Campbell Municipal Code Ch. 11.20 Plan Lines

It is the object and purpose of this chapter to accomplish fully the purposes of the master plan of streets and highways for the city, adopted by Resolution 69, wherein provisions are made for the establishment of plan lines along any street, highway or portion thereof, so as to regulate the distance from the street or highway line which buildings, structures or improvements may be erected, constructed, established or maintained.

(Prior code § 9400).

There have been adopted certain official plan lines maps of the city, which maps are as follows:

(1) Official Plan Lines Map of San Tomas Boulevard, which map was adopted as a part of Ordinance 87 on the twenty-first day of November, 1955;

(2) Official Plan Lines Map of Hamilton Avenue which map was adopted as a part of Ordinance 96 on the seventh day of May, 1956; and

(3) Official Plan Lines Map of Campbell Avenue, which map was adopted as a part of Ordinance 122 on the twenty-eighth day of January, 1957;

(4) Official Plan Lines Map of Winchester Road between north city limits and Hamilton Avenue, which was adopted as a part of Ordinance 316 on the twenty-seventh day of February, 1961.

(Prior code § 9401).

No building, structure or other improvements shall hereafter be erected or placed within any official plan line, except that this provision shall not apply to lawns, crops, planting, shrubbery and the like; or such ordinary front yard fences and nonpermanent structures, which in the opinion of the city planning commission, will not defeat the purposes of this chapter.

(Prior code § 9402).

Hereafter the city council when it finds it to be in the public interest, may establish additional plan lines along any street, highway or portion thereof. Establishment of such plan lines shall be by ordinance and shall designate the street, highway or portion thereof along which plan lines are sought to be established.

(Prior code § 9403).

The city, upon the recommendation of the city planning commission, shall have power to grant adjustments or variances in the strict application of the provisions of Section 11.20.030 of this chapter, in cases in which the strict application of such provisions would result in serious impairment of substantial property rights, in accordance with the following procedure:

(1) Application for any adjustment or variance permissible under the provisions of this section shall be made to the city planning commission and shall include an application for a permit to erect or place the building, structure or other improvements. A filing fee of fifteen dollars shall accompany each application;

(2) Upon the receipt of such application the city planning commission shall hold one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. At the hearing the applicant shall present a statement and adequate evidence, in such form as the city planning commission may require, showing:

(A) That there are special circumstances or conditions attached to the property upon which the proposed building, structure or other improvement is sought to be erected or placed;

(B) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(3) The city planning commission shall make its decision to the city council within thirty days after the receipt of the application by the secretary of the city planning commission. In recommending the granting of any adjustment or variance under the provisions of this section the city planning commission shall designate such conditions in connection therewith as will, in its opinion, result in the adjustment or variance causing the minimum possible interference with the purposes of this chapter and with the ultimate accomplishment of the objectives of the Master Street and Highway Plan of the city;

(4) In reporting its decision to the city council, the planning commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth any adjustment or variance which is recommended and the conditions designated in connection therewith;

(5) Upon receipt of such report the city council shall by resolution make its decision upon the aforesaid application. If such decision shall approve the granting of an adjustment or variance the permit applied for shall be issued, subject to the conditions designated by the city council and the city planning commission. In all cases in which adjustments or variances are granted under the provisions of this section the city council shall require such evidence and guarantee as it may deem necessary that the conditions designated in connection with such adjustment or variances are being and will be complied with.

(Prior code § 9404).

The city clerk is instructed to cause to be recorded in the office of the county recorder of the county of Santa Clara a full, true and correct copy duly attested, of each and every official plan lines map adopted as a part of any ordinance of the city.

(Prior code § 9404).