Chapter 20.04 — OFFICIAL PLAN LINE REGULATIONS

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows:

(a) "Map" means an illustration, including a drawing, aerial photograph, or photomap, accurately indicating the precise location of a planned right- of-way or portion thereof.

(b) "Official plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the general plan for the city of Palo Alto.

(c) "Right-of-way" means all or any part of the entire width of a road, street, or highway easement, whether or not such entire area is actually used for road, street, or highway purposes.

(Ord. 2214 (part), 1964: prior code § 36.401)

It is the purpose of the provisions of this chapter to protect and promote the public health, safety, peace, comfort, or general welfare and specifically to provide for the systematic execution of the circulation element of the general plan for the city of Palo Alto, by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way, and to provide an authentic source of information as to the development of the city of Palo Alto. This chapter is adopted pursuant to Sections 65600 to 65659, inclusive of the Government Code of California and shall be cited and referred to as the official plan line regulations of the city of Palo Alto.

(Ord. 2214 (part), 1964: prior code § 36.402)

No building, structure, or other improvement, shall hereafter be erected, constructed, enlarged, or placed within the official plan lines established by this chapter, or amendments thereto, except that this section shall not apply to garden and agricultural crop planting or fences and agricultural irrigation systems in connection therewith, street, curb, gutter and sidewalk improvements, public utility poles, pipelines or a temporary building or structure having a value of not more than one thousand dollars. Provided, however, that prior to the construction of any temporary building or structure the owner of the property on which it is to be located shall execute an agreement with the city of Palo Alto in accordance with the provisions of Section 20.04.140.

(Ord. 2214 (part), 1964: prior code § 36.403)

All departments, officers and employees of the city of Palo Alto vested with the duty or authority to issue permits, licenses or grant approval of the subdivision of land, shall conform to the provisions of this chapter and shall issue no such permit, license, or approval for uses, buildings, structures or subdivisions where the same would be in conflict with the provisions of this chapter. Any such permit, license or approval shall be null and void if issued in conflict with the provisions of this chapter.

(Ord. 2214 (part), 1964: prior code § 36.404)

Before any official plan line is adopted by the city council the planning commission shall hold a public hearing. Notice of the time and place of such hearing shall be given by publication of a notice thereof once in a newspaper of general circulation in the city at least ten days before the hearing and by mailing a notice thereof to the owners of all property abutting on or included within the proposed official plan lines using addresses from the last adopted tax roll of the city assessor.

(Ord. 2214 (part), 1964: prior code § 36.405)

After the public hearing the planning commission shall submit its recommendation to the city council.

(Ord. 2214 (part), 1964: prior code § 36.406)

Upon receipt of the planning commission's recommendation the city council shall set the matter for a public hearing and shall give notice of such hearing in the same manner as that provided herein for hearings by the planning commission. After the hearing the city council may either reject or adopt the official plan line as submitted. The city council shall not make a change in any proposed or existing official plan line until the proposed change has been referred to the planning commission for a report and a copy of the report has been filed with the city council. Failure of the planning commission to report within forty days after transmittal shall be deemed to constitute approval of the change.

(Ord. 2214 (part), 1964: prior code § 36.407)

Official plan line maps may be amended or rescinded in the same manner as that provided for their original adoption.

(Ord. 2214 (part), 1964: prior code § 36.408)

Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall, upon adoption by the city council, be made a part of this chapter and shall be incorporated herein under sections of this chapter.

(Ord. 2214 (part), 1964: prior code § 36.409)

Each map adopted pursuant to the provisions of this chapter shall be designated:

OFFICIAL PLAN LINES OF (here shall be inserted the name of the street or highway) BETWEEN (here shall be inserted the names of the streets or other appropriate places which identify the point of commencement and ending of the particular official plan line).

Each map shall have the following certificates which may either be placed directly on the map or attached to it:

I hereby certify that this map (or, the map attached hereto), consisting of ____ sheets, constitutes a precise plan based on the Circulation Element of the General Plan of the City of Palo Alto, adopted by the City Council by Resolution No. 3616 on March 18, 1963.

