Lemoore Municipal Code Ch. 2 Precise Plan of Streets and Highways

In order to conserve and promote the public health, safety and general welfare and to make provisions for essential transportation highways, a Precise Plan of Streets and Highways is hereby adopted to regulate the location of building and other improvements with respect to existing or planned rights of way. For the purpose of convenience and practical requirements and limitations, such Precise Plan will be developed progressively by the addition from time to time, in the manner prescribed by law, of detailed plans for certain streets or highways and that when such detailed plans have been prepared, processed and adopted as aforesaid, they shall become a part of the Precise Plan of Streets and Highways. Said Precise Plan of Streets and Highways is adopted in accordance with the Planning Law of the State of California 1 and acts amendatory thereto, and is based on the Adopted General Plan of the North Kings County Planning Areas, Lemoore Portion. (1975 Code §10-4.01)

When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

BUILDING SETBACK LINES: Lines as determined by the Zoning Ordinance 2 and measured from Precise Plan lines such distance as required by the Zoning Ordinance for the respective zone classifications.

COUNCIL: The City Council of the City of Lemoore.

PLANNING COMMISSION: The Planning Commission of the City of Lemoore 1 .

PRECISE PLAN LINES: Lines as indicated on a map of a precise section of a street or highway, the distance between said lines indicating the right-of-way width as proposed for such street or highway.

ZONING ORDINANCE: The Zoning Ordinance of the City of Lemoore and ordinances amendatory thereto 2 . (1975 Code §10-4.02)

A. Generally: The provisions of this Chapter and all additions or amendments thereto shall be applicable to any property, building, structure or other improvement situated within the City which is owned, leased, controlled, operated or occupied by any person or any public or quasi-public district, agency, corporation or association excepting therefrom the State or County. (1975 Code §10-4.22)

B. Buildings: No building, structure or other improvement, whether publicly or privately owned, shall hereafter be erected, constructed, replaced, moved in or placed within the Precise Plan lines of streets and highways as adopted by this Chapter or any additions or amendments thereto, or closer to the street or highway lines than the building setback lines as determined by this Chapter or any additions or amendments thereto; and no permit or approval therefor shall be issued by any official or employee of the City. (1975 Code §10-4.07)

C. Subdivisions: The street and highway design of any subdivision of land falling under the provisions of the Subdivision Map Act of the State of California and other subdivision laws as are now or may subsequently be adopted by the City 3 shall be based on Precise Plan lines as adopted by this Chapter or any additions or amendments hereof. (1975 Code §10-4.09)

The Precise Plan for Streets and Highways shall be described by maps based on the Adopted General Plan of the North Kings County Planning Area, Lemoore Portion, which with appropriate notations, information and data appearing thereon shall set forth in detail all pertinent features necessary to assure compliance with and enforcement of the provision and requirements of said Precise Plan, including the proposed widths of rights of way and may show the location of buildings and other improvements with respect to existing or planned rights of way and the recommended treatment of such streets and highways.

The Planning Commission is charged with the responsibility of preparing the Precise Plan of Streets and Highways and the required resolutions and maps with respect thereto, and shall prepare and maintain for public inspection a map of the North Kings County Planning Area, Lemoore Portion, on which each part of said Precise Plan shall be shown and said detailed map shall be of such scale as will permit the showing thereon of all dimensions and other data necessary to completely show the requirements imposed by the adoption of such Plan. The said map showing the comprehensive Precise Plan of Streets and Highways, or such portions thereof as may be adopted, shall show upon its face proper notations identifying the particular ordinance and the corresponding detailed larger scale map pertaining to such portion of the comprehensive Precise Plan referred to by each such notation. (1975 Code §10-4.03)

A. Adoption of Additions and Amendments: Additions or amendments to the Precise Plan of Streets and Highways shall be adopted by ordinance in accordance with the provisions of the Planning Law of the State of California 1 , and acts amendatory thereto except, that notices of the time and place of all public hearings shall also be given by first class mail to each property owner, as shown on the last assessment roll of the County of Kings, whose property is within or abuts a proposed Precise Plan line. Each addition and amendment shall contain, as a part thereof, a map of the street or highway which is the subject of such addition or amendment and such map shall be a detailed map as required by Section 7-2-4 of this Chapter. Each such addition or amendment and the map which is a part thereof shall have the title of "Precise Plan Lines for (Name of Street or Highway)". (1975 Code §10-4.04)

