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HomeMy WebLinkAboutORD 221ORD 221ê79wU ×Pê® ORDINANCE NO 221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RELATING TO THE PROTECTION OF MAPPED HIGHWAYS; REGU- LATING AND PROHIBITING ERECTION ON CER- TAIN MAPPED STREETS AND HIGHWAYS; REGU- LATING AND PROHIBITING THE ISSUANCE OF A BUILDING PERMIT OVER SUCH AN AREA AND PROVIDING FOR THE RIGHT OF HEARING BE- FORE A BOARD OF APPEALS AND THE RIGHT OF APPEAL The City Council of the City of Baldwin Park does ordain as follows: Section 1. As used in this Article, mapped high- way" means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a major or secondary highway on the circulation element of the City master or general plan also known as the Master Plan of City 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 ascertained. Owner" means any person entitled to the use or pos- session of real property or any person applying for a building permit. Section 2. No person shall hereafter erect any build- ing or structure other than a temporary structure costing less than $500.00, within the area of any mapped street or highway, without first having secured a building permit as hereinafter provided. Section 3. Prior to issuing of any building permit by the Building Official, the City Engineer shall examine the circulation element of the City Master or General Plan also known as the Master Plan of City Highways) to determine if there is on file in the office of the City Engineer a lawfully enacted precise plan indicating the exact location on the ground which the proposed street or highway is to occupy. If the City Engineer finds that the building or structure proposed lie within the boundaries of any mapped street t FIRST r g 2 7 6z S 1- SECOND RE ORD 221ê79wU ×Pê®or highway, he shall notify the Building Official who shall grant a permit if the cost of the proposed building or structure is $500.00 or less and the proposed structure other- wise complies with the laws of the City. Otherwise, the Building official shall refuse such permit and notify the owner or applicant for the permit of the reason for such refusal. Section 4. Any person aggrieved by the refusal of a building permit under this ordinance may request a hearing on the matter before the Planning Commission, hereinafter re- ferred to as the Board of Appeals. Before taking any action authorized by this ordinance the Board of Appeals shall hold a hearing at which the applicant and any other interested parties shall have an opportunity to be heard. At least seven days prior to the date fixed for the hearing the Board of Appeals shall cause notice of the time and place thereof to be mailed by certified mail to the owner or applicant. Written notice of the time and place of the hearing shall also be given to the City Engineer and other interested City Departments. Section 5. The Board of Appeals shall authorize the Building Official to grant the permit if it finds any of the following to be true: a. That the property on which the mapped street or 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; b. That the property will be prevented from earning a reasonable return on the owner's investment unless the construction is authorized; c. That balancing the interest of the public in pre- serving the integrity of mapped streets and high- ways 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 considerations of justice and equity. Section 6. The Board of Appeals shall not authorize the granting of the permit if it finds any of the following to be true: a. That the owner of the land will not be substantially damaged by locating the proposed structure on his land elsewhere than within the bed of the mapped street or highway; 2- ORD 221ê79wU ×Pê® b. That balancing the interest of the public and preserving the integrity of mapped streets and highways against the interest of the land owner in immediately using his property, it is found that the resulting disadvantages to the City would be unreasonable and disproportionate to the advantages the owner may accrue from such immediate use of the property. Section 7. Any owner or applicant dissatisfied with the decision of the Board of Appeals 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 the evidence submitted before the Board of Ap- peals 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 sets the matter for hearing before itself, it shall, at least ten 10) days prior to the date fixed for the hearing, cause notice of the time and place thereof to be mailed, by certified mail, to the appellant at the address shown upon his Notice of Appeal. Section 8. Upon the denial of an application for a permit by the Building Official, the Building Official shall give written notice of his action to the Planning Commission and the Planning Director and mail a copy thereof, by certified mail, to the owner or applicant at the address shown on his application. Upon the denial of an application for a permit by the Board of Appeals or the City Council, written notice of the denial shall be sent, by certified mail, to the applicant or owner at the address shown on his application. At the ex- piration of a period of one year, calculated from the date of mailing of notice of denial of the permit or decision of the Planning Commission or City Council, whichever last occurs, the permit shall be issued upon request of the owner of appli- cant, if the City has not acquired said property or had not instituted legal proceedings to acquire said property. Section 9. This ordinance does not permit the con- struction, erection, placing, or maintenance of any building or structure at any place where such construction, erection, placing, or maintenance is prohibited by this Ordinance or by any other ordinance or law. 3- ORD 221ê79wU ×Pê® Section 10. Short title. This ordinance shall be known as and may be cited as the Mapped Streets and Highways Ordinance." Section 11. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. Section 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy hereof to be published or posted as required by law. This Ordinance shall become effective thirty days after the date of its adoption. ADOPTED by the City Council, signed by the Mayor and attested by the City Clerk this 4th day of September 1962. ZZ2 4,4 Letcher Bishop, Mayo ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CCTY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting place on the 4th day of September 1962, by the following vote: AYES: COUNCILMEN MOREHEAD, BLOXHAM, HOLMES TAYLOR AND MAYOR BISHOP NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE C/*1~ Thelma L. Balkus, City Clerk 4- ORD 221ê79wU ×Pê® F CERTIFICATE OF POSTING STATE CF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 7th day of September, 1962, I caused to be posted in three conspicuous places a copy of Ordinance No. 221, as required by law and the Baldwin Park Municipal Code, THE LMA L, BAIKUS City Clerk SEAL) Subscribed and sworn to before me this 1.,".?t.-day of__ 19Z.- Public la and for the county of tnfingeles, State of Californla EVA ELDER PUGH NY Commission xp:res March 6, 1963 BIB] 39007-U01 ORD-U02 221-U02 LI2-U03 FO31549-U03 FO94592-U03 DO94636-U03 C5-U03 ORDINANCES-U03 10/12/2006-U04 ROBIN-U04