§ 10-4

For the purposes of this Article, certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.

"Building or Structure" shall be as defined by the Building Code of the City of Hayward, and shall also include retaining walls, 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, provided "Building or Structure" shall not include any building or structure as herein defined existing on the effective date of this Article, or to trees, agricultural crops, temporary off-street parking facilities not required by the City of Hayward, walks, or public utilities installed under authority of franchise.

"Precise Plan Line" shall mean a line defined by legal description, map or by distance in feet from the established centerline, or existing line or regularly established property. line, or surface and subsurface buildings and structures and adopted pursuant to procedures and requirements of this Article.

SEC. 10-4.20 - PRECISE PLAN LINES. INITIATION OF PROCEEDINGS.

Proceedings for the establishment of precise plan lines for future rights-of-way along any. portion of streets or planned streets in the City of Hayward may be initiated by the City Council, Planning Commission, or by petition.

A description of the streets or portions of the streets along which such precise plan lines are sought to be established, shall be given and shall be accompanied by a sketch or map showing the streets and lot line or lines and the proposed rights-of-way. lines, and the distance thereof from the established centerline, or existing line or regularly established property line, or surface and subsurface buildings and structures.

Before any action shall be taken by the City Council concerning proposed precise plan lines for future rights-ofway, said matter shall be referred to the Planning Commission and Department of Public Works for a report and recommendation. The Planning Commission shall hold at least one public hearing and shall give notice of time and place of said public hearing by publishing notice thereof at least once in a newspaper of general circulation published and circulated in the City, and by causing notices to be posted along the planned rights-of-way in front of each block where such precise plan lines are proposed to be established, and if any block is over five hundred (500) feet in length, such notice shall be posted not more than five hundred (500) feet apart along said planned rights-of-way.

Upon review of the report and recommendation of the Department of Public Works and completion of the hearing, the Planning Commission shall submit its report and recommendation to the City Council concerning said matter.

Upon receipt of a report and recommendation from the Planning Commission, and whenever the public peace, safety, comfort, convenience, interest or welfare may require, the City Council shall determine the minimum

distance back from the street line for the erection of buildings or structures along any portion of any street or planned street in the City of Hayward, and to order the establishment of a line to be known and designated as a precise plan line, between which line and the street line no building or structure shall be erected or constructed.

Before ordering the establishment of any precise plan lines authorized herein, the City Council shall pass a Resolution of Intention designating the precise plan line or lines proposed to be established, which Resolution shall be published once in a newspaper of general circulation, published and circulated in the City.

A copy of said Resolution shall be posted conspicuously along the streets in front of each block where such precise plan lines are proposed to be established; if any block is over five hundred (500) feet in length, a copy of said Resolution shall be posted not more than five hundred (500) feet apart along the streets where such plan lines are proposed to be established.

Said Resolution shall contain a notice of the day, hour and place when and where any and all persons having any objections to the establishment of the proposed precise plan line or lines, may appear before the City Council and present any objections which they may have to said proposed precise plan line or lines as set forth in said Resolution of Intention.

Said time for hearing shall be not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of the Resolution of Intention; and said publication and posting of said Resolution shall be made at least ten (10) days before the date of said hearing.

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed precise plan line or lines, any person having any interest in any land upon which said precise plan lines are proposed to be established, may file with the City Clerk a written protest or objection against the establishment of said precise plan line or lines designated in the Resolution of Intention.

Such protest must be in writing and delivered to the City Clerk not later than the hour set forth for said hearing; no other protest or objection shall be considered.

All opponents may appear before the City Council at said hearing in person or by counsel and be heard in support of their protest or objection.