Division II. Other Land Use Regulations

Chapter 17.74
BUILDING SETBACK LINES

Sections:

17.74.010    Title.

17.74.020    Purpose—Adoption of building setback lines.

17.74.030    Purpose—Protection of master street and highway plan.

17.74.040    Designation on maps—Contents of maps.

17.74.050    City clerk to keep up-to-date copies of maps showing official building setback lines.

17.74.060    Adoption—Planning commission public hearing.

17.74.070    Adoption—Council public hearing.

17.74.080    Adoption—Maps to be a part of chapter provisions—Designation of official centerline.

17.74.090    Laurel Lane.

17.74.100    Foothill boulevard.

17.74.110    South Street.

17.74.120    Johnson Avenue.

17.74.130    Broad Street (Marsh to SE city limits).

17.74.140    Orcutt Road (Broad to Johnson).

17.74.150    California Boulevard and San Luis Drive.

17.74.160    South Higuera Street.

17.74.170    Higuera Street (Marsh to Madonna).

17.74.180    Santa Rosa Street (Monterey to Murray).

17.74.190    Higuera Street (Prado Road to south city limit).

17.74.200    Santa Rosa Street (Monterey to Marsh).

17.74.210    Osos Street (Monterey to Higuera).

17.74.215    Santa Barbara Avenue (High Street to Broad Street).

17.74.220    No new structures to be in setback area—Exceptions.

17.74.230    Appeals from Section 17.74.220 —Procedure.

17.74.240    Enforcement—Nonconforming buildings and structures declared unlawful and a nuisance—Abatement.

17.74.010 Title.

This chapter shall be known and cited as the “Official Building Setback Line Ordinance” of the city. (Prior code § 9300.8)

17.74.020 Purpose—Adoption of building setback lines.

This chapter is enacted to enable adoption of official building setback lines for the city, and to provide for the designation, recording, enforcement of and appeal from such official building setback lines. (Prior code § 9300)

17.74.030 Purpose—Protection of master street and highway plan.

The purpose of this chapter is to protect the master street and highway plan adopted by the city. The street and highway plan is being adopted in order to:

A. Serve as a general guide for the development of streets and highways;

B. Promote the public welfare, safety and convenience;

C. Provide a comprehensive guide for capital outlay on street and highway improvements in the city;

D. Provide an authentic source of information for residents and investors in the city;

E. To obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares. (Prior code § 9300.1)

17.74.040 Designation on maps—Contents of maps.

A. Official building setback lines shall be designated on maps drawn up by the city engineer at the request of the council or at the request of the city planning commission, acting through the council.

B. The official building setback maps shall show all buildings adjacent to the street, or proposed street, at a scale of one inch equals fifty feet, and they shall show the existing right-of-way widths, if any, as well as any proposed changes in the street. The maps shall be titled “Official Building Setback Lines of (name of street or highway).” There shall be statements of adoption by the planning commission and the council on each map. (Prior code § 9300.2)

17.74.050 City clerk to keep up-to-date copies of maps showing official building setback lines.

A. The city clerk is instructed to keep up-to-date maps which shall show the streets or portions of streets upon which official building setback lines have been established.

B. The maps shall not be recorded. (Prior code § 9300.3)

17.74.060 Adoption—Planning commission public hearing.

In order to adopt any additional building setback line maps, the city planning commission shall be in receipt of the map from the city engineer and shall hold at least one public hearing thereon. Notice of the hearing shall be given in a newspaper of general circulation in the city at least ten days in advance of the first of such hearings. The city planning commission shall submit its findings in writing to the council within ninety days after the notice of the hearing. (Prior code § 9300.4.1)

17.74.070 Adoption—Council public hearing.

Upon receipt of the report from the city planning commission, the council shall set a date for at least one public hearing and give public notice of the hearing as prescribed by law. At such time as the hearing is concluded by the council, it may adopt the official building setback line map as an amendment to Section 17.74.080, or resubmit the map to the planning commission for further study. (Prior code § 9300.4.2)

