Brisbane Municipal Code Ch. 12.06 Plan Lines for Rights-of-Way

For the purpose of this chapter, "building" or "structure" shall be as defined by the Uniform Building Code adopted by the city and shall also include stairways, fences, required off-street parking facilities and any well, whether for water, oil or other hydrocarbon products.

(Ord. 361 § 1(part), 1991).

Right-of-way lines 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 to property, and all public rights-of-way.

(Ord. 361 § 1 (part), 1991).

The establishment of right-of-way lines 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; or

B. Resolution of the city council; or

C. Resolution of the planning commission.

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.

Prior to the establishment of any right-of-way line(s), an analysis of the potential environmental impact(s) of the proposed right-of-way line(s) shall be prepared consistent with the requirements of the California Environmental Quality Act.

(Ord. 361 § 1(part), 1991).

Before any action shall be taken by the city council as provided in Section 12.06.110, the proposal shall be referred to the planning commission and the department of public works for report and recommendation.

(Ord. 361 § 1(part), 1991).

The planning commission shall hold at least one (1) public hearing on any proposed right-of-way lines and shall give notice of the time and place of said public hearing by posting notice thereof in at least three (3) public places in the city 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. Notices shall be placed not more than three hundred (300) feet apart in distance, and not less than three (3) in all should be posted. Notice shall also be sent by first class postage prepaid mail to all owners of record as listed on the last equalized assessment roll of property where the right-of-way lines are to be located. The posting in three (3) public places and noticing along right-of-way line shall be completed at least five (5) days prior to the date fixed for said hearing. At completion of the hearing, public works and the planning commission shall submit their report and recommendation to the city council.

(Ord. 361 § 1(part), 1991).

Upon receipt of a report and recommendation from public works and 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.

(Ord. 361 § 1(part), 1991).

The resolution of intention 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. 361 § 1(part), 1991).

The resolution of intention described in Section 12.06.060 shall be posted in at least three (3) public places in the city at least ten (10) days before the date of the hearing of objections to the proposal. A copy of the resolution shall be noticed by posting along the street or streets in front of each block where such right-of-way lines are proposed to be established. Notices along the street shall be placed not more than three hundred (300) feet apart in distance, and not less than three (3) notices in all shall be posted. Posting along the street shall be accomplished at least ten (10) days before the date of the hearing of objections to the proposal. Notice shall be sent by first class postage prepaid mail to all owners of record as listed on the last equalized assessment roll of property where the right-of-way lines are to be located.

(Ord. 361 § 1(part), 1991).

At the same time as passing the resolution of intention the council shall include in the resolution the date set for hearing objections. The time for hearing objections to the proposed right-of-way lines shall be not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of the resolution of intention described in Section 12.06.060.

(Ord. 361 § 1(part), 1991).

At any time prior to the hour set for hearing objections to the establishment of the proposed right-of-way lines, any person having any legal or equitable 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. 361 § 1(part), 1991).

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 to this chapter. At the conclusion of the hearing, the city council may:

A. Deny any/or all objections and, by ordinance, establish the right-of-way lines described in the resolution; or

B. The council may sustain any and/or all objections and, by ordinance, establish the right-of-way lines with such changes and modifications as the council deems proper.

(Ord. 361 § 1(part), 1991).

Whenever any ordinance establishing any right-of-way lines becomes effective, it shall, thereafter, be unlawful for any person, firm or corporation to construct, erect, expand or enlarge any building or structure within the area established between the right-of-way lines so delineated.

(Ord. 361 § 1(part), 1991).

After the adoption of the resolution of intention described in Section 12.06.060, no building permit shall be issued for the construction, expansion, enlargement or erection of any building or structure or any part thereof between any proposed or established right-of-way lines. The term "building" or "structure" shall not include any public utility infrastructure installed by authority of the city through a franchise agreement or otherwise.

(Ord. 361 § 1(part), 1991).

Existing buildings or structures nonconforming to the requirements of established right-of-way lines may be reasonably maintained as determined by the planning director but shall not be altered or enlarged in any manner and no building permit or other approvals shall be granted to accomplish an alteration or enlargement.

(Ord. 361 § 1(part), 1991).

An exception to the provisions of Sections 12.06.120 and 12.06.130 may be granted by the city, through the public works director, upon written application in those cases where unnecessary, unreasonable or unusual hardship is shown and where the exception will not defeat the purposes of the right-of-way lines established by this chapter; provided, however, that the applicant, in consideration of the granting of the exception, shall first waive, in writing, which writing shall be recorded against the property, all claims for compensation and/or damages caused by the taking by the city of any property or damages of any building or structure required for purposes of utilizing the area established by the right-of-way lines for the right-of-way purposes.

(Ord. 361 § 1(part), 1991).

The procedure governing appeals of any grant or denial of an exception shall be the same as that set forth for appealing variances found in Title 17 of this code.

(Ord. 361 § 1(part), 1991).

Zoning setback requirements for yards and other requirements of Title 17 of this code shall be applied by measuring from the right-of-way lines which are established pursuant to this chapter. For purposes of determining the number of dwelling units that may be placed on any lawful parcel in the city, portions of land comprising the parcel situated between right-of-way lines established pursuant to this chapter may be counted for purposes of establishing total square footage of the parcel.

(Ord. 361 § 1(part), 1991).

If, for any reason, establishment of right-of-way lines pursuant to this chapter prevents an existing legal parcel in the city from meeting the requirements of Title 17, the owner of the parcel may apply for a variance pursuant to the provisions of Title 17.

(Ord. 361 § 1(part), 1991).