In order to conserve and promote the public health, safety and general welfare, a Specific Plan of Streets and Highways is hereby adopted. Said Specific Plan shall show the locations and widths of a system of major traffic thoroughfares and other highways, the recommended treatment thereof, and building line setbacks. For convenience, the Specific Plan will be developed progressively by the adoption from time to time of detailed plans for portions of individual highways as parts of said Specific Plan.
(a)
Each part of the Specific Plan of Streets and Highways shall consist of a descriptive title sufficient to identify the subject and location and a detailed map, with appropriate notations thereon, which shall set forth all requirements, dimensions and other pertinent data of said Specific Plan, which may include any or all of the items mentioned in section 7-19-1325 of this Article. The County Planning Agency shall prepare the parts of the Specific Plan including the detailed maps.
(b)
The County Planning Agency shall also prepare and maintain for public inspection a large map of the County which will show the location of the parts of the Specific Plan of Streets and Highways which have been adopted. Said map shall contain notations sufficient to identify the detailed map pertaining to each part of the Specific Plan.
Additions and amendments to the Specific Plan of Streets and Highways shall be adopted pursuant to the provisions of Article 9 (commencing with section 65500) of Chapter 3 of Title 7 of the Government Code of the State of California, as it now exists and as it may be amended from time to time. Each ordinance adding to or amending the Specific Plan shall designate the added or amended part by an appropriate serial number corresponding to the serial number of items adopted pursuant to this Article.
Officers, agents or employees of the County having the authority to issue licenses or permits, or having the authority to approve plans or specifications for private or public projects, shall not issue such a license or permit and shall not approve any project plan or specification unless the project which is being licensed, permitted or approved complies with the Specific Plan of Streets and Highways. Any license, permit or approval which is granted in violation of this Article is null and void.
From and after December 1, 1947, no person shall erect, construct or establish any building, well, wall, signboard or other improvement within the space between the street or highway line and any building line setback herein established, widened or straightened; provided, however, that said restrictions shall not apply to any form of agricultural or horticultural plantings or crops, or the maintaining of domestic animals or the maintenance of fences.
If buildings, utilities or other installations existed within reserved areas on December 1, 1947, or on the effective date of any Item subsequently adopted under the provisions of this Article, such nonconforming buildings, utilities or other installations may continue with reasonable maintenance but may not be enlarged or replaced except as provided in section 7-19-1355.
If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Article result from the strict and literal interpretation and enforcement of this Article, as it applies to section 7-19-1350, the County Planning Commission, upon a written application from the owner of the property affected, shall have authority, subject to the approval of the Board of Supervisors, to grant such a variance from the provisions of this Article as will be in harmony with the general purpose and intent of this Article, so that the spirit of this Article will be observed, public safety and welfare served and substantial justice done. Such variances shall be granted in compliance with the following procedure:
(a)
A public hearing shall be held for the purpose of considering an application for a variance.
(b)
Notice of such public hearing shall be given not less than ten (10) days prior to the date of such public hearing. Such notice shall be given by postal cards which shall be mailed to the following persons:
(1)
Division of Highways, California Department of Public Works.
(2)
County Surveyor.
(3)
Owners of all property within a radius of five hundred (500) feet of the site of the building, utility or other installation involved in the application, using for that purpose the name and address of the last known owners of such property as shown on the records of the County Clerk/ Recorder/Assessor.
(c)
Within not more than forty (40) days following such public hearing, the Planning Commission shall act on the application by resolution, and the resolution shall recite in full the findings upon which the Planning Commission bases its approval or disapproval of such variance.
(d)
A copy of the resolution containing the recommendations of the County Planning Commission shall be mailed to the applicant, using therefore the address shown upon the written application. One copy of said resolution shall be delivered to the Board of Supervisors.
(e)
The Board of Supervisors may approve or disapprove the recommendation of the Planning Commission and its action shall be final.
Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Chapter, if the decision denies the variance, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the variance has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
At the time of filing his application for a variance, the applicant shall pay a fee of Twenty Five Dollars ($25.00) to defray the expenses incidental to the proceedings. No part of said fee shall be returned to the applicant if he subsequently withdraws his application for a variance.
Any building, well, wall, signboard or other improvement which is not in full compliance with the requirements of section 7-19-1345 of this Article shall constitute a public nuisance.
Any person violating any of the provisions of section 7-19-1345 of this Article shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of section 7-19-1345 is committed, permitted or continued by such person, and shall be punishable therefor as provided hereinabove.
The maps of the Specific Plan of Streets and Highways and amendments adopted heretofore or hereafter under this Article shall not be included in or made a part of this Code. Some of said maps have been designated as parts of the "Official" Plan of Streets and Highways because they were adopted prior to the time that the former Planning Law of the State of California (Government Code section 65000 et seq.) changed the designation "official plans" to "precise plans." Also, some of said maps have been designated as parts of the "Precise" Plan of Streets and Highways because they were adopted prior to the time that the Planning and Zoning Law of the State of California (Government Code section 65000 et seq.) changed the designation "precise plans" to "specific plans."