17.74.080 Adoption—Maps to be a part of chapter provisions—Designation of official centerline.

Official building setback line maps and all the notations thereon are made a part of this chapter at the time of their adoption by the council, and the maps constitute sections under this chapter. The centerline shown on any building setback line map is designated as the official centerline of the street. (Prior code § 9300.4.3)

17.74.090 Laurel Lane.

The map adopted by Ordinance 48, 1957 Series, is designated as the “Official Building Setback Lines of Laurel Lane,” dated July 15, 1957, and the building setback line is forty-three feet in commercial and manufacturing land use districts, and thirty-eight feet in residential land use districts, on both sides of the centerline shown on the map. (Prior code § 9300.4.4)

17.74.100 Foothill boulevard.

The map adopted by Ordinance No. 56, 1957 Series, is designated as the “Official Building Setback Lines of Foothill Boulevard,” and the building setback line is forty-three feet in the commercial and manufacturing land use districts, and thirty-eight feet in residential land use districts, on both sides of the centerline shown on the map, except on Sheets 2A and 3A as amended by Ordinance No. 346, 1966 Series. (Prior code § 9300.4.5)

17.74.110 South Street.

The map adopted by Ordinance 85, 1958 Series, is designated as the “Official Building Setback Lines of South Street,” and the building setback line is forty-three feet in commercial and manufacturing land use districts, and thirty-eight feet in residential land use districts, on both sides of the centerline shown on the map. (Prior code § 9300.4.6)

17.74.120 Johnson Avenue.

The map adopted by Ordinance 130, 1959 Series, is designated as the “Official Building Setback Lines of Johnson Avenue,” and the building setback line is forty-three feet in commercial and manufacturing land use districts, on both sides of the centerline shown on the map. (Prior code § 9300.4.7)

17.74.130 Broad Street (Marsh to SE city limits).

An official building setback line is established on both sides of Broad Street, from Marsh Street to the southeasterly city limit line, excepting therefrom that portion from Pismo Street to High Street, for forty feet from the existing centerline of said portion of Broad Street. (Ord. 1529 § 2, 2010: Ord. 1057 § 2, 1986; prior code § 9300.4.8)

17.74.140 Orcutt Road (Broad to Johnson).

An official building setback line is established on both sides of Orcutt Road, between Broad Street and Johnson Avenue, in accordance with the official map designated “Official Building Setback Line for Orcutt Road between Broad Street and Johnson Avenue” dated November 4, 1963, as amended by the city council by ordinance on February 16, 1982, and as amended by the city council by ordinance on August 16, 1994, on file in the office of the city clerk. Provided, that the setback line may be amended in the event that the city, in its sole discretion, chooses to construct, or cause to be constructed, improvements which require a reduced area. (Ord. 1269 § 2, 1994; Ord. 921 § 2, 1982: prior code § 9300.4.9)

17.74.150 California Boulevard and San Luis Drive.

The map adopted by Ordinance 313, 1965 Series, is designated as the “Official Building Setback Line of California Boulevard and San Luis Drive,” said map being dated May 17, 1965. (Prior code § 9300.4.11)

17.74.160 South Higuera Street.

The map adopted by Ordinance No. 313, 1965 Series, is designated as the “Official Building Setback Line of South Higuera Street,” said map being dated June 7, 1965. (Prior code § 9300.4.12)

17.74.170 Higuera Street (Marsh to Madonna).

The official building setback line is established on the west side of Higuera Street from Marsh Street to Madonna Road, in accordance with the official map designated “Official Building Setback Line for South Higuera Street, between Marsh Street and Madonna Road,” dated September 7, 1965, as amended by the city council by ordinance on April 21, 1981, and as amended by the city council by ordinance on September 18, 2001, on file in the office of the city clerk. (Ord. 1399 § 2, 2001: prior code § 9300.4.13)

17.74.180 Santa Rosa Street (Monterey to Murray).

An official building setback line is established along both sides of Santa Rosa Street from Monterey Street to Murray Street and shall be forty-five feet from the centerline of the Santa Rosa Street. No person shall erect or construct, or cause to be erected or constructed, or begin to erect or construct any building, wall, fence, sign or other structure within the space between the setback lines described in this section, and the line of the street in front of the property on which the setback lines exist. (Prior code § 9300.4.14)

