Whenever the public peace, health, safety, convenience, interest,
or general welfare may require, the planning commission shall recommend,
and the city council shall adopt, specific plans and regulations,
including setback lines, based on the general plan.
(Ord. of 2-22-2011(1))
Specific plans and regulations shall be adopted and amended
in accordance with the provisions of the Government Code of the state,
except as modified by these regulations, and shall be certified by
the state's Coastal Commission.
(Ord. of 2-22-2011(1))
A proposed specific plan or regulation or a proposed amendment
to an adopted specific plan or regulation may be initiated in any
of the following ways:
A.
By
a petition of property owners or their authorized agents accompanied
by such information as may be prescribed by the planning commission;
B.
By
an affirmative vote of the planning commission;
C.
By
an affirmative vote of the city council to refer a proposed amendment
to the planning commission.
(Ord. of 2-22-2011(1))
Upon the initiation of a proposed specific plan or regulation
or amendment, the same shall be set for hearing before the planning
commission. If the planning commission fails, within sixty days after
the close of the public hearing, to recommend or disapprove such proposed
plan or regulation or amendment, such failure shall be deemed to be
the adoption of a resolution recommending the proposed plan or regulation
or amendment; provided, that this time limitation may be extended
by the planning commission with the consent of the petitioners.
(Ord. of 2-22-2011(1))
Any person may appeal the disapproval of a proposed plan or
regulation or amendment to the city council at any time within ten
days after the decision of the planning commission. A notice of appeal
must be filed with the city clerk, with a copy to the planning director.
Within ten days after such filing, the planning director shall transmit
to the city clerk all exhibits, notices and other documents on file
with the planning commission, together with the report of the planning
commission. The city council shall conduct a public hearing on the
appeal and shall render a decision on the appeal after the conclusion
of the hearing. If a proposed plan or regulation or amendment is disapproved
by the planning commission, the same shall not be adopted except by
a four-fifths vote of the city council.
(Ord. of 2-22-2011(1))
The provisions of these regulations relating to withdrawal and
renewal of rezoning applications shall apply to petitions for specific
plans and regulations and amendments thereto. Fees for petitions and
appeals shall be established by city council resolution.
(Ord. of 2-22-2011(1))
From and after the taking effect of any ordinance establishing
any specific plan which includes setback lines, all required yard
areas shall be measured from the setback lines established by the
specific plan.
(Ord. of 2-22-2011(1))
From and after the taking effect of any ordinance establishing
any specific plan which includes setback lines, no person shall erect,
construct or establish any building, structure or improvements within
the space between the street line and the setback line or the building
line established by a required yard area measured from the setback
line. No permit shall be issued for any such building, structure or
improvement within such setback space or required yard area, except
that permits may be issued for the erection, construction or establishment
of temporary structures or improvements in such setback space or required
yard area; provided that the owner or owners of any property proposing
to erect or establish such temporary structures or improvements shall
first file with the city a written guarantee and bond, in an amount
to be fixed by the city council, that he will remove such structures
or improvements from such setback space or required area at his own
expense at such time as the city shall declare its intention of acquiring
the setback space for street widening purpose. Further, that in the
event of sale or lease of such temporary structures or improvements,
the city shall be put to no additional expense for the acquirement
of said setback space for street widening purposes by reason of such
temporary structures or improvements thus erected in said setback
space or required yard area and that any additional expense thus caused
shall become a lien against the property, including such setback space.
(Ord. of 2-22-2011(1))