B. Interim Period: In the event of the introduction of a proposed addition or amendment to this Chapter for the purpose of adopting Precise Plan lines for any street or highway, as provided herein, at a duly constituted meeting of the Council, no permit shall be issued for any building, structure or other improvement not complying with the proposed Precise Plan lines for said street or highway or any property fronting, facing or located adjacent to such street or highway as indicated by said proposed Precise Plan lines. In the event said addition or amendment is not adopted, such permits may be issued immediately upon rejection of said proposed addition or amendment by the Council; provided, that all conditions imposed by law for the issuance of said permits have been complied with. (1975 Code §10-4.05)

All building setback lines as designated by the Zoning Ordinance 1 shall be measured from the Precise Plan lines as set forth on maps thereof on and after the effective date of said maps. Building setback lines shall be that distance from the Precise Plan lines as designated for the respective zoning classification in the Zoning Ordinance. (1975 Code §10-4.06)

If any buildings, structures or other improvements existed within the Precise Plan lines of streets and highways as established by this chapter or any additions or amendments hereof, on the effective date hereof, or closer to the street or highway lines than the building setback lines as determined by this chapter or any additions or amendments hereof, on the effective date hereof, such nonconforming buildings, structures or other improvements may continue with reasonable maintenance; provided however, that no such nonconforming building, structure or other improvement shall be moved, altered, enlarged or reconstructed; except, that alterations which do not enlarge, add to or extend such buildings, structures or other improvements into the area lying between the existing street or highway property line and the precise plan lines may be approved to the extent of and in accordance with the procedure for improvements to nonconforming buildings, structures and other improvements as outlined in the zoning ordinance 2 . (1975 Code §10-4.8)

The planning commission shall have the authority to grant variances from the terms of this chapter or any additions or amendments thereto in order to prevent or lessen practical difficulties and unnecessary hardships or results inconsistent with the objectives and purposes of this chapter as would occur through a strict or literal interpretation and enforcement of the provisions hereof.

A. Application For Variance:

1. Filing Of Application; Contents: The application for variance shall be filed with the Lemoore planning commission and shall be accompanied by a fee fixed by resolution of the council in an amount sufficient to cover the cost of processing the application as provided in this chapter.

The application for variance shall be made on a form prescribed by the planning commission which shall include the following data:

a. Name and address of the applicant;

b. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

c. Address or description of the property;

d. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary hardship or result inconsistent with the objectives and purposes of this chapter which would occur through a strict or literal interpretation and enforcement hereof, together with any other data pertinent to the findings, prerequisite to the granting of a variance as set forth in subsection B of this section.

The application shall also be accompanied by an accurate scale drawing of the site showing all existing and proposed locations of streets, property lines, uses, buildings, structures or other improvements, driveways, pedestrian walks, off street parking and off street loading facilities and landscaped areas.

2. Investigation Of Applicant: The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered and said secretary may give notice of the time to any other interested party. The planning commission shall cause an investigation of the application to be made and shall prepare a report thereon which shall be sent to the applicant. The application together with a copy of the aforesaid report shall be referred to the planning commission within fifteen (15) days from the date of application.

3. Hearing On Application: The planning commission may, if it so determines, hold a public hearing for the purpose of considering an application for a variance. Such public hearing shall be held not less than ten (10) days nor more than thirty (30) days after the filing of the application.

Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of the county of Kings who own property which is within or abuts the precise plan lines from which a variance is being requested. The notice shall be titled as follows:

NOTICE OF PROPOSED VARIANCE FROM THE PRECISE PLAN LINES FOR BETWEEN AND ______________________.

and shall set forth the nature of the proposed change, a description and location of the property under consideration and the time and place at which a public hearing on the variance will be held. Notice is required to be given only to property owners whose property is within three hundred feet (300') measured from the property upon which a variance proceeding has been initiated.

At the public hearing, the planning commission shall review the application, the report, the statements and drawings submitted therewith, and shall receive relevant evidence concerning the variance, particularly with respect to the findings set forth in subsection B of this section. (1975 Code §10-4.11)

B. Findings Required For Granting A Variance: The planning commission may grant variance from the terms of this chapter, or any additions or amendments hereto, if, on the basis of the application, report, statements and drawings and the evidence submitted, the planning commission makes the following findings:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property upon which the proposed building, structure or other improvement is sought to be erected, constructed, altered, replaced, reconstructed, moved or placed.

2. That the granting of the application for variance is necessary for the preservation and enjoyment of substantial property rights.

