Chapter 12.04
STREET PLAN AND SETBACK LINES
Sections:
12.04.010 Setbacks and street lines required when.
12.04.020 Establishment—Public hearing required.
12.04.030 Hearing—Notice and posting requirements.
12.04.040 Filing of protest prior to hearing.
12.04.050 Hearing—City council jurisdiction.
12.04.060 Permit issuance stayed during proceedings.
12.04.070 Extraterritorial jurisdiction.
12.04.080 Violation—Nuisance—Penalty.
12.04.010 Setbacks and street lines required when.
A. The city council may consider upon its own motion, or upon the recommendation of the planning commission, or upon the suggestion of any interested citizen, whether the public convenience, interest, safety, health, peace or welfare requires the establishment of setback lines for the regulation or prohibition of buildings or structures in proximity to existing streets, other than setback lines established by or through zoning regulations and subdivisions development controls.
B. In like manner the city council may consider the establishment of plan lines for the protection of contemplated or future street rights-of-way against the unwarranted or undesirable construction of buildings and structures.
C. As used in this chapter the term “setback line” means a line parallel to and distant from the right-of-way line of a public street established to prevent the erection of structures between the setback line and the street right-of-way line.
D. The general purpose of a setback line is to establish an open space area between street and sidewalk area and the structures built upon lots or parcels facing the street for such objectives as the establishment of front yards, enhancement of light and air circulation and traffic safety.
E. The term “plan line” means a line or pair of lines established to delineate a right-of-way for street or sidewalk improvements, or both, to be constructed at some future time. The general purpose of plan lines is to give notice to the public of the possible location of rights-of way in the future and to protect such proposed right-of-way, to the extent legally possible, against encroachment by structures.
F The establishment of plan lines under this chapter shall not be considered as an acquisition of right-of-way or other property interest by the city, but rather as a measure taken under the governmental power of the city to protect the public interest in the orderly development of streets and roads and the private interest of persons owning the property in preventing unnecessary or improvident property improvement. (Ord. 340 N.S. § 1, 1975)
12.04.020 Establishment—Public hearing required.
A. Whenever the city council shall intend to consider the establishment of setback lines or plan lines under this chapter, it shall by motion or be resolution state its intention to do so and fix a date and place for public hearing at which the owners and occupants of property having interest in the matter may protest and be heard.
B. The council shall not take final action upon the establishment of any such setback lines or plan lines until the conclusion of public hearing for such purpose, but pending public hearing it may investigate and study the matter, and order such studies, investigations and reports to be made to it concerning the subject matter as it may deem appropriate. Additionally, the city council shall refer the matter to the Planning Commission for its investigation and report.
C. The planning commission may hold a public hearing if it deems it advisable, unless prior report on the same subject matter has been given by the planning commission to the city council before the time the city council states its intention to conduct a public hearing. (Ord. 340 N.S. § 2, 1975)
12.04.030 Hearing—Notice and posting requirements.
The time of hearing shall not be less than fifteen days nor more than thirty days from the date of the adoption of the motion or resolution of intention, and notice thereof shall be given by publication once a week for two weeks in a newspaper of general circulation circulated in the city, by the posting of a notice in a conspicuous place or places at or near the location of the proposed setback lines or plan lines, and by such individual notice to property owners as the council may determine appropriate in the given case. (Ord. 340 N.S. § 3, 1975)
12.04.040 Filing of protest prior to hearing.
A. At any time before the hour set for hearing any person having any interest in any land affected directly by the proposed setback lines or plan lines may file with the city clerk written protest or objection concerning the establishment of such setback lines or plan lines.
B. All written protests shall be considered by the city council at hearing.
C. Additionally, any person having interest in the subject matter may appear before the council at the time and place of hearing and make oral statement, protest or objection relevant to the subject matter. (Ord. 340 N.S. § 4, 1975)
12.04.050 Hearing—City council jurisdiction.
A. At the time set for hearing the city council shall hear the matter and hear and pass on all protests or objections made in writing or orally at the time of hearing. The council shall have power and jurisdiction to sustain any protest or objection and to abandon the proceedings, or to deny any protest or objection and to proceed with the establishment of the proposed setback lines or plan lines.
B. Notwithstanding such protest or protests, or objections, if it appears to the council that the public convenience, interest, safety, health, peace or welfare requires the establishment of the proposed setback lines or plan lines that injury or inconvenience claimed to be sustained by the affected property owner or owners is reasonable in view of public need.
C. In any determination to establish such lines the council may modify the proposal pending before it, in any manner which will result in less impact upon the use of private property, but shall not, without further notice and hearing make any modification which would establish greater setbacks or street plans greater than or beyond those described in notice of the council’s intention. (Ord. 340 N.S. § 5, 1975)
12.04.060 Permit issuance stayed during proceedings.
A. From the time the council adopts its motion or resolution of intention until the time of public hearing on the matter, no building permit shall be issued for the erection or establishment of any building or structure which would violate the setback or plan lines if enacted.
B. Enactment of such setback or plan lines shall be by ordinance introduced and adopted within sixty days after the close of public hearing.
C. Unless the city council by resolution abandons the proceedings at or after the close of public hearing, the prohibition against building shall continue in effect during the period pending effectiveness of the proposed ordinance, but if no such ordinance is introduced and adopted within sixty days after the close of public hearing the prohibition shall expire at the end of the sixtieth day after the date of close of hearing. (Ord. 340 N.S. § 6, 1975)
12.04.070 Extraterritorial jurisdiction.
In conducting proceedings under this chapter, the council may consider the establishment of setback lines and plan lines in unincorporated territory beyond the limits of the city when it is necessary or appropriate to do so, but the establishment or such setback lines or plan lines beyond the corporate limits of the city shall be deemed a request to the board of supervisors of the county of Sonoma for the establishment by the county of similar controls in the public interest, unless at the time there is a provision in enabling state law for grant and exercise of extraterritorial jurisdiction by the city council in the premises, and such extraterritorial jurisdiction has been granted. (Ord. 340 N.S. § 8, 1975)
12.04.080 Violation—Nuisance—Penalty.
A. The erection of any building or structure in violation of -a prohibition under this chapter, or in violation of any setback lines or plan lines established by this chapter shall be a misdemeanor, and any building or structure so erected shall constitute a public nuisance which may be abated in any manner provided by law.
B. The terms “building or structure” as used in this chapter means only those buildings or structures for which a building permit is required under local ordinance.
C. These terms do not include the improvement of property by the planting of gardens or agricultural crops, small trees, low growing shrubs, walkways, paths, fences and similar barriers of specifications which do not require building permits and similar uses of the surface and subsurface of the land which does not require substantial investment of money or value and which do not pose substantial hindrance to the acquisition and development of land for street purposes without undue burden or expense upon the public. (Ord. 340 N.S. § 7, 1975)