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City Engineer

I hereby certify that this map (or, the map attached hereto), consisting of _____ sheets, constitutes Section __________ of the Palo Alto Municipal Code, which section was adopted as Ordinance No. _______ by the City Council of the City of Palo Alto on ____ 19___.

City Clerk of the City of Palo Alto

(SEAL)

(Ord. 2214 (part), 1964: prior code § 36.410)

The city clerk shall cause all maps adopted pursuant to this chapter and amendments thereto together with all data and information indicated thereon, to be filed with the office of the county recorder of the county of Santa Clara.

(Ord. 2214 (part), 1964: prior code § 36.411)

The zoning administrator shall hear and decide applications for variances from the terms of this chapter when all the following circumstances are found to apply:

(a) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships;

(b) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property; and

(c) The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the general plan of the city of Palo Alto.

(Ord. 2214 (part), 1964: prior code § 36.412)

The procedure to be followed in applying for, giving notice of and granting such variances shall be that set forth inChapter 18.76 (Permits and Approvals) of the Zoning Code. The fee charged shall be the same as that for zoning variance applications.

(Ord. 4826 § 139, 2004: Ord. 2214 (part), 1964: prior code § 36.413)

A variance shall be granted only upon the condition that the owner of the property shall execute an agreement with the city of Palo Alto, wherein the owner agrees to remove such building, structure, or other improvements, at his own expense, upon the acquisition by the city of Palo Alto of an easement in and across his property for street purposes. The agreement shall include such other conditions as the zoning administrator deems reasonable to carry out any of the provisions of this chapter, including, but not limited to, a time limitation and the requirement that the property owner post a surety bond in such amount as may be fixed by the city council guaranteeing faithful performance of the terms and conditions of the agreement, including a covenant to remove the building, structure, or other improvements at his own expense, or in the event of his failure so to do, authorizing removal by the city and making the cost thereof a lien on said property. Such agreement shall be recorded.

(Ord. 2214 (part), 1964: prior code § 36.414)

(a) Unincorporated Areas Outside City. The planning commission and the city council may hold hearings in the manner prescribed herein to adopt official plan lines for unincorporated areas outside of the city boundaries which, in the planning commission's or city council's judgment, bears relation to its planning.

(b) Notice of Hearing. Whenever hearings are to be held on official plan lines covering land outside the city boundaries, a notice of said hearing will be transmitted to the Santa Clara County planning commission and board of supervisors of Santa Clara County along with copies of appropriate maps, for comment from said planning commission or board of supervisors. If no comments are received within forty days after transmittal, said proposals shall be deemed to be acceptable with the county planning commission and or board of supervisors.

(c) Effective Date of Official Plan Lines. Official plan lines adopted for land outside the city boundaries do not become effective until such land is duly annexed to the city.

(d) Official Plan Line Affecting Adjacent City. Whenever an official plan line is being considered which affects an adjacent city, the city clerk shall transmit a copy of the proposed map to the appropriate adjacent city planning commission(s) for their comments. If no comments are received within forty days after transmittal, said proposal shall be deemed acceptable with said adjacent city planning commission.

(Ord. 2214 (part), 1964: prior code § 36.415)

                    Chapter 20.08

SETBACK LINES

Sections:

For the purposes of this chapter, a setback line means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

(Ord. 3536 § 31, 1984: Ord. 1896 § l, 1959)

Setback lines are established parallel with the streets at a distance in feet as shown upon the map entitled "Setback Map dated October 12, 1959" made a part hereof, and according to the legend contained on such map.

Setback lines on property not having such lines imposed by this chapter and map shall be as established by Title 18, the Zoning Code.

(Ord. 1896 § 2, 1959)

• The setback map, adopted by Ordinance 1896, has been amended by Ordinances 1953, 1993, 2028, 2034, 2035, 2036, 2037, 2052, 2060, 2061, 2108, 2109, 2110, 2133, 2136, 2155, 2157, 2171, 2244, 2263, 2687, 3071 and 3531.

It shall be unlawful for any person, firm or corporation to erect or locate any building or structure within the space between the street line and setback line.

(Ord. 1896 § 3, 1959)