Chapter 7.68


7.68.010    Purpose.

7.68.020    Definitions.

7.68.030    Initiation.

7.68.040    Planning Commission report and recommendation.

7.68.050    Public hearing.

7.68.060    Resolution of intention.

7.68.070    Publication and posting of resolution.

7.68.080    Hearing—Time limit.

7.68.090    Filing of protest.

7.68.100    Action by City Council.

7.68.110    Effect of right-of-way line.

7.68.120    Nonconforming structures.

7.68.130    Variance procedure.

7.68.140    Yard requirements—Additional.

7.68.150    Previously established right-of-way lines.

7.68.010 Purpose.

A right-of-way line study may be established by the City Council as provided herein for the purpose of reserving areas for future widening, extension, or creation of streets, highways, or space for future utilities, pedestrian ways, fire and police emergency access, access to property, and all public rights-of-way. (Ord. 44-87 § 2)

7.68.020 Definitions.

For the purpose of this chapter, “building” or “structure” shall be as defined by the building code of the city in Chapter 7.32, and shall also include stairways, required off-street parking facilities, any well, whether for water, oil, or other hydrocarbon products, and any underground storage facilities in excess of one thousand (1,000) gallon capacity. “Building” or “structure” shall not include any building or structure existing on the effective date of the ordinance codified in this chapter, any public utility installed under authority of franchise, or any fence. (Ord. 44-87 § 1)

7.68.030 Initiation.

A right-of-way line may be initiated by:

A.    The verified petition of one (1) or more owners of property affected by the proposed right-of-way lines, which petition shall be filed with the Planning Commission and shall be accompanied by a fee in an amount set forth by the City Council by resolution. Every petition shall be accompanied by a description of the streets or portions of the streets along which such right-of-way lines are sought to be established, a map or sketch showing the streets and relation of the proposed right-of-way lines thereto, and such other plans and specifications necessary to show the proposed use of the area affected thereby; or

B.    Resolution of the City Council; or

C.    Resolution of the Planning Commission. (Ord. 44-87 § 3)

7.68.040 Planning Commission report and recommendation.

Before any action shall be taken by the City Council as provided in Section 7.68.100 hereof, the proposal shall be referred to the Planning Commission and the City Engineer for report and recommendation. (Ord. 44-87 § 4)

7.68.050 Public hearing.

The Planning Commission shall hold at least one (1) public hearing on any proposed right-of-way line and shall give notice of the time and place of such public hearing by publishing notice thereof at least once and by causing notices of the hearing to be posted along a line as near as possible to the planned right-of-way where such right-of-way lines are proposed to be established at not more than three hundred (300) feet in distance apart, but not less than three (3) in all. Such publication and posting shall be accomplished at least five (5) days prior to the date fixed for said hearing. Upon review of the report and recommendation of the City Engineer and completion of the hearing, the Planning Commission shall submit its report and recommendation to the City Council. (Ord. 44-87 § 5)

7.68.060 Resolution of intention.

Upon receipt of a report and recommendation from the Planning Commission, but before determining and establishing any right-of-way lines, the City Council shall pass a resolution of intention designating the right-of-way lines proposed to be established. The resolution shall contain a description of the property affected and a notice of the hour, day, and place when and where any and all persons objecting to the establishment of the proposed right-of-way lines may appear before the City Council and object thereto. (Ord. 44-87 § 6)

7.68.070 Publication and posting of resolution.

Such resolution described in Section 7.68.060 shall be published or posted at those places where the Council agendas are posted once at least ten (10) days before the date of the hearing of objections to the proposal. A copy of the resolution shall be posted along the street or streets in front of each block where such right-of-way lines are proposed to be established at not more than three hundred (300) feet in distance apart, but not less than three (3) in all. Posting shall be accomplished at least ten (10) days before the date of the hearing of objections to the proposal. (Ord. 44-87 § 7)

7.68.080 Hearing—Time limit.

The time for hearing objections to such proposal shall be not less than fourteen (14) nor more than thirty-five (35) days from the date of the adoption of the resolution of intention described in Section 7.68.060. (Ord. 44-87 § 8)

7.68.090 Filing of protest.

At any time not later than the hour set for hearing objections to the establishment of the proposed right-of-way line, any person having any interest in any land upon which said right-of-way lines are proposed to be established may file with the City Clerk a written objection to the establishment of said right-of-way lines. (Ord. 44-87 § 9)

