Monterey Municipal Code Art. 2 Official Plan Lines

The purpose of this Article is to protect and implement the Master Street and Highway Plan adopted by the City. Such Street and Highway Plan is adopted for the following purposes:

a.To serve as a general guide for the development of streets and highways.

b.To promote the public welfare, safety and convenience.

c.To provide a comprehensive guide for capital outlay on streets and highway improvements in the city.

d.To provide an authentic source of information for residents and investors in the City.

e.To obviate the menace to the public safety and the damage to property values resulting from inadequate provisions of traffic thoroughfares.

a. Action by Planning Commission.In order to adopt an official Plan Line Map, the Planning Commission shall be in receipt of such map from the City Engineer and shall hold at least two (2) public hearings thereon. At least five (5) days prior to such hearings, notice thereof shall be mailed to all property owners of real property within the proposed right-of-way area, as such owner’s name and address appear on the last equalized assessment roll of the City, or, if the address is not known, to General Delivery, Monterey, California; provided that the failure to give such notice by mailing or of the person addressed to receive the same, shall not affect the jurisdiction of the Planning Commission to proceed with the hearing notice. Not less than five (5) days before such hearing, notice of such hearing shall be published at least once in the official newspaper of the City. The Planning Commission shall submit its findings, in writing, to the City Council.

b. Action by City Council.Upon receipt of the report from the Planning Commission, the City Council shall set a date for at least one (1) public hearing and give public notice of such hearing, as prescribed by law, and at least ten (10) days prior to such hearing notice thereof shall be mailed to all property owners of all real property within the proposed right-of-way area, as such owner’s name and address appear on the last equalized assessment roll of the City, or, if such address is not known, to General Delivery, Monterey, California; provided, that the failure to give such notice by mailing, or of the person addressed to receive the same, shall not affect the jurisdiction of the City Council to proceed with the hearing. Not less than ten (10) days before such hearing, notice of such hearing shall be published at least once in the official newspaper of the City. At such time as the hearing is concluded by the City Council they may adopt the official Plan Line Map as Section XX-1, Section XX-2, etc., of this Article, or resubmit the map to the Planning Commission for further study.

Official Plan Line Maps and all the notations thereon shall be adopted by ordinance as part of this Article.

Official Plan Lines (future width lines) shall be designated on maps drawn up by the City Engineer at the request of the Planning Commission acting through the City Council.

The official Plan Line Maps shall show all property divisions and buildings adjacent to the project at a scale of one inch to 50 feet, and they shall show the existing and proposed right-of-way widths as well as a cross section of the proposed street. The maps shall be titled “Official Plan Lines of (name of street or highway.” There shall be statements of adoption or affirmation by the Planning Commission and the City Council on each map.

The City Engineer shall make and keep up to date an index map which shall show the streets or portions of streets upon which official Plan Lines have been established.

The City Clerk shall record all duly attested official Plan Line Maps adopted under the provisions of this Article in the office of the County Recorder.

The City Engineer shall post permanent notices at intervals of not more than 1,000 feet on streets for which precise Plan Lines have been adopted. Such notices shall be painted on wood or metal, or printed on cloth paper, and shall contain the following words:

“The width of this street, (or other appropriate designation) is established as __________ feet according to the Master Street and Highway Plan of the City of Monterey. All buildings and other structures hereafter erected must be outside the lines of such established width as shown on the Official Plan Line Map No. _____, recorded in the Office of the County Recorder, Salinas, California, a copy of which is on file in the office of the City Clerk and in the office of the Building Inspector.”

a.No building or structure shall be erected or placed within the official Plan Lines of streets or highways established by this Article, except as provided for under this Section.

b.The City Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of subsection (a) of this Section.

c.The owner of any property affected by established official Plan Lines may appeal the strict interpretation of subsection (a) of this section.

d.Such appeal shall be made, in writing, to the Planning Commission.

e.Upon receipt of an appeal, the Planning Commission shall set a date for at least one (1) public hearing and publish notice thereof in a newspaper of general circulation to the City at least ten (10) days in advance of such public hearing. At the conclusion of such public hearing, the Planning Commission shall make its recommendations by resolution, in writing, to the City Council.

f.In order to make a recommendation contrary to the provisions stated in subsection (a) of this Section, the Planning Commission shall find the following:

1.That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2.That the property will not earn a fair return on the owners’ investment unless the construction involved is authorized.

3.That the granting of the application is necessary for the preservation of substantial property rights of the individual.

g.Upon receipt of such report from the Planning Commission or upon expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the City Council shall set a date for a public hearing thereon with notices as required by law.

At the conclusion of the public hearing, the City Council may grant the applicant a variance from the provisions in subsection (a) of this Section.

h.In order to grant a variance contrary to subsection (a) of this Section, the City Council shall find the following:

1.That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2.That the property will not earn a fair return on the owners’ investment unless the construction is authorized.

3.That the granting of the application is necessary for the preservation of substantial property rights of the individual.

It shall be the duty of the Building Inspector to enforce this Article. He shall not issue any building permit in conflict with the terms of this Article, and any such permit or license issued in conflict with the provisions of this Article shall be null and void.

Any building or structure erected or moved contrary to the provision of this Article is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure.