Chapter 13.16
PLAN LINE REGULATIONS
Sections:
13.16.030 Construction or enlargement of improvements prohibited.
13.16.040 Conformance of licenses, permits and provisions—Declared null and void when.
13.16.050 Hearing—Publication and manner of sending notices.
13.16.060 Submission of planning commission’s recommendation to City Council.
13.16.070 Hearing by City Council—Rejection or adoption of plan.
13.16.080 Amendments or rescission of plan line maps.
13.16.090 Incorporation of maps into chapter.
13.16.100 Map identification and certification.
13.16.140 Agreement for removal of buildings or other improvements.
13.16.010 Purpose.
It is the purpose of the provisions of this chapter to protect and promote the public health, safety, peace, comfort or general welfare and specifically to provide for the systematic execution of the circulation element of the comprehensive plan for the city, by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way. This division is adopted pursuant to Sections 65450 to 65506, inclusive, of the Government Code. (Prior code § 19A.2).
13.16.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) "Map" means an illustration, including a drawing, aerial photograph or photomap, accurately indicating the precise location of a planned right-of-way or portion thereof;
(2) "Official plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway or any other type of public way, which planned right-of-way is based on the comprehensive plan for the city;
(3) "Right-of-way" means all or any part of the entire width of a road, street or highway easement, whether or not such entire area is actually used for road, street or highway purposes. (Prior code § 19A.1).
13.16.030 Construction or enlargement of improvements prohibited.
No building, structure or other improvement shall hereafter be erected, constructed, enlarged or placed within the official plan lines established by this chapter or amendments thereto, except that this section shall not apply to garden and agricultural crop planting, or fences and agricultural irrigation systems in connection therewith, street, curb, gutter and sidewalk improvements, public utility poles, pipelines or a temporary building or structure having a value of not more than one thousand dollars. Provided, however, that prior to the construction of any temporary building or structure the owner of the property on which it is to be located shall execute an agreement with the city in accordance with the provisions of Section 13.16.140. (Prior code § 19A.3).
13.16.040 Conformance of licenses, permits and provisions—Declared null and void when.
All departments, officers and employees of the city vested with the duty of authority to issue permits, licenses or grant approval of the subdivision of land shall conform to the provisions of this chapter and shall issue no such permit, license or approval for uses, buildings, structures or subdivisions where the same would be in conflict with the provisions of this chapter. Any such permit, license or approval shall be null and void if issued in conflict with the provisions of this chapter. (Prior code § 19A.4).
13.16.050 Hearing—Publication and manner of sending notices.
Before any official plan line is adopted by the City Council, the planning commission shall hold a public hearing. Notice of the time and place of such hearing shall be given by publication of a notice thereof once in a newspaper of general circulation in the city at least ten days before the hearing and by mailing a notice thereof to the owners of all property abutting on or included within the proposed official plan lines using addresses from the last adopted tax roll of the county assessor. (Prior code § 19A.5).
13.16.060 Submission of planning commission’s recommendation to City Council.
After the public hearing, the planning commission shall submit its recommendation to the City Council which shall be by resolution carried by affirmative votes of not less than a majority of its total voting members. The recommendation shall be accompanied by a statement of the planning commission’s reasons for such recommendation. (Prior code § 19A.6).
13.16.070 Hearing by City Council—Rejection or adoption of plan.
Upon receipt of the planning commission’s recommendation, the City Council shall set the matter for a public hearing and shall give notice of such hearing in the same manner as that provided herein for hearings by the planning commission. After the hearing the City Council may either reject or adopt the official plan line as submitted. The City Council shall not make a change in any proposed or existing official plan line until the proposed change has been referred to the planning commission for a report and a copy of the report has been filed with the City Council. Failure of the planning commission to report within forty days after transmittal shall be deemed to constitute approval of the change. (Prior code § 19A.7).
13.16.080 Amendments or rescission of plan line maps.
Official plan line maps may be amended or rescinded in the same manner as that provided for their original adoption. (Prior code § 19A.8).
13.16.090 Incorporation of maps into chapter.
Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall, upon adoption by resolution of the City Council, be considered a part of this chapter and shall be incorporated in this chapter as though set forth in full herein. (Prior code § 19A.9).
13.16.100 Map identification and certification.
Each map adopted pursuant to the provisions of this chapter shall be designated:
"OFFICIAL PLAN LINES OF (here shall be inserted the name of the street or highway) BETWEEN (here shall be inserted the names of the streets or other appropriate places which identify the point of commencement and ending of the particular official plan line)."
Each map shall have the following certificates which may either be placed directly on the map or attached to it:
"I hereby certify that this map (or, the map attached hereto), consisting of ________ sheets, constitutes a precise plan based on the Circulation Element of the Comprehensive Plan of the City of Menlo Park, adopted by the City Council by Resolution No.________ on__________________________.
City Engineer ___________________
"I hereby certify that this map (or, the map attached hereto), consisting of ________ sheets, constitutes a part of Chapter 13.16 of the Menlo Park Municipal Code.
____________________________
City Clerk of the
City of Menlo Park
(SEAL)" (Prior code § 19A.10).
13.16.110 Filing maps.
The City Clerk shall cause all maps adopted pursuant to this chapter and amendments thereto, together with all data and information indicated thereon, to be filed with the office of the county recorder. (Prior code § 19A.11).
13.16.120 Variances — Grounds.
Applications for variances from the terms of this chapter may be made when all the following circumstances are found to apply:
(1) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships;
(2) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property; and
(3) The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the comprehensive plan of the City. (Prior code § 19A.12).
13.16.130 Variance procedure.
The procedure to be followed in applying for, giving notice of and granting such variances shall be that set forth in the Zoning Ordinance. The fees charged shall be the same as that for zoning variance applications. (Prior code § 19A.13).
13.16.140 Agreement for removal of buildings or other improvements.
A variance shall be granted only upon the condition that the owner of the property shall execute an agreement with the City, wherein the owner agrees to remove such building, structure or other improvements at his own expense upon the acquisition by the City of an easement in and across his property for street purposes. The agreement shall include such other conditions as the planning commission deems reasonable to carry out any of the provisions of this chapter, including, but not limited to, a time limitation and the requirement that the property owner post a surety bond in such amount as may be fixed by the City Council guaranteeing faithful performance of the terms and conditions of the agreement, including a covenant to remove the building, structure or other improvements at his own expense or in the event of his failure so to do, authorizing removal by the City and making the cost thereof a lien on such property. Such agreement shall be recorded. (Prior code § 19A.14).