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hereby repealed.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:
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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.
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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)
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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.
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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