Azusa Municipal Code Art. VI Mapped Highways

Footnotes:

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Cross reference— Streets, sidewalks and other public places, ch. 62.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mapped highway means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a part of a major or secondary highway on the circulation element of the city master or general plan (also known as the master plan of streets and highways) and for which there is on file in the office of the city engineer a map of such size, scale and detail that the exact location on the ground which the highway or road is to occupy can be ascertained. It is recognized that it is often in the interest of the public to preserve the integrity of such mapped highways against structural encroachments which otherwise would need to be removed at a later date.

Owner means any person entitled to the use or possession of real property or any person applying for a building permit.

(Code 1971, § 18.44.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall erect any building or structure, other than a temporary structure costing less than $500.00, within the area of any mapped highway without first having secured a building permit as provided in this article.

(Code 1971, § 18.44.020)

Prior to issuing any building permit required in this article, the building official shall examine the circulation element of the city master or general plan, also known as the master plan of streets and highways, to determine if there is on file in the office of the city engineer a lawfully adopted precise plan indicating the exact location on the ground which the proposed street or highway is to occupy. If the building official finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, he shall grant a permit if the cost of the proposed building or structure is less than $500.00. Otherwise, he shall refuse such permit and notify the owner or applicant for the permit of the reason for such refusal in writing.

(Code 1971, § 18.44.030)

Any person aggrieved by the refusal of a building permit under this article may request a hearing on the matter before the planning commission. Before taking any action authorized by this article, the planning commission shall hold a hearing at which the applicant and any other interested parties shall have an opportunity to be heard. At least ten days prior to the date fixed for the hearing, the planning commission shall cause notice of the time and place thereof to be mailed to the owner or applicant. Notice may be dispensed with and the hearing set within ten days or less of the date of application if all persons entitled to notice waive the notice in writing filed with the secretary of the planning commission. Notice of the time and place of the hearing shall also be given to the city engineer and other interested city departments.

(Code 1971, § 18.44.040)

(a) The planning commission shall authorize the granting of the permit required by this article and the issuance of the permit by the building official if it finds any of the following to be true:

(1) The property on which the mapped highway location is a part is of such a nature that the owner of the land will be substantially damaged by the refusal to grant the permit.

(2) The property will not earn a full return on the owner's investment unless the construction is authorized.

(3) Balancing the interest of the public in preserving the integrity of mapped highways against the interest of the owner of the land in using his property, it is determined that the granting of the permit is required by consideration of justice and equity.

(b) The planning commission shall not authorize the granting of the permit if it finds any of the following to be true:

(1) The owner of the land will not be substantially damaged by locating the proposed structure on his land elsewhere than within the bed of the mapped highway.

(2) Balancing the interest of the public and preserving the integrity of mapped highways against the interest of the landowner in using property, it is found that the resulting disadvantages to the city would be unreasonable and disproportionate to the advantages the owner may accrue from using the property.

(c) The decision of the planning commission denying a permit shall be final and effective ten days after its written determination, unless within the time a written appeal is filed by the applicant or by any such owner or by action of the city council or any member thereof.

(Code 1971, § 18.44.050)

Any owner or applicant dissatisfied with the decision of the planning commission under this article may appeal the decision to the city council by filing a notice of appeal with the city clerk. The city council may request a summary of the proceedings and may make such decision as in its opinion is justified thereby or may set the matter for hearing before the council. If the city council sets the matter for hearing before the council, it shall, at least ten days prior to the date fixed for the hearing, cause notice of the time and place thereof to be mailed to the appellant at the address shown upon his notice of appeal.

(Code 1971, § 18.44.060)

Upon the denial of an application for a permit required in this article by the building official, the building official forthwith shall give written notice of his denial to the planning commission and the city council and shall mail a copy thereof to the owner or applicant at the address shown on his application. Upon the denial of an application for a permit by the planning commission or the city council, written notice of the denial shall be sent to the applicant or owner at the address shown on his application and to the building official. At the expiration of a period of 90 days, calculated from the date of any such denial, the permit shall be issued upon request of the owner or applicant, if the city has not acquired the property or has not instituted legal proceedings to acquire the property.

(Code 1971, § 18.44.070)

This article does not permit the construction, erection, placement or maintenance of any building or structure at any place where such construction, erection, placement or maintenance is prohibited by this Code or by any other ordinance or law.

(Code 1971, § 18.44.080)