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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BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1: Chapter 17.14 is hereby repealed.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. -1-- 6/21/88 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 -2- 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 -3- 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 -4- 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 -5-