HomeMy Public PortalAboutOrdinance 662ORDINANCE NO. 662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT REPEALING CHAPTER 17.14 OF THE
BEAUMONT MUNICIPAL CODE AND ADDING CHAPTER 17.14,
DEALING WITH GENERAL AND SPECIFIC PLANS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 17.14 is hereby repealed.
SECTION 2: Chapter 17.14 is added to read as follows:
Chapter 17.14
BEAUMONT CITY GENERAL PLAN AND SPECIFIC PLANS
Sections:
17.14.005
17.14. 010
17.14.015
17.14.020
17.14.025
17.14.025.1
17.14. 025. 2
17.14.025.3
17.14.025.4
17.14.025.5
17.14.030
17.14.035
17.14.040
General Plan.
Applications to Amend Land Use Element of
General Plan.
Specific Plans.
Applications for Specific Plan of Land Use.
Manner of Preparation, Adoption, and Amendment.
Requirement of Public Hearing Prior to Approval
of Recommendation by Planning Commission.
Recommendation of Commission.
Procedure for Interested Party to Request
Hearing on Planning Commission Action or
Amendment.
Requirement of Public Hearing Prior to Adoption
or Amendment by City Council.
Resolution of City Council.
Reports on Conformity with General Plan or
Specific Plan.
Application for Report on Conformity with
General or Specific Plan.
Conformance with Specific Plans.
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 this Title and of Section 65300 et seq. of the
Government Code, as now written or hereafter amended. Any
amendments of a mandatory element 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 California Environmental Quality Act to hear a matter have
been completed.
17.14.010 Applications to Amend Land Use Element of
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
an amendment to the Land Use Element of the General Plan as it
has been applied to his property. The right to request
consideration of such a change does not imply that the change
will be approved.
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B. Applications shall be made to the Community Development
Director on the forms provided by the Planning Department, shall
supply all required information, and shall be accompanied by a
filing fee as provided in the Fee Ordinance.
17.14.015 Specific Plans. Specific plans, and amendments
thereto, shall be adopted in accordance with the provisions of
this Title and of Section 65450 et seq. of the Government Code,
as now written or hereafter amended. All uses established
pursuant to an applicable specific plan shall be subject to all
of the conditions and restrictions set forth in the specific
plan, regardless of the requirement of the underlying zone,
including, but not limited to, density and intensity of use,
setbacks, heights, area and open space.
17.14.020 Applications for Specific Plan of Land Use.
A. The owner of real property, or a person authorized by
the owner, shall have the right to request that the City consider
a specific plan of land use or an amendment to an adopted
specific plan for the real property. The right to request
consideration of a specific plan does not imply that the plan
will be approved. Whenever any State law or the City General
Plan or any ordinance requires the adoption of a specific plan as
a condition to the approval of a project, an application for a
specific plan shall be made pursuant to this Section.
B. A proposal to adopt or amend a specific plan shall not
be considered at a public hearing until all procedures required
by the City of Beaumont Rules Implementing the California
Environmental Quality Act to hear a matter have been completed.
C. Applications shall be made to the Community Development
Director, on the forms provided by the Planning Department, and
shall be accompanied by a filing fee as set forth in the Fee
Ordinance. The application shall supply all required
information, which may include part or all of the following
depending on the nature of the plan, and shall be in the form of
a text and accompanying maps, plans, and exhibits:
1. The location of housing, business, industry, open
space, agriculture, recreation facilities, educational
facilities, churches and related religious facilities, public
buildings and grounds, solid and liquid waste disposal
facilities, together with regulations establishing height, bulk
and setback limits for such buildings and facilities, including
the location of areas, such as flood plains or excessively steep
or unstable terrain, where no building will be permitted in the
absence of adequate precautionary measures being taken to reduce
the level or risk to that comparable with adjoining and
surrounding areas.
2. The location and extent of existing or proposed
streets and roads, the tentative proposed width with reference to
prospective standards for their construction and maintenance, and
the location and standards of construction, maintenance, and use
of all other transportation facilities, whether public or
private.
3. Standards for population density and building
density, including lot size, permissible types of construction,
and provisions for water supply sewage disposal, storm water
drainage and the disposal of solid waste.
4. Standards for the conservation, development, and
utilization of natural resources, including underground and
surface waters, forests, vegetation and soils, rivers, creeks,
and streams and fish and wildlife resources. Such standards
shall include, where applicable, procedures for flood control,
for prevention and control of pollution of rivers, streams,
creeks and other waters, regulation of land use in stream
channels and other areas which may have a significant effect on
fish, wildlife and other natural resources of the area, the
prevention, control, and correction of soil erosion caused by
subdivision roads or any other sources, and the protection of
watershed areas.
5. The implementation of all applicable provisions of
the mandated elements of the General Plan and any General Plan
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elements adopted by the City Council.
6. Such other measures as may be necessary or
convenient to insure the execution of the General Plan.
D. Whenever a proposed specific plan of land use will
substantially determine the location of any building site for
structures, a flood protection study shall be submitted with the
plan along with a fee as set forth in the Fee Ordinance.
E. Whenever an application is filed for a commercial
specific plan, pursuant to the requirements of the commercial
zones, the application shall include the following additional
information:
1. Proposed form of ownership and related application
if required.
2. Description of basic types of uses, including the
ultimate range of square footage.
3. Market analysis.
4. Traffic analysis.
5. Where applicable, an analysis of the availability of
employees and employee housing necessary for the proposed
development.
6. Architectural design criteria, drawings, elevations
and material lists.
