.12.200, inclusive, are added to read as follows: 17.12.170 Notice by publication or posting. A. When a provision of this Title requires notice of a public hearing to be given pursuant to this Section, notice shall be published once in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten (10) days prior to the hearing in at least three (3) public places within the City. B. The notice shall include the information specified in Section 17.12.200. -4- 17.12.180 Notice by mail or delivery. A. When a provision of this Title requires notice of a public hearing to be given pursuant to this Section, notice shall be given in all of the following ways: 1. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property, as shown on the latest equalized assessment roll, within three hundred (300) feet of the real property that is the subject of the hearing, and on records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this Paragraph is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing. 2. If the notice is mailed or delivered pursuant to Paragraph 1., the notice shall also be published once in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing, or posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the City, including one (1) public place in the area directly affected by the proceeding. B. The notice shall include the information specified in Section 17.12.200. 17.12.190 Written request for notice. When a provision of this Title requires notice of a public hearing to be given pursuant to Section 17.12.170 or 17.12.180, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with either the City Clerk or with the Community Development Department. 17.12.200 "Notice of public hearing"; Contents. As used in this Chapter, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. SECTION 4: Section 17.14.005 is hereby repealed. SECTION 5: Section 17.14.005 is added to read as follows: 17.14.005 General Plan. A. The General Plan of the City of Beaumont, or any part or element thereof, and any amendment to the Plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this Title. Amendments of the General Plan shall be set for hearing upon order of the Planning Commission or the City Council; but in any event, not more frequently than four (4) times during any calendar year, except as provided in Government Code Section 65358. B. A proposal to adopt or amend any element of the General Plan shall not be considered at a public hearing until all procedures required by the City of Beaumont Rules Implementing the Calfiornia Environmental Quality Act to hear a matter have been completed. SECTION 6: This Ordinance shall take effect as provided by law. PASSED AND ADOPTED on this 9th day of May , 1988, upon the following roll call vote. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: CITY CLERK APPROVE AS TO FO CITY ATTO MAY OF THE CITY OF BEAUMONT CERTIFICATION I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on April 25 , 1988, and was duly adopted upon second reading on May 9 , 1988, upon the following roll call vote: AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. CITY CLERK, CITY OF BEAUMONT