Chapter 12.20
BUILDING LINE SETBACKS
Sections:
12.20.010 Declaration of policy.
12.20.020 Locations of proposed streets to be provided to City Clerk.
12.20.030 Building permit for structures and improvements within boundaries of proposed streets.
12.20.050 Effect of planning and zoning regulations.
Cross references: Buildings and building regulations, Ch. 18.
12.20.010 Declaration of policy.
The city, through the Planning Commission and the City Council, is engaged in developing specific plans for streets within the city for the systematic execution of the General Plan Circulation Element to assure ample transportation facilities for the present and future. The magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the city. The surveys, hearings, map preparation, and requirements of law governing such matters necessitate such detailed plans being developed progressively. Therefore, in order to conserve the public interest and to assure economies and public safety and welfare, it is imperative that necessary rights-of-way for streets within the city be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the retention or creation of thoroughfares adequate in alignment, dimensions, and vision clearance to serve the public needs, safety, and welfare. Thus, to deal effectively with the practical problem presented, it is necessary to establish certain minimum building line setbacks throughout the city.
(Code 1965, § 7240; Code 2002, § 90-281. Ord. No. 888)
12.20.020 Locations of proposed streets to be provided to City Clerk.
Whenever a specific plan for a street, based upon the Circulation Element, has been adopted by the City Council, a copy of the specific plan, sufficient to indicate the location of the proposed street on parcels of land to be traversed or otherwise occupied by the street when constructed, shall be given to the Building Official by the City Clerk.
(Code 1965, § 7241; Code 2002, § 90-282. Ord. No. 888)
12.20.030 Building permit for structures and improvements within boundaries of proposed streets.
(a) The Building Official shall not issue any building permit for any building or structure, or for any improvement required by the city’s planning and zoning regulations (such as off-street areas), if the building, structure, or improvement will be within the boundaries of the proposed street as indicated on the specific plan, or will be within the required yard area as measured from the proposed street boundaries as indicated on the specific plan.
(b) Temporary improvements (such as additional off-street parking, landscaped areas of turf and ground cover, but not including trees or any permanent structures), in addition to those required by the planning and zoning regulations, may be allowed within the boundaries of the proposed street subject to the approval of the Building Official. The provisions of this section shall not apply to improvements of a minor nature which will cost less than $500.00.
(Code 1965, § 7242; Code 2002, § 90-283. Ord. No. 888)
12.20.040 Appeal.
Any person aggrieved by the refusal of a building permit may appeal to the City Council pursuant to section 2.05.050 of this Code. The City Council shall grant the permit only if it finds as follows:
(1) That there are exceptional or extraordinary circumstances or conditions attached to the property upon which the proposed building, structure, or other improvements are proposed to be constructed;
(2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;
(3) That in balancing the interests of the public in preserving the integrity of the Circulation Element against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.
(Code 1965, § 7243; Code 2002, § 90-284. Ord. No. 888)
12.20.050 Effect of planning and zoning regulations.
No planning and zoning regulation is to be construed as permitting a required yard area or any building, structure or other improvements required by the planning and zoning regulations within the bed of a proposed street, except as herein provided.
(Code 1965, § 7244; Code 2002, § 90-285. Ord. No. 888)