Delano Municipal Code Ch. 12.04 Street and Highway Plans

Footnotes:

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State Law reference— For statutory provisions relating to the adoption by cities of specific plans and regulations, see Gov. Code § 65500 et seq.

Prior ordinance history: Ord. 544.

As used in this chapter:

"Circulation plan" means that certain portion of the circulation element of the general plan of Delano, consisting of a map entitled "CIRCULATION PLAN" showing the location of existing and proposed major thoroughfares in the city, together with all parts, additions and amendments thereto, on file with the city clerk.

"City council" means the Delano City Council.

"General plan" means those comprehensive long term general plans for the physical development of the city, officially certified as the "Land Use Plan" and the "Circulation Plan" of the city, and on file with the city clerk, together with maps and reports and all parts thereof, and all additions and amendments thereto.

"Official plan lines" and "plan lines" as used in Sections 12.04.020 through 12.04.050, mean those lines designated upon the official maps as herein provided in Sections 12.04.020 through 12.04.050, on file with the city clerk, indicating area reserved for future development of public streets or thoroughfares.

"Precise plan" means those rules and regulations adopted to accomplish planning purposes in the city and all maps, diagrams, reports and necessary data, and procedure for administration of such regulations.

"Street line" means the boundary line between a street easement or right-of-way and private property.

"Structure" means structure as defined in the building code of the city including swimming pools, retaining walls, stairways, any wells, and any underground storage facility in excess of one thousand gallons capacity; provided, however, structure shall not include any structure or building existing on the effective date of this chapter or to trees, garden or agricultural crops or farm and front yard fences.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

To facilitate the systematic execution of the circulation element of the general plan of Delano, a precise streets and highways plan for the city is adopted.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The precise streets and highways plan consists of the rules, regulations, and procedures set forth in this chapter, along with maps entitled "City of Delano, California, Official Plan Lines on _______ Street or Streets, filed with the city clerk as hereinafter provided and made a part hereof by adding amendments to this section: 6811.1 6811.2"

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

To assist in providing a definite plan of development for the city and to obviate the menace to the public safety resulting from inadequate provision of traffic thoroughfares in connection with and as a result of the development of the city, official plan lines may be established by the city council whenever the public peace, safety, comfort, convenience, interest or welfare may require.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The city council shall establish plan lines in the city by the procedure set forth in Sections 12.04.060 through 12.04.100.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Proceedings for establishment of precise plan lines for future rights-of-way along any portion of streets or planned streets in the city may be initiated by the city council, or petition of one or more property owners affected by the proposed line.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

A copy of a map showing the proposed plan lines recommended pursuant to Section 12.04.060 shall be submitted to the city council and shall be accompanied by a report of findings.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Upon receipt of a copy of the proposed additional plan lines, the city council may by ordinance adopt the same. Before adoption however, the city council shall hold a public hearing. Notice of hearing by council: Notice of the time and place of the hearing shall be given by publication in the city pursuant to Section 6061 of the Government Code of the State of California, at least ten days before the hearing and by such other means as the council deems necessary.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Upon adoption of the ordinance establishing any plan line or lines, a map entitled "Official Plan Lines of _______" (inserting the official name of the street or highway) shall be filed with the city clerk, which map or maps shall show the areas within which the provisions of this chapter shall apply. The map or maps and all notations, information and data appearing thereon shall be a part of this chapter and fully set forth herein by amendment to Section 12.04.030. No plan line or regulations pertaining thereto shall be effective unless and until the map is filed with the city clerk and published in a newspaper of general circulation, as provided by state law for adoption of city ordinances.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The city clerk shall cause to be recorded in the office of the county recorder a full, true and correct copy of the map of official plan lines adopted pursuant to Sections 12.04.060 through 12.04.090.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

From and after the effective date of any ordinance establishing plan lines, it is unlawful for any person, firm or corporation to erect or remodel or alter any structure within the space between any street line and plan line or between any plan lines or proposed thoroughfares.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The building inspector shall refuse to issue any permit for any structure proposed to be erected or remodeled or altered within the spaces designated in Section 12.04.110 and any permit so issued shall be null and void.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Where practical difficulties, unnecessary hardship or results inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, variance may be granted as provided in Sections 12.04.140 through 12.04.170.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Application for variance shall be made to the city council in writing on a form provided by the planning division. Application for variance shall be accompanied by a written statement of the applicant providing evidence that practical difficulty, unnecessary hardship, or results inconsistent with the general purposes of this chapter occur through strict application of its regulations, together with any plans or documents showing details of the proposed variance.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

If the city council finds that there are practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter if its terms are strictly applied, and that material injury or detriment to the neighborhood or public welfare will not result from the issuance of a permit, it may authorize the issuance of a variance permit in any manner it may deem advisable.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

If the construction or action permitted by any variance permit issued under this chapter is not commenced within one year from the date of its authorization by the city council, the permit shall be null and void.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Any variance to the terms of this chapter shall be subject to any conditions imposed thereon by the city council.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Amendments to this chapter may be initiated by the city council, but before the city council adopts any such amendment, it shall be referred to the planning or engineering division for a report or recommendations.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Upon receipt of the recommendation of the planning or engineering division on the proposed amendment, the city council may adopt the same; provided, however, that before adoption the city council shall hold a public hearing, giving notice thereof in the manner provided in Section 12.04.080.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

Any person violating the terms of this chapter is guilty of a misdemeanor and shall be punishable as provided in Chapter 1.16.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).

The regulations set forth in this chapter are in addition to any regulations set forth in the zoning ordinance or the subdivision ordinance and take precedence over any regulations contained therein which may be in conflict herewith.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003).