17.14.025 Manner of Preparation, Adoption and Amendment.
The City shall prepare, adopt, and amend the General Plan and any
elements of the General Plan and any specific plans in the manner
provided in Sections 17.14.025.1 through 17.14.025.5, inclusive.
17.14.025.1 Requirement of Public Hearing Prior to Approval
of Recommendation by Planning Commission. The Planning
Commission shall hold a public hearing before voting upon a
recommendation to the City Council on the adoption or amendment
of a general or specific plan. Notice of the hearing shall be
given pursuant to Section 17.12.170.
17.14.025.2 Recommendation of Commission. The Planning
Commission shall make a written recommendation on the adoption or
amendment of the General Plan or any specific plan. A
recommendation for approval shall be made by the affirmative vote
of not less than a majority of the total membership of the
commission. The Planning Commission shall send any affirmative
recommendation to the City Council.
17.14.025.3 Procedure for Interested Party to Request
Hearing on Planning Commission Action or Amendment. If the
Planning Commission recommends that no action be taken, thereby
rejecting the proposed amendment or plan, any interested party,
Planning Commissioner or member of the City Council may file a
written request with the City Clerk within fifteen (15) days
after the Planning Commission acts on the proposed amendment for
a hearing by the City Council. Notice of the hearing shall be
given pursuant to Section 17.12.170.
17.14.025.4 Requirement of Public Hearing Prior to Adoption
or Amendment by City Council. Prior to adopting or amending a
general or specific plan, the City Council shall hold a public
hearing. Notice of the hearing shall be given pursuant to
Section 17.12.170.
17.14.025.5 Resolution of City Council. The City Council
shall adopt or amend a general or specific plan by resolution,
which resolution shall be adopted by the affirmative vote of not
less than a majority of the total memberhip of the City Council.
The City Council may approve, modify, or disapprove the
recommendation of the Planning Commission, if any. However, any
substantial modification proposed by the City Council not
previously considered by the Commission during its hearings shall
first be referred to the Planning Commission for its
recommendation. The failure of the Commission to report within
forty-five (45) calendar days after the reference, or within the
time set by the City Council, shall be deemed a recommendation
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for approval.
17.14.030 Reports on Conformity with General Plan or
Specific Plan. The Planning Department is designated as the
planning agency, under the provisions of Section 65402 of the
Government Code, Sections 39004 and 81035 of the Education Code,
and similar sections, to report on public acquisitions,
dispositions, abandonments, and construction, as to conformity
with the adopted General Plan or any adopted Specific Plan. The
provisions of Section 65402 of the Government Code shall not
apply to: (1) the disposition of the remainder of a larger
parcel which was acquired and used in part for street purposes;
(2) acquisitions, dispositions, or abandonments for street
widening; or (3) alignment projects, provided such dispositions
for street purposes, acquisitions, dispostions, or abandonments
for street widening, or alignment projects are of a minor nature.
17.14.035 Application for Report on Conformity with
General or Specific Plan.
A. Whenever any public agency is planning to process a
project that requires a report under the provisions for the
Government Code, Education Code, or similar sections, application
shall be made to the Community Development Director on forms
provided by the Planning Department (application known as
"Pre -project Acceptance Report on General Plan, Zoning
Conformity") and shall supply all requested information,
including the following:
1. The name, address and telephone number of applicant,
including information regarding any cooperating or involved
agencies.
2. The legal basis for the project and an estimated
time schedule for development or action to be taken.
3. The location, address or legal description of the
subject property or area, together with a plat map and
description of the proposed project and uses.
4. The location of adjacent streets, easements,
utilities, and other features, both natural and constructed, that
may affect or be affected by the proposal.
5. Development plans of any proposed construction,
including such structural features as may be required to
determine if the proposal is in conformity with the General Plan
in effect in the area.
B. Community Development Director's Report. Within forty
(40) days after receipt of a completed application, the Community
Development Director shall make a report to the applicant as to
the conformity of the proposed project with the adopted General
Plan or any part thereof, or with any specific plan for the area.
If the Community Development Director does not report within the
prescribed period of time or such longer period as may be agreed
upon, it shall be deemed a finding that the proposed use is in
conformity with the General Plan or any applicable specific plan.
C. Appeal. Within fifteen (15) calendar days after the
date of mailing or delivery of the report of the Community
Development Director, the applicant may appeal, in writing, to
the Planning Commission on the form provided by the Planning
Department. Upon receipt of a completed appeal the Community
Development Director shall set the matter for hearing before the
Planning Commission, not less than five (5) nor more than
thirty-five (35) days thereafter, and shall give notice of the
hearing, by mail, to the appellant. The decision of the
Commission shall be made within thirty (30) days following the
close of the hearing, shall be final, and a copy thereof shall be
mailed to appellant.
17.14.040 Conformance with Specific Plans. Where a
Specific Plan has been adopted as herein prescribed, no building
permit may be issued on any parcel affected by such plan unless
the application conforms to the specifications of the Specific
Plan, and unless all public improvements within an existing or
proposed public right of way specified therein have either been
constructed, bonded, or included in an approved improvement
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district.
SECTION 3: This Ordinance shall take effect as provided by law.
PASSED AND ADOPTED on this 8th
upon the following roll call vote.
AYES:
day of
August
, 1988,
Council Member Bauer, Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
ATTEST:
CITY CLERK
APPRIV r AS TO FO
CITY ATTOR r Y
OR 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 Tilly 25 , 1988, and was duly adopted upon second
reading on Ai,g„st R , 1988, upon the following roll call
vote:
AYES:
Council Member Bauer, Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
CITY CLERK, CITY OF BEAUMONT
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