3. That the granting of the application for variance will not be detrimental to the public health, safety or welfare and will not adversely affect existing adopted Precise Plans or General Plans of the City and will not be materially injurious to properties or improvements in the vicinity.

4. That the granting of the variance will not constitute a grant of special privilege.

C. Conditions of Variance: Upon the granting of a variance under the provisions of this Chapter, the Planning Commission shall designate such conditions in connection therewith which will, in the opinion of the Planning Commission, result in the variance causing the minimum possible interference with the purposes of this Chapter and with the ultimate accomplishment of the objectives of the aforesaid Precise Plan lines. (1975 Code §10-4.13)

D. Decision of Planning Commission: The Planning Commission may grant or deny an application for variance and shall record its action by formal resolution. A variance may be granted for a limited time period. Within three (3) days following the date of the decision of the Planning Commission, written notice of said decision shall be given by mail to the applicant and the Council.

A variance which has been granted by the Planning Commission shall become effective upon the expiration of fifteen (15) days following the date of which the variance was granted unless an appeal has been filed with the City Clerk or unless the Council has initiated proceedings to review the decision of the Planning Commission all as provided herein. (1975 Code §10-4.14)

E. Appeals Regarding Initial Applications and Renewal Applications:

1. Within fifteen (15) days following the date of a decision of the Planning Commission on an application for variance or an application for renewal of a variance, the decision may be appealed to the Council by the applicant or any other interested party.

2. An appeal shall be filed with the City Clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission or wherein the decision is not supported by the evidence in the record.

3. Within five (5) days after the filing of an appeal from a decision of the Planning Commission on an application for a variance, the Planning Commission shall transmit to the City Clerk for variance application the scale drawing of the site and all other data filed therewith, the minutes of the public hearing, if a public hearing was held, the report of the Planning Commission, the findings of the Planning Commission and the decision of the Planning Commission on the application for variance.

4. Where an appeal is from a decision of the Planning Commission on an application for a renewal of a variance, the Planning Department shall transmit to the City Clerk within five (5) days after the filing of an appeal in addition to the above, the application for renewal, the report on the renewal application, the findings and decision of the Planning Commission on said renewal application.

5. The City Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party the time when an appeal will be considered by the Council. (1975 Code §10-4.15)

F. Decision Review by City Council:

1. Review: Within fifteen (15) days following the date of a decision by the Planning Commission on an application for variance, or an application for renewal of variance, or on the revocation of a variance, on its motion, the Council may initiate proceedings to review the decision of the Planning Commission. (1975 Code §10-4.16)

2. Council Decisions: When a decision of the Planning Commission on an application for variance, or an application for renewal of variance, or on the revocation of a variance is brought before the Council either on appeal or on its own motion, the Council may affirm, reverse or modify a decision of the Planning Commission; provided, that if a decision denying a variance or denying a renewal of variance is reversed, or a decision granting a variance or a decision granting a renewal of variance is modified, the Council shall, on the basis of the record transmitted by the Planning Commission and on the basis of such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed and set forth in subsection B of this Section.

3. Effect of Council Decisions: A variance or renewal of variance which has been the subject of an appeal to the Council or which has been the subject of review by the Council shall become effective three (3) days following the date on which the variance or renewal of variance is granted and approved by the Council. (1975 Code §10-4.17)

G. Renewal of Variance:

1. Renewal Application: A variance which has been granted may be renewed for one additional period of one year; provided, that prior to the expiration of one year from the date when the variance originally became effective, an application for the renewal of a variance shall be filed and processed in the manner set forth in subsection A of this Section which governs the filing and processing of applications for variances.

2. Granting or Denial of Renewal Application: The Planning Commission may grant an application for renewal of a variance if it is able to make the findings prerequisite to the granting of a variance as prescribed and set forth in subsection B of this Section. The application for renewal shall be denied if such findings cannot be made.

3. Appeal and Review: Within fifteen (15) days following the date of a decision of the Planning Commission on an application for renewal, the decision may be appealed to the Council. If no appeal is filed within said fifteen (15) day period and if the Council within said fifteen (15) day period does not initiate proceedings to review the decision of the Planning Commission as provided herein, the decision of the Planning Commission shall be final and conclusive. (1975 Code §10-4.19)

H. Revocation of Variance:

1. Failure to Obtain Building Permit and to Commence Construction: Unless, prior to the expiration of one year following the date on which the variance became effective, a building permit is obtained from the City Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, the Planning Commission shall, on its own motion, give written notice to the person or persons to whom the variance was granted that a hearing will be held by the Planning Commission for the purpose of revoking the variance.

