Milpitas Municipal Code Ch. 200 Plan Lines

In order to promote, coordinate and secure orderly, efficient, economical and consistent development plans and improvements, plan lines for the reservation of future rights-of-way are hereby adopted for the purpose more particularly set forth as follows:

1.01-1 To assist in providing a definite plan of development for the City of Milpitas and to guide, control and regulate the future growth of said City in accordance with the Master Plan.

1.01-2 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-3 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-4 To reserve areas for future widening, extension or creation of streets or space for future utilities, pedestrian ways, vision clearance, fire and police emergency access, access to property and for other essential public services.

1.01-5 To prevent deterioration of property values and impairment of conditions for desirable residential, commercial, industrial, institutional or public development which would result from the lack of plans designed to promote orderly, harmonious and beneficial development of the City and all areas thereof.

(Ord. 97 (part), 11/7/61)

This Chapter is enacted pursuant to the authority and procedures set forth in Section 65800 et. seq of the Government Code of the State of California.

(Ord. 97 (part), 11/7/61)

For the purposes of this Ordinance, 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.

(Ord. 97 (part), 11/7/61)

The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words in the singular number include the plural and vice versa; and the word "shall" is mandatory and not directory; the word "lot" includes the word "plot"; the word "City Council" as used herein, shall mean the City Council of the City of Milpitas; the word "Commission" or "Planning Commission" shall mean the Planning Commission of the City of Milpitas, California; the word "City" shall mean the City of Milpitas, California. Unless otherwise indicated, reference in this chapter to whole numbers of sections includes all of the decimal numbered paragraphs listed under such whole number section; i.e., a reference to Section 1.00 includes Sections 1.01, 1.01-1 where the same are applicable.

(Ord. 97 (part), 11/7/61)

A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

(Ord. 97 (part), 11/7/61)

The officer charged with the administration and enforcement of the Building Code of the City of Milpitas, or his regularly authorized deputy.

(Ord. 97 (part), 11/7/61)

A line defined by legal description, may 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 this Chapter. Plan lines are in the nature of building or structure set back lines.

(Ord. 97 (part), 11/7/61)

A natural person, a firm, partnership or corporation, the state or political subdivision thereof.

(Ord. 97 (part), 11/7/61)

Anything constructed, erected, maintained or located over, upon, across, in or under ground including, but not limited to retaining walls, stairways, required off-street parking facilities, any well, whether for water, oil or other hydrocarbon products and any underground storage facilities, provided the term "structure" shall not include any public utilities installed under authority or franchise.

(Ord. 97 (part), 11/7/61)

The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 97 (part), 11/7/61)

Nothing contained in this Chapter is intended to repeal any other ordinance of the City of Milpitas or portion of the Milpitas Municipal Code.

The provisions and requirements contained in this Chapter shall be in addition to such other provisions as are heretofore made or hereafter made relating to building set back lines or plan lines in any other ordinance of the City of Milpitas or in the Milpitas Municipal Code.

(Ord. 97 (part), 11/7/61)

When any plan line has been established along any street, highway, freeway or alley in the City of Milpitas, no person shall erect, enlarge, remodel or alter any building or structure or thing between said plan line and street, highway, freeway or alley along which it is located.

(Ord. 97 (part), 11/7/61)

The City Council shall be empowered to authorize the execution of a written agreement between the City of Milpitas and any person, authorizing said person, by way of a limited and conditional license, to erect, construct, maintain, locate, move, convert, extend, enlarge, remodel or alter any building or structure or thing between a plan line and the street, highway, freeway, or alley along which it is located for such periods of time and upon such conditions as the Council shall determine including, but not limited to, appropriate provision for the protection of the City, and others, guarantees by bond, or otherwise, of the faithful performance of said agreement by said person and the termination, suspension or revocation of the authority granted by said agreement.

Upon the termination, suspension or revocation of said agreement, all authority therein granted to said person shall immediately cease and terminate.

(Ord. 97 (part), 11/7/61)

There are hereby established and reestablished within the City of Milpitas, plan lines along certain streets, highways, freeways and alleys or portions thereof, as hereafter set forth.

(Plan lines not codified)

(Ord. 97 (part), 11/7/61)

It shall be the duty of the City Manager to enforce this Chapter. All departments, officials and public employees of the City of Milpitas vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter; and any such permit or any business license issued in conflict with the provisions of this Chapter shall be null and void.

(Ord. 97 (part), 11/7/61)

See I-1-4.09-1

(Ord. 97 (part), 11/7/61)

The use of any land, building or structure or the erection, maintenance, location, construction, moving, conversion, extension, enlargement, remodeling or alteration of any building or structure contrary to the provisions of this Chapter shall be and the same is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

(Ord. 97 (part), 11/7/61)

Whenever any work is being done contrary to the provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing of such work or in the causing of such work to be done, and any such person shall forthwith stop such work until authorized in writing by the Building Official to proceed with such work.

(Ord. 97 (part), 11/7/61)

In order to more precisely define any plan line heretofore or hereafter adopted under this Chapter for engineering purposes, the City Engineer shall prepare in large scale suitable for engineering work any plan line heretofore or hereafter adopted under this Chapter. The City Engineer shall prepare, maintain and make available for inspection or purchase through the office of the City Manager, large scale blueprints of any plan line heretofore or hereafter adopted under this Chapter. Said engineering drawings shall be available for purchase at a cost of $1.00 per sheet from the office of the City Manager. Reference is hereby made to the engineering drawings available for inspection or purchase through the office of said City Manager for large scale drawing and definition of said plan line.

(Ord. 97.6, 5/5/68)