Humboldt County Municipal Code Ch. 1 Streets and Highways Plan

Sections: Adoption. Format. Section Maps. Purpose. Conformance Of Subdivision Layouts To Streets And Highways Plan. Format. Maps of Official Plan Lines. Prohibition of Building. Demarcation of Lines. Variances. Prohibition of Issuance of Permits in Conflict with These Regulations. Penalty. Abatement of Public Nuisance. 441-1. Adoption. There is hereby adopted a Streets and Highways Plan as part of the General Plan of the County pursuant to Chapter 3 of Title 7 of the Government Code. (Ord. 567, § 1, 6/21/1966) 441-2. Format. Said Streets and Highways Plan is set forth on a series of section maps, each of which is entitled “_____________ Unit of the Streets and Highways Plan, being a part of the General Plan of the County of Humboldt, State of California.” Said section maps, together with all notations, information and data contained thereon, are hereby made a part of this chapter and constitute § 441-3 hereof. Said section maps shall be adopted in the manner prescribed in Chapter 3 of Title 7 of the Government Code of the State of California for the adoption of specific plans. (Ord. 567, § 2, 6/21/1966)

441-3. Section Maps. This section consists of section maps of the Streets and Highways Plan of the County. These maps are not codified. (Ord. 567, § 3, 6/21/1966) 441-4. Purpose. The aforesaid Streets and Highways Plan is adopted to protect and promote the public health, safety, peace, comfort, convenience and general welfare and for the accomplishment thereof is adopted for the purposes more particularly set forth as follows: (a) To provide a definite plan of development for the said County of Humboldt and to guide, control and regulate the future growth of said County in accordance with said plan. (b) To provide a guide for the intelligent outlay of the expenditures of said County and the State of California for street and highway purposes. (c) To obviate the menace to the public safety from inadequate provision of traffic thoroughfares in connection with and as a result of the development of the County. (d) To prevent deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development, as the case may be, which would result from a lack of plans designed to assure the orderly, harmonious and beneficial development of the County and all sections thereof. (Ord. 567, § 4, 6/21/1966) 441-5. Conformance Of Subdivision Layouts To Streets And Highways Plan. The street and highway layout of any subdivision of land of which a map is filed with the Planning Commission shall be based upon the adopted Streets and Highways Plan. (Ord. 567, § 5, 6/21/1966) 441-6. Format. The official plan lines of streets and highways which are a part of Streets and Highways Plan are hereby established as particularly set forth on maps, each of which is entitled “Official Plan Lines of ______________(here insert the official name of the street or highway) which is a part of the Streets and Highways Plan of the General Plan of the County of Humboldt, State of California.” Said maps and all notations, information and data appearing thereon are hereby made a part of this chapter and constitute § 441-7. Said section maps shall be adopted in the manner prescribed in Chapter 3 of Title 7 of the Government Code for the adoption of specific plans. (Ord. 567, § 6, 6/21/1966)

441-7. Maps of Official Plan Lines. This section consists of maps of official plan lines of the Streets and Highways Plan of the County. These maps are not codified. (Ord. 567, § 7, 6/21/1966) 441-8. Prohibition of Building. No building, structure or other improvement shall hereafter be erected or placed within the official plan lines of streets and highways as adopted by this chapter, except that this provision shall not apply to garden and agricultural crop planting and such ordinary front yard fences and such more or less nonpermanent sprinkling and irrigation structures as, in the opinion of the Planning Commission, will not defeat the purpose of this chapter. (Ord. 567, § 8, 6/21/1966) 441-9. Demarcation of Lines. The County Surveyor shall cause the center line of each street or highway for which an official plan line is adopted to be suitably monumented, to enable owners and occupiers of property abutting on said street or highway to determine the application of said official plan line to the subject property. (Ord. 567, § 9, 6/21/1966) 411-10. Variances. (a) The Board of Supervisors, upon the recommendation of the Planning Commission, may grant adjustments or variances in the strict application of the provisions of this chapter in cases in which the strict application of such provisions would result in the impairment of substantial property rights. (b) Application for any adjustment or variance permissible under the provisions of this section shall be made to the Planning Commission and shall include application for a permit to erect or place the building, structure or other improvement. (c) Upon receipt of any such application the Planning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given by one (1) publication in a newspaper of general circulation in said County within the ten (10) days next preceding the date of said hearing. (d) At said hearing the applicant shall present a statement and adequate evidence, in such form as the Planning Commission may require showing: (1) That there are special circumstances or conditions attaching to the property upon which the proposed building, structure or other improvement is sought to be erected or placed. (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights.

(e) The Planning Commission shall thereupon make its recommendation on the said application to the Board of Supervisors. In recommending the granting of an adjustment or variance under the provisions of this section, the Planning Commission shall designate such conditions as will, in its opinion, result in the adjustment or variance causing the minimum possible interference with the purposes of this chapter and with the ultimate accomplishment of the objectives of the Streets and Highways Plan. In reporting its recommendation to the Board of Supervisors, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth any adjustment or variance which is recommended and the conditions designated in connection therewith. (f) Upon receipt of such report the Board of Supervisors shall by resolution make its decision upon the aforesaid application. If such decision shall approve the granting of an adjustment or variance, the permit applied for shall be issued, subject to the conditions designated by the Planning Commission and subject to all other provisions of law. In all cases in which adjustments or variances are granted under the provisions of this section, the board of Supervisors shall require such evidence and guarantees it may deem necessary to assure compliance with the terms and conditions of the variance. (Ord. 567, § 10, 6/21/1966) 441-11. Prohibition of Issuance of Permits in Conflict with These Regulations. All departments, officers and public employees of the County vested with the duty or authority to issue permits, certificates or licenses shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of these regulations, and any such permit, certificate or license issued in conflict with the provisions of these regulations shall be null and void. (Ord. 567, § 11, 6/21/1966) 441-12. Penalty. Any person, whether principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of these regulations shall be guilty of a misdemeanor. (Ord. 567, § 13, 6/21/1966) 441-13. Abatement of Public Nuisance. Any building or use operated or maintained contrary to the provisions of these regulations shall be, and the same hereby is declared to be, a public nuisance per se and shall be subject to injunction and abatement as such. (Ord. 567, § 13, 6/21/1966)