Fresno Municipal Code Art. 7 Official Plan Lines. Streets and Highways

The title of this article shall be the Fresno City Plan Line Ordinance.

(Orig. Ord. 3807; Am. Ord. 68-164, 1968).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 (commencing with Section 1-201) of Chapter 1, and in Section 7-602 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(a) "Building setback line" means the minimum distance as prescribed by ordinance between any official plan line or property line and the closest point to the foundation of any building or structure related thereto.

(b) "Official Plan Lines" means the future right-of-way line or plan lines of any street or highway as shown on the Official Plan of Streets and Highways for street use.

(c) "Commission" means the Planning Commission of the city.

(d) "Director" means the Director of Planning and Inspection of the city. (Orig. Ord. 3807; Am. Ord. 5310, 1958; Am. Ord. 5874, 1961; Am. Ord. 68-164, 1968).

(a) Official Plan of Streets. The Official Plan of Streets and Highways as heretofore adopted and amended is hereby affirmed and continued in force as a specific plan and part of the General Plan of the city.

(b) Specific Plans. Official plan lines shall be shown by the adoption of specific plans of streets and highways and other traffic ways in the city by designation on either maps, aerial photos of precise areas of the streets or the other documents which show proposed width of right-of-way. The official plan line document may include the location of buildings and other improvements with respect to existing or planned rights of way, building setback lines, and the recommended development for major streets and highways and other streets and traffic ways.

(c) Procedure. Whenever the Council, Commission, Director, or Director of Public Works recommends the adoption of a specific plan establishing, modifying, or repealing official plan lines, the Director shall set the time and place for a public hearing thereon before the Commission. Notice of the hearing on the specific plan shall be given by publication at least once in a newspaper of general circulation in the city. Such other notice shall be given as required by the Commission. The Commission shall hear the matter not less than ten days and not more than thirty days after receipt of the recommended plan. The Commission may amend any portion of the official plan lines shown on the recommended specific plan. The Commission may recommend adoption of the specific plan as recommended or as so amended, or may recommend disapproval of the plan. The hearing or decision of the Commission may be continued from time to time, but not for more than sixty days from the date first set for a public hearing on the plan. The recommendation of adoption, amendment, or disapproval of the Commission, together with the originally proposed plan, shall be referred to the Council for a final decision thereon. The Council shall set for hearing, notice, and decide the matter as provided by this section for action by the Commission, except that official plan lines shall be adopted and amended by ordinance. (Orig. Ord. 3807; Am. Ord. 5874, 1961; Am. Ord. 68-164, 1968).

The precise and specific maps, drawings, and plans of official plan lines consisting of:

(1) Ordinance Nos. 2369, 2406, 2484, 2628, 3315, 3316, and amended Resolution 1500 (adopted January 16, 1941) of the Council and former Commission of the city.

(2) Plan lines appearing in the Fresno County book of Precise Plans of Streets and Highways, which plan lines are in areas previously annexed to the city.

(3) The maps of plan lines appearing in the Official Plan Book, consisting of ninety-one maps are hereby adopted and made a part of this article as are official plan lines hereafter adopted. The Director shall keep a record of all ordinances and resolutions hereafter adopting specific plans of official plan lines and shall cause the maps or drawings thereof to be placed in the Department of Planning and Inspection in a place or volume designated "Official Plan Lines — City of Fresno." Whenever any plan line is hereafter amended, deleted, or moved, the Director shall cause such fact to be recorded upon the map or drawing of both the new and old plan line. The maps, drawings, and plans herein adopted and those hereafter placed in the place or volume designated as required above, as they may hereafter be amended, shall be prima facie evidence of the existence and legality of the Official Plan Lines designated thereon. (Orig. Ord. 3807, as amended; Am. Ord. 4956, 1956; Am. Ord. 5175, 1957; Am. Ord. 5310, 1958; Am. Ord. 5355, 1958; Am. Ord. 5820, 1960; Am. Ord. 5874, 1961; Am. Ord. 6056, 1962; Am. Ord. 6110, 1962; Am. Ord. 6132, 1962; Am. Ord. 6184, 1962; Am. Ord. 6202, 1962; Am. Ord. 6211, 1962; Am. Ord. 6236, 1963; Am. Ord. 6304, 1963; Am. Ord. 6330, 1963; Am. Ord. 6412, 1964; Am. Ord. 6427, 1964; Am. Ord. 6428, 1964; Am. Ord. 6440, 1964; Am. Ord. 6484, 1964; Am. Ord. 6521, 1964; Am. Ord. 6525, 1964; Am. Ord. 6526, 1964; Am. Ord. 6609, 1965; Am. Ord. 6619, 1965; Am. Ord. 6675, 1965; Am. Ord. 6676, 1965; Am. Ord. 6678, 1965; Am. Ord. 6877, 1966; Am. Ord. 6887, 1966; Am. Ord. 6916, 1966; Am. Ord. 6935, 1967; Am. Ord. 68-71, 1968; Am. Ord. 68-116, 1968; Am. Ord. 68-117, 1968; Am. Ord. 68-136, 1968; Am. Ord. 68-164, 1968).

