Merced Municipal Code Ch. 12.04 Official Plan

For the purposes of this chapter, the following words shall be defined as follows:

A. "Official plan lines" means lines as indicated on a map of a precised section of a major street or highway, the distance between such lines indicating the right-of-way width as proposed for such major street or highway.

B. "Building setback lines" means lines as indicated on a map of a precised section of a major street or highway, and measured from the official plan lines the distance as is indicated on such map of official plan lines or the distance as is required by Title 2o and all subsequent amendments thereto.

(Prior code § 17A.2).

In order to conserve and promote the public health, safety and general welfare, an official plan of streets and highways is adopted in accordance with the Conservation and Planning Act, as now existing and as hereafter amended, as a part of the comprehensive general plan of the city.

(Prior code § 17A.1).

The official plan for major streets and highways and of other streets and traffic ways shall designate by precised sections of the major street and highway plan the proposed widths of rights-of-way, the location of buildings and other improvements with respect to existing or planned rights-of-way, the building line setbacks, the recommended treatment of major streets and highways and other streets and traffic ways.

(Prior code § 17A.3).

A. The official plan lines of streets and highways shall be established as particularly set forth on maps, each of which shall have the title of "Official Plan Lines Map, being a part of the Comprehensive General Plan of the City of Merced, California."

B. Such maps and all notations, information and data appearing thereon, (as adopted in the manner prescribed by law) shall by reference be incorporated and made a part of this chapter and shall constitute portions of this section, each of which maps shall be designated by section number "12.04.040(B)," followed by a number in parentheses.

(Prior code § 17A.4).

A. In the event of any annexation of any territory to the city, in which territory is contained, a street or highway upon which the official plan lines have been duly adopted in accordance with by the county, such official plan lines may be. adopted upon recommendation of the planning commission by action of the city council without public hearings.

B. Up on such adoption, such official plan lines shall become part of thus chapter and shall constitute portions of this section, each of which maps shall be designated by section number "12.04.050(8)," followed by a number in parentheses.

(Prior code § 17A.5).

In the event of the introduction of an amendment to this chapter for the purpose of adopting an official plan lines map, as provided for in this chapter, at a duly. constituted meeting of the city council, no permit shall be issued for any structure, not complying with the official plan lines map as proposed, on any property fronting, facing or located adjacent to such street as indicated on such proposed official plan lines map. In the event such amendment is not adopted, permits shall be issued immediately upon rejection of such amendment by the city council.

(Prior code § 17A.6).

All building setback lines (front yards) in R residential zones, as designated by Title 20, shall be measured from the official plan lines as set forth on maps on and after the effective date of such maps. Building setback lines as measured from the official plan lines shall be in the amount as designated from the respective zoning classifications in Title 20. Building setback lines as indicated on the official plan lines map shall be in the amount as indicated on such maps without regard to the zoning classification of the property in question.

(Prior code § 17A.7).

No building, structure or other improvements, whether publicly or privately owned, shall hereafter be erected, altered, moved in or placed within the official plan lines of streets and highways as adopted by this chapter, or closer to the street lines than the building setback line as determined by Title 20 or as established by map as provided in this chapter, and no permit or approval in any other manner therefor shall be issued by an official or employee of the city. Any permit or approval issued in violation of this chapter, unless approved by proper procedure for a variance as outlined in this chapter, shall be null and void. This section shall not apply to gardens or to other ordinary front yard uses, or to front yard fences or other more or less nonpermanent structures otherwise permitted under this code.

(Prior code § 17A.8).

The street and highway design of any subdivision of land falling under the provisions of the Subdivision Map Act of the state and other subdivision laws as may subsequently be adopted by the city shall be based upon the official plan of streets and highways as adopted by this chapter.

(Prior code § 17A.9).

The secretary of the planning commission shall record in the office of the county recorder a full, true and correct copy, duly attested, of all maps of the official plan lines which are hereafter added to this chapter.

(Prior code § 17A.10).

A. When practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter occur through a strict interpretation of the provisions of this chapter, the planning commission may in the manner provided in this chapter, upon the verified application of any property owner, grant such variance from the terms of this chapter it deems necessary to assure that its spirit and purpose will be observed, public safety and welfare secured, and substantial justice done.

B. The granting of such variance shall conform substantially to the following procedures and considerations:

1. Upon the filing of a verified application by a property owner, the planning commission shall hold a hearing not less than ten days nor more than thirty days after the filing of an application.

2. The planning commission shall give public notice of its intention to consider the granting of a variance not less than ten days before the date of such public hearing.

(Prior code § 17A.11).

Before any variance may be granted it shall be shown:

1. 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;

2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;

3. That the granting of the variance will not adversely affect the comprehensive general plan of the city, or result in material damage or prejudice to other property in the same vicinity.

(Prior code § 17A.12).

In recommending the granting of any variance under the provisions of this chapter, the planning commission shall:

A. Designate such conditions in connection therewith as will, in its opinion, result in the adjustment causing the minimum possible interference with the purposes of this chapter, and with the ultimate accomplishment of the objectives of the aforesaid official plan of streets and highways; and

B. Report its findings with respect thereto, and all facts in connection therewith to the city council and specifically set forth any adjustment or variance which is recommended and the conditions designated in connection therewith.

(Prior code § 17A.13).

A. The planning commission shall record its action by formal resolution and shall, within ten days thereafter, report the same to the city council.

B. Upon the completion of a public hearing the planning commission shall, not later than thirty days thereafter, render its decision on the matter so heard.

C. Failure of the planning commission to so act within thirty days shall serve to automatically and immediately thereafter refer the whole matter to the city council far such action as it deems warranted.

(Prior code § 17A.14).

Upon receipt of the planning commission report, the city council shall, by resolution, make its decision on either approving or rejecting the application for a variance. If the decision approves the granting of the variance, the permit applied for shall be issued, subject to the conditions designed by the planning commission, or such modifications thereof as the city council approves. In all cases, in which variances are granted, the city council shall require such guarantees, upon recommendation of the planning commission, as it may deem necessary in connection with the granting of such variance.

(Prior code § 17A.15).

Any permission granted by an application shall be null and void and automatically expire six months after its effective date, unless the use or construction petted is actually commenced within such time.

(Prior code § 17A.16).

A fee of twenty dollars shall be paid to the city upon the filing of each application for the purpose of defraying the expense of investigations, posting and other costs incidental to the proceedings prescribed in this chapter.

(Prior code § 17A.17).

The provisions of this chapter shall be applicable to any building, stature or property situated within the city, owned, leased, controlled, operated or occupied by the United States, the state, the county, the city, the city school district, or by any other public or quasi public agency, corporation or association.

(Prior code § 17A.18).