Beaumont Municipal Code Ch. 12.04 Official Street Plan

In order to promote, coordinate and secure orderly and efficient, economical and consistent development plans and improvements, and in order to serve the public health, welfare and safety of the City, precise plan lines for the reservation of future rights-of-way and an official plan of streets and highways are hereby adopted to be hereafter known as the official plan of streets and highways of the City.

(Ord. 325, § 1, 1961)

The official plan of streets and highways is set forth on the map published concurrently, made a part of, and attached to, the ordinance codified in this Chapter and on which is shown by appropriate symbol the official plan of streets and highways of the City.

(Ord. 325, § 2, 1961)

The procedure for preparing and adopting additions to or amendments of all or any portion of the official plan of streets and highways, or adopting a precise plan of streets and highways, shall conform to the provisions of Title 7, Government Code Chapter 1, Conservation Code Chapter I, Conservation and Planning Law.

(Ord. 325, § 3, 1961)

A. Proceedings for the establishing of precise plan lines and for the rights-of-way along any portion of streets or planned streets in the City may be initiated by the City Council, the planning commission of the City or by petition. Descriptions of the streets or portions of streets along which such precise plan lines are sought to be established shall be given and shall be accompanied by a sketch or map showing the streets and lot line or lines and the proposed rights-of-way lines and the distances thereof from the established centerline or existing line or regularly established property line or surface and subsurface buildings and structures.

B. Before any action shall be taken by the City Council concerning proposed precise plan lines for future rights-of-way, the matter shall be referred to the planning commission of the City for a report and recommendation. The planning commission shall hold at least one public hearing and shall give notice of the time and place thereof by publishing notice thereof at least once in a newspaper of general circulation of the City, and by causing notices to be posted along the planned rights-of-way in front of each block where such precise plan lines are proposed to be established, and if any block is over 500 feet in length, such notices shall be posted not more than 500 feet apart along the planned right-of-way. Upon completion of the public hearing, the planning commission shall submit its report and recommendation to the City Council forthwith concerning the matter.

(Ord. 325, § 4, 1961)

Additions to or amendments of the official plan of streets and highways by precise plan shall be adopted by ordinance in the manner prescribed by law.

A. Each such amendatory ordinance shall contain as a part thereof a detailed map of the streets or highways project or projects made the subject of such amendment, provided, that, for purposes of legal publication a suitable reduced scale map may be used.

B. Precise plans for streets and highways, when adopted, pursuant to this Chapter, shall in each separate case be consecutively numbered as an item under this subsection of this section.

C. Before the adoption of any such precise plan lines as authorized in this chapter, the City Council shall pass a resolution of intention designating the precise plan line or lines to be established, which the resolution shall be published once in a newspaper of general circulation, published and circulated in the City.

D. A copy of the resolution shall be posted conspicuously along the streets in front of each block where such precise plan lines are proposed to be established, if any block is over 500 feet in length, a copy of the resolution shall be posted not more than 500 feet apart along the streets where such plan lines are proposed to be established.

E. The resolution shall contain a notice of the day, hour, place, when and where any and all persons having any objections to the establishment of the proposed precise plan line or lines may appear before the City Council and present any objections which they may have to the proposed precise plan line or lines as set forth in the resolution of intention.

F. The time for hearing shall be not less than 15 nor more than 30 days from the date of the adoption of the resolution of intention, and the publication and posting of the resolution shall be made at least ten days before the date of the hearing.

G. At any time not later than the hour set for hearing objections and protests to the establishment of the proposed precise plan line or lines, any person having any interest in any land upon which the precise plan lines are proposed to be established, may file with the City Clerk a written protest or objection against the establishment of the precise plan line or lines designated in the resolution of intention. Such protest must be in writing and delivered to the City Clerk not later than the hour set forth for the hearing, no other protest or objection shall be considered.

H. All opponents may appear before the City Council at the hearing in person or by counsel and be heard in support of their protest or objection.

I. At the time set for hearing or any time to which the hearing may be continued, the City Council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive. The City Council shall have the power and jurisdiction to sustain any protests or objections and abandon the proceeding, or to deny any and all protests or objections, and order, by ordinance, the establishment of the precise plan line or lines described in the resolution of intention, or to order the same established with such changes or modification as the City Council may deem proper.

J. After the adoption of the resolution of intention and prior to the time the ordinance establishing a precise plan line or lines in such proceedings becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed precise plan lines and the street lines, and any permit so issues shall be void.

K. From and after the taking effect of any ordinance establishing any precise plan line and lines, it is unlawful for any person, firm or corporation to construct any building or structure within the space between the street lines and the precise plan lines so established, and the building inspector shall refuse to issue any permit for any building or structure proposed to be erected within such space, any permit so issued shall be void.

(Ord. 325 §5, 1961)

If buildings, utilities or other installations exist within reserved areas as set forth in Section 12.04.050, on the effective date of any ordinance codified in this chapter, or on the effective date of any item subsequently adopted under the provisions of this chapter, such nonconforming buildings, utilities or other installations may continue with reasonable maintenance but shall not be enlarged or replaced.

(Ord. 325 §6, 1961)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $300.00, or by imprisonment in the City jail for a period not exceeding 90 days or by both such fine and imprisonment. If such person, firm or corporation shall be deemed guilty of a separate offense, for every day during any portion thereof, any violation of any provisions of this chapter is committed, continued or permitted by such person, firm or corporation, they shall be punishable for it as provided in this chapter.

(Ord. 325 §8, 1961)