Loading...
HomeMy WebLinkAboutOrdinance No. 737 ORDINANCE NO. 737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY THE ADDITION THERETO OF PROVISIONS RELATING TO THE ERECTION OF STRUCTURES WITHIN MAPPED HIGHWAYS. The City Council of the City of Azusa does hereby ordain as follows: SECTION 1. The Azusa Municipal Code is hereby amended by the addition to Article IX of a new Chapter 4 consisting of Sections 9400 through 9407 reading as follows: "CHAPTER 4 - MAPPED HIGHWAYS SECTION 9400. MAPPED HIGHWAYS. DEFINITION AND PURPOSE. (a) As used in this Chapter, 'mapped highway' means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a part of a major or secondary high- way on the circulation element of the City master or general plan (also known as the Master Plan of Streets and Highways) and for which there is on file in the office of the City Engineer a map of such size, scale and detail that the exact location on the ground which the highway or road is to occupy can be ascer- tained. It is recognized that it is often in the interest of the public to preserve the integrity of such mapped highways against structural encroachments which otherwise would need to be removed at a later date. (b) 'Owner' means any person entitled to the use or possession of real property or any person applying for a build- ing permit. SECTION 9401. SAME. PERMIT. WHEN REQUIRED. No person shall erect any building or structure, other than a temporary structure costing less than $500, within the area of any mapped highway, without first having secured a building permit as hereinafter provided. SECTION 9402. SAME. DETERMINATION OF. Prior to issuing any building permit the Building Inspector shall examine the circulation element of the City master or general plan (also known as the Master Plan of Streets and High- ways) to determine if there is on file in the office of the City Engineer a lawfully adopted precise plan indicating the exact location on the ground which the proposed street or highway is to occupy. If the Building Inspector finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, he shall grant a permit if the cost of the proposed building or structure is less than $500. Otherwise, he shall refuse such permit and notify the owner or applicant for the permit of the reason for such refusal in writing. SECTION 9403 . APPEAL TO PLANNING COMMISSION. Any person aggrieved by the refusal of a building permit under this Chapter may request a hearing on the matter before the Planning Commission. Before taking any action authorized by this Chapter the Planning Commission shall hold a hearing at which the applicant and any other interested parties shall have an opportunity to be heard. At least ten days prior to the -1- date fixed for the hearing the Planning Commission shall cause notice of the time and place thereof to be mailed to the owner or applicant . Notice may be dispensed with and the hearing set within ten days or less of the date of application if all persons entitled to notice waive the same in writing filed with the Secretary of the Planning Commission. Notice of the time and place of the hearing shall also be given to the City Engineer and other interested City Departments. SECTION 9404. PLANNING COMMISSION DETERMINATION. (a) The Planning Commission shall authorize the granting of the permit if it finds any of the following to be true: 1. That the property on which the mapped highway location is a part is of such a nature that the owner of the land will be substantially damaged by the refusal to grant the permit; 2. That the property will not earn a full return on the owner's investment unless the construction is authorized; 3. That balancing the interest of the public in preserving the integrity of mapped highways against the interest of the owner of the land in using his property, it is determined that the granting of the permit is required by consideration of justice and equity; in which event the Building Inspector shall forthwith issue the permit. (b) The Planning Commission shall not authorize the granting of the permit if it finds any of the following to be true: 1. That the owner of the land will not be sub- stantially damaged by locating the proposed structure on his land elsewhere than within the bed of the mapped highway; 2. That balancing the interest of the public and preserving the integrity of mapped highways against the interest of the land owner in using property, it is found that the resulting dis- advantages to the City would be unreasonable and disproportionate to the advantages the owner may accrue from using the property. (c ) The decision of the Planning Commission denying a permit shall be final and effective ten days after its written determination unless within said time a written appeal is filed by applicant or by any such owner or by action of the City Council or any member thereof. SECTION 9405. APPEAL TO THE CITY COUNCIL. Any owner or applicant dissatisfied with the decision of the Planning Commission may appeal the decision to the City Council by filing a Notice of Appeal with the City Clerk. The City Council may request a summary of the proceedings and may make such decision as in its opinion is justified thereby, or may set the matter for hearing before itself. If the City Council -2- sets the matter for hearing before itself, it shall, at least ten days prior to the date fixed for the hearing, cause notice of the time and place thereof to be mailed to the appellant at the address shown upon his Notice of Appeal. SECTION 9406. WAITING PERIOD. Upon the denial of an application for a permit by the Building Inspector, the Building Inspector forthwith shall give written notice of his denial to the Planning Commission and City Council, and mail a copy thereof to the owner or applicant at the address shown on his application. Upon the denial of an application for permit by the Planning Commission or the City Council, written notice of the denial shall be sent to the applicant or owner at the address shown on his application and to the Building Inspector. At the expiration of a period of ninety days, calculated from the date of any such denial, the permit shall be issued upon request of the owner or applicant, if the City has not acquired said property or has not insti- tuted legal proceedings to acquire said property. SECTION 9407. CLARIFICATION. This Chapter does not permit the construction, erection, placing, or maintenance of any building or structure at any place where such construction, erection, placing, or maintenance is prohibited by this Code or by any other ordinance or law. " SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 18th day of March , 1963. 111„.01 or STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No . 737 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 4th day of March , 1963. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day of March , 1963, by the following vote, to-wit : AYES: Councilmen: Memmesheimer, Cooney, Jackson, McLees, Ortuno NOES: Councilmen: None ABSENT:Councilmen: None City Clerk I do further certify that I caused said or'd.inance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 27th day of March , 1963, and that the same was published in accordance with law. 7City Clerk Publish Azusa Herald & Pomotropic March 2 , 1963 -3-