17.74.190 Higuera Street (Prado Road to south city limit).

An official building setback line is established along both sides of Higuera Street from Prado Road to the southerly city limits in accordance with the map dated January 20, 1969, on file in the office of the city clerk, and the line shall be forty-two feet from the centerline on both sides of Higuera Street. (Prior code § 9300.4.15)

17.74.200 Santa Rosa Street (Monterey to Marsh).

An official building setback line is established along both sides of Santa Rosa Street between Monterey Street and Marsh Street in accordance with the map dated January 20, 1969, on file in the office of the city clerk and the line shall be forty feet from the centerline on both sides of Santa Rosa Street. (Prior code § 9300.4.16)

17.74.210 Osos Street (Monterey to Higuera).

An official building setback line is established along both sides of Osos Street between Monterey Street and Higuera Street, in accordance with the official map dated November 3, 1969, on file in the office of the city clerk, and the line shall be twenty-nine feet from the centerline on both sides of Osos Street. (Prior code § 9300.4.17)

17.74.215 Santa Barbara Avenue (High Street to Broad Street).

An official building setback line is established at thirty-seven feet easterly of the existing centerline of Santa Barbara Avenue, from High Street to Broad Street (State Highway 227), along with seventeen-foot radius property returns at the High Street and Roundhouse Avenue intersections, in accordance with the map dated November 6, 2001, on file in the office of the city clerk. (Ord. 1401 § 2, 2001)

17.74.220 No new structures to be in setback area—Exceptions.

A. No building permit shall be issued for and no building or structure shall hereafter be erected or placed within the official building setback line of streets or highways established by this chapter, nor within the yard areas designated under Division 1 of Title 17 of this code, measured from the official setback lines established by this chapter, except as provided for under Section 17.74.230.

B. All buildings or structures as they are presently located and built along streets named in this chapter, and for which setback lines have been or are hereby established, are expressly excepted from the effects hereof. (Prior code § 9300.5)

17.74.230 Appeals from Section 17.74.220—Procedure.

A. The council, upon receipt of a recommendation from the city planning commission, shall hear and decide appeals for variances in the strict application of Section 17.74.220, or for the elimination of the setback ordinance from any property damaged thereby.

B. The owner of any property affected by established official building setback lines may appeal the strict interpretation of Section 17.74.220, or seek to be excluded from the effect thereof. The appeal shall be made in writing to the city planning commission.

C. In order to make a recommendation contrary to the provisions stated in Section 17.74.220, or to recommend that any property be completely excepted from the building setback line restrictions, the city planning commission must find:

1. That the property of which the official building setback line is a part of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit or exception therefrom;

2. That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized;

3. That the granting of the application is necessary for the preservation of substantial property rights.

D. Upon receipt of the report from the city planning commission, or upon expiration of sixty days from the time the applicant filed his or her appeal with the city planning commission, the council shall set a date for a public hearing thereon with notices as required by law. At the conclusion of the public hearings the council may grant the applicant a variance from the provisions of Section 17.74.220 or completely except the applicant’s land from the effect of the official building setback line.

E. In order to grant a variance or exception contrary to Section 17.74.220, the council must find:

1. That the property of which the official building setback line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit or exception; or

2. That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized; or

3. That the granting of the application is necessary for the preservation of substantial property rights.

F. If property which, by the appeal process, has been excepted from the official building setback line otherwise fronting thereon, is sought to be used for improvements which would have been prevented by the effect of the particular building setback line, no building permit shall be granted without the council having first been given sixty days within which it may choose, by resolution, to acquire such of the property as is necessary for future street widening purposes. If the council chooses not to acquire the property, the council shall then determine whether a permit should be granted the applicant. (Prior code § 9300.6)

17.74.240 Enforcement—Nonconforming buildings and structures declared unlawful and a nuisance—Abatement.

A. It shall be the duty of the city official vested with the authority of issuing building permits to enforce this chapter. The official shall not issue any such permit in conflict with the terms of this chapter, and any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

B. Any building or structure erected or moved contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance; and the city attorney shall, upon order of the council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure. (Prior code § 9300.7)