Chapter 11.04 — PRECISE STREETS AND HIGHWAY PLAN

MASTER PLAN as used herein means that comprehensive long term general plan for the physical development of the city, officially certified as the "Master Plan of the City of El Paso de Robles" and on file with the city clerk, together with maps and reports and all parts thereof, and all additions and amendments thereto.

(Ord. 238 N.S. Art. 1 § 1.1, 1960)

MASTER STREET AND HIGHWAY PLAN as used herein means that certain portion of the circulation element of the master plan of El Paso de Robles, consisting of a map entitled street and highway 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.

(Ord. 238 N.S. Art. 1 § 1.2, 1960)

STRUCTURE as used herein means structure as defined in the building code of the City of El Paso de Robles, including swimming pools, retaining walls, stairways, any well, 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 to farm and front yard fences or to public utility facilities except buildings.

(Ord. 238 N.S. Art. 1 § 1.3, 1960)

OFFICIAL PLAN LINES and PLAN LINES as used herein mean those lines designated upon the official maps as herein provided in Sections 11.04.070—11.04.100, on file with the city clerk, indicating areas reserved for future development of public streets and thoroughfares.

(Ord. 238 N.S. Art. 1 § 1.4, 1960)

PLANNING COMMISSION as used herein means the planning commission of the City of El Paso de Robles.

(Ord. 238 N.S. Art. 1 § 1.5, 1960)

PRECISE PLAN as used herein 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.

(Ord. 238 N.S. Art. 1 § 1.6, 1960)

To facilitate the systematic execution of the circulation element of the master plan of the city a precise streets and highways plan for the City of El Paso de Robles is hereby adopted.

(Ord. 238 N.S. Art. 2 § 2.1, 1960)

The precise streets and highways plan consists of the rules, regulations, and procedures set forth in this chapter, along with maps entitled "City of El Paso de Robles, California; Official Plan Lines on _______ Street or Streets," filed with the city clerk as hereinafter provided and made a part hereof as if in herein fully set forth.

(Ord. 238 N.S. Art. 2 § 2.2, 1960)

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. 238 Art. 2 § 2.3, 1960)

The city council shall establish plan lines by the procedure set forth in Sections 11.04.110—11.04.190 of this chapter.

(Ord. 238 Art. 2 § 2.4, 1960)

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, planning commission, or petition of one or more property owners affected by proposed line.

(Ord. 238 Art. 3 § 3.1, 1960)

Before any action shall be taken by the council concerning any plan lines, the proposed action shall be referred to the planning commission for a report and recommendation.

(Ord. 238 Art. 3 § 3.2, 1960)

Before making any recommendations to the council, the planning commission shall hold a public hearing.

(Ord. 238 Art. 3 § 3.3, 1960)

Notice of the time and place of said 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 commission deems necessary.

(Ord. 238 Art. 3 § 3.4, 1960)

The recommendations of the planning commission shall be by resolution, carried by the affirmative vote of not less than two-thirds of the total voting members.

(Ord. 238 Art. 3 § 3.5, 1960)

A copy of the map showing the proposed plan lines recommended pursuant to this, along with a copy of the resolution set forth in Section 11.04.150 shall be submitted to the city council and shall be accompanied by a report of findings, summaries of hearings and recommendations of the planning commission.

(Ord. 238 Art. 3 § 3.6, 1960)

Upon receipt of a copy of the proposed plan lines, the city council may by resolution adopt the same. Before adoption, the city council shall hold a public hearing, giving notice thereof in the manner provided in Section 11.04.140.

(Ord. 238 Art. 3 § 3.6, 1960)

Upon adoption of the resolution 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. Said map or maps, and all notations, information and data appearing thereon, shall be a part of this chapter as if herein fully set forth. No plan line or regulations pertaining thereto shall be effective unless and until the said map is filed with the city clerk.

(Ord. 238 Art. 3 § 3.8, 1960)

The city clerk shall cause to be recorded in the office of the county recorder of San Luis Obispo County a full, true and correct copy of the map of official plan lines adopted pursuant to this article.

(Ord. 238 Art. 3 § 3.9, 1960)

From and after the effective date of any resolution establishing plan lines, it shall be unlawful for any person, firm or corporation to erect any structure within the space between any street line and plan line or between any plan lines on proposed thoroughfares.

(Ord. 238 Art. 4 § 4.1, 1960)

The city building inspector shall not issue any permit for any structure proposed to be erected within the spaces designated in Section 11.04.200, and any permit so issued shall be null and void.

(Ord. 238 Art. 4 § 4.2, 1960)

Where practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions hereof, variance may be granted as provided in the following sections.

(Ord. 238 Art. 5 § 5.1, 1960)

Application for variance shall be made to the planning commission in writing on a form provided by the commission, accompanied by a fee of fifteen dollars. 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

purpose of this chapter occur through strict application of its regulations, together with any plans or documents showing the proposed variance.

(Ord. 238 Art. 5 § 5.2, 1960)

If the planning commission 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 recommend the application for approval and transmit the same together with its report and findings to the council.

(Ord. 238 Art. 5 § 5.3, 1960)

The city council, after receipt of the report and recommendation of the commission, may authorize the issuance of a variance permit by the planning commission.

(Ord. 238 Art. 5 § 5.4, 1960)

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 issuance by the planning commission, the permit shall be null and void.

(Ord. 238 Art. 5 § 5.5, 1960)

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

(Ord. 238 Art. 5 § 5.6, 1960)

Amendments to this chapter may be initiated by the city council or the planning commission. Before the city council adopts any such amendment, it shall be referred to the planning commission for a report. Before making a report or recommendation, the planning commission shall hold a public hearing, giving notice thereof as provided in Section 11.04.140.

(Ord. 238 Art. 6 § 6.1, 1960)

Failure of the planning commission to report within forty days after reference of a proposed amendment shall be deemed approval of the amendment.

(Ord. 238 Art. 6 § 6.2, 1960)

The recommendation of the commission on any amendment to this chapter, whether initiated by the commission or referred to it by the council, shall be by resolution of the commission, carried by the affirmative vote of two-thirds of

its total voting members.

(Ord. 238 Art. 6 § 6.3, 1960)

Upon receipt of the recommendation of the commission on a proposed amendment, the city council may adopt the same, provided that before adoption, the council shall hold a public hearing, giving notice thereof in the manner provided in Section 11.04.140 hereof.

(Ord. 238 Art. 6 § 6.4, 1960)

Any structure, or any part of any structure, which exists between any plan lines, at the time of the adoption of any resolution establishing said plan lines, shall not be altered or enlarged in any manner after such adoption.

(Ord. 238 Art. 7 § 7.1, 1960)

Any person violating the terms of this chapter is guilty of a misdemeanor and shall be punishable by a fine of not to exceed five hundred dollars or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 238 Art. 7 § 7.2, 1960)

The regulations set forth in this chapter are in addition to any regulations set forth in the zoning ordinance of the City of El Paso de Robles, or in the subdivision ordinance of said city, and take precedence over any regulations contained therein which may be in conflict therewith.

(Ord. 238 Art. 7 § 7.3, 1960)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect any other provisions or applications of the chapter which can be given effect without invalid provisions or applications, and to this end the provisions of this chapter are severable.

(Ord. 238 Art. 7 § 7.4, 1960)