7.68.100 Action by City Council.

At the time set for hearing, or at any time to which the hearing may be continued, the City Council shall proceed to hear and pass upon all protests or objections filed pursuant hereto its decision shall be final and conclusive. The City Council may sustain any objections and abandon such proceeding, deny any and all objections and by ordinance establish said right-of-way lines described in the resolution, or it may deny any and all objections and by ordinance establish such right-of-way lines with such changes and modifications as it shall determine to be proper. The ordinance establishing right-of-way lines shall be recorded by the City Clerk with the County Recorder. (Ord. 9-91 § 9; Ord. 44-87 § 10)

7.68.110 Effect of right-of-way line.

Whenever any ordinance establishing any right-of-way line or lines shall become effective, it shall thereafter be unlawful for any person, firm, partnership, corporation, or other entity to construct or erect any building or structure within the right-of-way established by the newly established right-of-way line. (Ord. 44-87 § 11)

7.68.120 Nonconforming structures.

Existing buildings or structures nonconforming to the requirements of established right-of-way lines shall not be altered or enlarged in any manner. (Ord. 44-87 § 12)

7.68.130 Variance procedure.

A.    Variance may be granted from the provisions of this chapter where unnecessary or unusual hardship is shown and where such variance will not defeat the purposes of the right-of-way lines established by this chapter; provided, that the applicant waives all claims for compensation and damages caused by the taking of any property affected by such a variance pursuant to the exercise of the right of eminent domain or any other right of this city or any other action.

B.    The provisions governing the procedure for variances and appeals from the zoning ordinance of the city shall apply to the procedures for variances and appeals from the provisions of this chapter. (Ord. 44-87 §§ 13, 14)

7.68.140 Yard requirements—Additional.

Yard and other requirements of the zoning ordinance shall be separately applied as requirements additional to right-of-way line requirements required herein. All yards, setbacks, and such regulations of the zoning ordinance of the city shall be measured from the established right-of-way lines herein. Notwithstanding any provision to the contrary, however, that portion of any parcel that lies between established right-of-way lines shall be considered as part of the lot area when determining the number of dwelling units that may be placed on a parcel or the percentage of lot area that may be covered by buildings or structures. (Ord. 44-87 § 15)

7.68.150 Previously established right-of-way lines.

The following right-of-way lines have previously been established by ordinance prior to the adoption of this ordinance, and the provisions of this chapter governing the establishment of right-of-way lines shall not apply to these previously-established right-of-way lines:

Dougherty Road. From Scarlett Court north to Sierra Lane five (5) feet easterly of the existing easterly right-of-way line. From Sierra Lane to a point approximately one thousand (1,000) feet northerly of Amador Valley Blvd., fifty-five (55) feet as measured from and on each side of the existing centerline. From said point northerly to the Alameda County/Contra Costa County boundary on a curvilinear alignment to a maximum of one hundred forty-five (145) feet westerly of and one hundred sixty (160) feet easterly of the centerline of the existing roadway as shown on the map labelled “Dougherty Road Future Width Lines, Exhibit A, November 29, 1971” on file with the Alameda County Planning Commission.

Dublin Boulevard. From Silvergate Drive easterly to Village Parkway, fifty (50) feet as measured from and on each side of the existing centerline.

Dublin Boulevard. From Village Parkway easterly to Clydesdale Road, eighty-three (83) feet northerly of the existing southerly right-of-way line and seventeen (17) feet southerly of the existing southerly right-of-way line.

Dublin Boulevard. From Keegan Street to Fallon Road.

Dublin Boulevard. From Fallon Road to the eastern city limit.

Fallon Road. From a future planned intersection at Tassajara Road to a point approximately one thousand five hundred (1,500) feet southeast of the intersection.

Fallon Road. From Bent Tree Drive to I-580.

St. Patrick Way. From Golden Gate Drive to Regional Street.

Tassajara Road. From Shadow Hills Drive to the Alameda County-Contra Costa County line. (Ord. 10-19 § 2; Ord. 19-05 § 2; Ord. 21-04 § 2; Ord. 19-03 § 2; Ord. 44-87 § 16)