(a) All official plan lines duly adopted by the County of Fresno affecting property which is or was annexed to the City of Fresno after July 31, 1958, shall continue in effect as official plan lines of the City of Fresno until amended or rescinded by ordinance adopted by the Council of the City of Fresno, except that the official plan lines on Chestnut Avenue between East Holland Avenue and a point one hundred feet north of East Santa Ana Avenue are not so adopted and continued in effect.

(b) The plan lines adopted by the County of Fresno prior to annexation of property affected thereby to the city are hereby continued in effect as official plan lines of the city. (Orig. Ord. 3807, as amended; Am. Ord. 5311, 1958; Am. Ord. 5407, 1958; Am. Ord. 5895, 1961; Am. Ord. 6211, 1962; Am. Ord. 6236, 1963; Am. Ord. 68-164, 1968).

In the event of the setting of a hearing before the Commission for the purpose of adopting an official plan line map as herein provided for, no permit shall be issued for any structure not complying with the official plan line map as proposed on any property fronting, facing, or located adjacent to such street as indicated on said proposed map for a period of ninety days, or until the Council has acted upon the matter whichever is earliest. (Orig. Ord. 3807; Am. Ord. 5311, 1958; Am. Ord. 68-164, 1968).

All building setback lines as designated by Chapter 12 of this Code, shall be measured from the official plan lines as set forth on maps on and after the effective date of said maps. Building setback lines as measured from the official plan lines shall be in the amount as designated for the respective zoning classifications in said Chapter 12. Building setback lines indicated on an official plan line map shall be in the amount as indicated on said maps without regard to the zoning classification of the property in question and shall pre-empt the latter. In the absence of an official plan line, the building setback line shall be measured from the property line. (Orig. Ord. 3807; Am. Ord. 68-164, 1968).

(a) Buildings. No building, structure, or other improvement other than landscaping or paving, whether publicly or privately owned, shall hereafter be erected, altered in any manner, moved in or placed within the official plan lines of streets and highways as adopted pursuant to or by this article, or closer to the street lines than the building setback lines as determined by the zoning ordinance or as established by map approved by the city, and no permit or approval therefor shall be issued by any official or employee of the city, except that alterations or signs on existing structures which do not enlarge the sign or the structure by adding to, enlarging or extending said structure into the area lying between the existing street property line and the official plan line may be approved.

(b) Minor Structures. This section shall not apply to gardens or to other yard uses, or to yard fences or non-permanent structures otherwise permitted under this Code. (Rep. and Added Ord. 68-164, 1968).

The street and highway design of any division of land falling under the provisions of the Subdivision Map Act or parcel map requirements of the State of California or the city shall be based upon and conform to any applicable official plan lines. (Orig. Ord. 3807; Am. Ord. 68-164, 1968).

The Director shall record in the office of the County Recorder of the County of Fresno a full, true, and correct copy, duly attested, of all maps of the official plan lines which are hereafter added to this article. (Orig. Ord. 3807; Am. Ord. 5310, 1958; Am. Ord. 68-164, 1968).

(a) Any property owner may be granted a variance from the terms of this article by the allowance of an encroachment into the building setback area on his property.

(b) The variance shall be granted only upon the procedures, terms, and conditions in Sections 12-405 and 12-406 of this Code, to the extent applicable. (Rep. and Added Ord. 68-164, 1968).

Any permission granted by a variance shall be null and void and shall automatically expire six months after its effective date, unless the use or construction permitted is actually commenced within said time. (Rep. and Added Ord. 68-164, 1968).

The fee designated in the Master Fee Resolution shall be paid to the city upon the filing of each application for the purpose of defraying the expenses of investigations, posting, and other costs incidental to the variance proceedings prescribed herein. (Rep. and Added Ord. 68-164, 1968; Am. Ord. 80-115, § 121, eff. 8-8-80).

The provisions of this article shall be applicable to any building, structure, or property situated within the city, which is owned, leased, controlled, operated, or occupied by the United States, the State of California, the County of Fresno, the City of Fresno, Fresno City Unified School District, the Fresno Irrigation District, or by any other public or quasi-public agency, corporation, or association. (Rep. and Added Ord. 68-164, 1968).