Chapter 12
PLAN LINES
Sections:
7-12.02 Building construction prohibition.
7-12.04 Protection of rights-of-way for mapped streets.
7-12.05 Protection of rights-of-way for the future widening of existing streets.
7-12.06 Building permits: Restrictions.
7-12.07 Administrative relief.
7-12.09 Existing structures: Retroactivity.
7-12.10 Compliance with other regulations.
7-12.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Applicant” shall mean any person applying for a building permit within the City.
(b) “Building line” shall mean that certain line established by the Council as provided in this chapter.
(c) “Building setback area” shall mean the area of a parcel between the building line and abutting street right-of-way, extending the full width of such parcel.
(d) “Mapped street” shall mean a future street which is laid out and delineated on the General Plan of the City and on a map of such size scale and detail that the precise alignment of such street is ascertainable.
(e) “Street” shall mean any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square, or other public way which heretofore has been, or may hereafter be, dedicated or otherwise acquired by the City or other public agency for public street purposes.
(f) “Structure” and “building” are synonymous and shall mean anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty, or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.02 Building construction prohibition.
No structure shall be erected, constructed, or maintained within the area of a parcel between the building line and an abutting street right-of-way, except as set forth in this chapter.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.03 Building lines.
Where a parcel abuts a public street, a building line is hereby established on the parcel parallel to the front parcel line thereof and located, measured from the existing center of the street, a distance equal to the required depth of the front yard of the parcel as prescribed by the zoning provisions, plus a distance equal to the ultimate width of the abutting street as such ultimate width shall be determined by resolution of the Council as to existing streets previously dedicated or by mapped streets delineated on the General Plan.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.04 Protection of rights-of-way for mapped streets.
In accordance with applicable provisions of State laws, the Council may designate and delineate mapped streets and make such streets as part of the General Plan. When any such mapped street has been so established, no person shall construct, install, or maintain any structure within the right-of-way thereof, except as specifically provided in this chapter.
Proceedings for the amendment of the General Plan by the designation of mapped streets for any future street may be initiated by the Planning Commission, by the Council, or by any person filing a petition therefor with the Planning Commission. The Planning Commission shall thereupon process the matter as an amendment to the General Plan.
Upon receiving such recommendation of the Planning Commission and whenever the public peace, health, safety, interest, or welfare is found to so require, the Council may establish the alignment of such future streets and thereupon shall cause the General Plan to be amended accordingly, as provided by State laws.
(§ l, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.05 Protection of rights-of-way for the future widening of existing streets.
With regard to parcels abutting an existing street previously dedicated, and only a portion of the ultimate street width has been acquired, the Council shall determine the precise ultimate street width by the adoption of a resolution after a public hearing. All owners of affected parcels shall be mailed notice of such public hearing at least ten (10) days prior thereto. Upon adoption, such resolution shall be recorded with the County Recorder.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.06 Building permits: Restrictions.
No building permit shall be issued for the construction of any structure in any building setback area or in the right-of-way of any mapped street. Temporary structures, such as walls, fences, signs, or other easily removable structures, involving a cost of not to exceed One Thousand and no/100ths ($1,000.00) Dollars may be permitted in such areas.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.07 Administrative relief.
Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to Section 7-12.06 of this chapter, by written notice, may request a hearing on such matter before the Council. The Council shall thereupon, and within forty (40) days thereafter, hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten (10) days prior to the date fixed for the hearing, the Council shall cause notice of the time and place thereof to be mailed to the applicant, and to any other person requesting such notice, and to other affected parcel owners.
(a) The Council shall direct the issuance of the requested building permit if the Council finds either of the following facts to be true:
(1) That the denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or
(2) That, in balancing the interests of the public in preserving the integrity of mapped streets against the private interests of the owner of the land in using the property, it is determined that the issuance of the building permit is required in the interests of justice and equity.
(b) The Council shall not direct the issuance of the requested building permit if the Council finds either of the following facts to be true:
(1) That the applicant will not be substantially damaged by relocating the proposed structure on the parcel elsewhere than in the building setback area or in the mapped street; or
(2) That, in balancing the interests of the public and preserving the integrity of mapped streets against the private interests of the owner of the land in using the property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property.
(c) The Council may attach reasonable conditions to its decision.
(d) The applicant shall be given written notice of the action taken by the Council.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.08 Acquisitions.
After the exhaustion of administrative relief as provided in Section 7-12.07 of this chapter, any applicant dissatisfied with the final decision, by written notice filed within fifteen (15) days thereafter, may demand that the Council acquire by eminent domain or other available proceeding the land belonging to the applicant and located within the right-of-way of the mapped street or building setback for the future widening of existing streets. Upon the failure of the Council, within six (6) months thereafter, to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute such proceedings to completion, the applicant may reapply for such building permit, and thereupon such building permit shall be issued.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.09 Existing structures: Retroactivity.
Structures existing in building setback areas and in mapped streets on March 11, 1986, shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement, and amortization provided in Title 14 of this Code.
(§ l, Ord. 698-86 C-M, eff. April 10, 1986)
7-12.10 Compliance with other regulations.
This chapter shall not permit the construction, erection, placing, or maintenance of any structure at any place where such structure is prohibited by any other law, regulation, or provision of this chapter.
(§ 1, Ord. 698-86 C-M, eff. April 10, 1986)