The purpose of this chapter, which shall be known as the "Mapped
Street Ordinance," is to establish building lines and to protect rights-of-way
for the future widening of existing streets and for future streets.
(Ord. 2097 § 3, 2013)
Where a lot or parcel of land abuts a public street, a building
line is established on the lot or parcel parallel to the front line
thereof and located, measured from the existing centerline of the
street, a distance equal to the required depth of the front yard of
the lot or parcel as prescribed by this chapter, plus a distance equal
to one-half of the ultimate width of the abutting street as such ultimate
width is shown on the General Plan.
(Ord. 2097 § 3, 2013)
(A)
In accordance with applicable provisions of State law, the City Council
may designate and delineate mapped streets and make the same a part
of the General Plan.
(B)
When any such mapped street has been so established, no person shall
construct, install or maintain any building or structure within the
right-of-way thereof, except as hereinafter specifically provided.
(Ord. 2097 § 3, 2013)
With regard to lots or parcels abutting a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Section 21.06.020 of this chapter.
(Ord. 2097 § 3, 2013)
(A)
Proceedings for amendment of the General Plan by the designation
of mapped streets for proposed widenings along any existing street
or portion thereof or for any future street, may be initiated by the
Planning Commission, by the City 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.
(B)
Upon receiving such recommendation of the Planning Commission and
whenever the public peace, health, safety, interest or welfare is
found to so require, the City Council may establish the proposed width
of such street or streets, and the alignment of such future streets,
and thereupon shall cause the General Plan to be amended accordingly,
as provided by State law.
(Ord. 2097 § 3, 2013)
No building permit shall be issued for construction of any building
or 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
$1,000 may be constructed in such areas.
(Ord. 2097 § 3, 2013)
Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to Section 21.06.070 may by written notice request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon and within 40 days thereafter, hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard; at least 10 days prior to the date fixed for such hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed by certified mail to the applicant and to any person requesting such notice.
(A)
The Planning Commission shall direct the issuance of the requested
building permit, if it finds any of the following facts to be true:
(1)
That the denial of the 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 interest of the public in preserving the integrity
of mapped streets against the private interest of the owner of the
land in using his or her property, it is determined that issuance
of the permit is required in the interests of justice and equity;
or
(3)
That the property involved will not earn a reasonable return on the
applicant's investment unless the building permit is issued.
(B)
The Planning Commission shall not direct the issuance of such permit,
if it finds any of the following facts to be true:
(1)
That the applicant will not be substantially damaged by relocating
the proposed structure on the lot elsewhere than in the building setback
area, or in the mapped street; or
(2)
That, in balancing the interest of the public and preserving the
integrity of mapped streets against the private interest of the owner
of the land in using his or her 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; or
(3)
That the property will earn a reasonable return on the owner's investment
even if the building permit is not issued.
(C)
The Planning Commission may attach reasonable conditions to its decision.
(D)
The applicant shall be given written notice of the action taken by
the Planning Commission.
(Ord. 2097 § 3, 2013)
Upon exhaustion of all administrative relief as provided in Sections 21.06.080 and Chapter 1.10, any applicant dissatisfied with the final decision may, by written notice filed within 15 days thereafter, demand that the City acquire by eminent domain or other available procedure the land belonging to the applicant and located within the designated right-of-way of the proposed street widening or mapped street. Upon failure of the City Council, within 12 months thereafter, to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be processed without regard to Section 21.06.070.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016)
Structures existing in building setback areas and in mapped
streets on September 1, 1965, shall be deemed to be legal nonconforming
structures, subject to the regulations, limitations, abatement and
amortization provided in this title.
(Ord. 2097 § 3, 2013)
These sections shall not permit the construction, erection,
placing or maintenance of any building or structure at any place where
the same is prohibited by any other law, regulation or title.
(Ord. 2097 § 3, 2013)