Notice of said hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by either personal service of a copy of said notice on the person or persons to whom the variance was granted or by sending a copy of said notice by certified mail to said person or persons. The notice shall state the reason or reasons why action is being taken for the purpose of revoking the variance.

At said hearing, the Planning Commission shall receive all relevant testimony concerning the variance, the issuance of any building permit, the commencement of construction, the extent of the construction and the diligence with which construction was pursued toward completion. If the Planning Commission finds that no building permit was obtained within the one year period or that construction was not diligently pursued toward completion, then the variance shall be revoked.

If the variance is revoked by the Planning Commission, the person or persons to whom the variance had previously been granted may, within fifteen (15) days following the date of the decision of the Planning Commission, appeal the decision to the Council. If no appeal is filed within said fifteen (15) day period as provided herein and if the Council within said fifteen (15) day period does not initiate proceedings to review the decision of the Planning Commission as provided in subsection F1 of this Section, the decision of the Commission shall be final and conclusive.

The appeal shall be filed with the City Clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission or wherein the decision is not supported by the evidence in the record.

Within five (5) days after the filing of an appeal, the Planning Commission shall transmit to the City Clerk the variance application, the minutes of the hearing, the report of the findings of the Planning Commission and their decision.

The City Clerk shall give notice to the appellant of the time when the appeal will be considered by the Council. (1975 Code §10-4.18)

2. Failure to Comply with Conditions Upon Which Variance was Granted:

a. A variance granted subject to a condition or conditions shall be revoked by the Planning Commission if the condition or any one of the conditions are not complied with.

b. When the condition or any one of the conditions of a variance have not been complied with, the Planning Commission shall notify the holder of the variance that such condition or conditions have not been complied with and shall give the holder a reasonable period of time within which to comply with said condition or conditions. If the holder of the variance fails to comply with the condition or conditions within such period of time, the Planning Commission on its own motion shall give written notice to the holder of the variance that a hearing will be held by the Planning Commission for the purpose of revoking the variance.

c. Notice of said hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by either personal service of a copy of said notice on the holder of the variance or by sending a copy of said notice by certified mail or registered mail to said holder of the variance. The notice shall state the reason or reasons why action is being taken for the purpose of revoking the variance.

d. At said hearing, the Planning Commission shall receive all relevant testimony concerning the variance and the condition or conditions which were imposed. If the Planning Commission finds that the condition or any one of the conditions imposed have not been complied with, then the variance shall be revoked.

e. If the variance is revoked by the Planning Commission, the holder of the variance may, within fifteen (15) days following the date of the decision of the Planning Commission, appeal the decision to the Council. If no appeal is filed within said fifteen (15) day period as provided herein, and if the Council within said fifteen (15) day period does not initiate proceedings to review the decision of the Planning Commission as provided in subsection F1 of this Section, the decision of the Planning Commission shall be final and conclusive.

f. The appeal shall be filed with the City Clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission or wherein the decision is not supported by the evidence in the record.

g. Within five (5) days after the filing of an appeal, the Planning Commission shall transmit to the City Clerk the variance application, the minutes of the public hearing on the variance application, if a public hearing was held, the report, findings and decision of the Planning Commission on the variance application, the report on the failure of appellant to comply with the condition or conditions of the variance, the minutes of the hearing on the matter of the revocation, the findings and decision of the Planning Commission on the matter of the revocation of the variance.

h. The City Clerk shall give notice to the appellant of the time when the appeal will be considered by the Council. (1975 Code §10-4.20)

I. New Application For Variance: Following the denial of an application for a variance or the revocation of a variance for failure to comply with the condition or conditions on which the variance was originally granted, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year after the date of the denial of the variance application or the revocation of the variance. (1975 Code §10-4.21)

The secretary of the planning commission shall cause to be recorded in the office of the county recorder of the county of Kings a full, true and correct copy, duly attested, of all maps of the precise plan lines which are herein adopted or hereafter added to this chapter by amendment or addition. (1975 Code §10-4.10)

Any building, structure or other improvement constructed, erected, altered, moved, enlarged or maintained and any use of a site contrary to the provisions of this chapter or any addition or amendment hereto shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney is hereby authorized to institute the necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends.

All remedies provided herein shall be cumulative and not exclusive. (1975 Code §10-4.23)