Salinas Municipal Code § 30-78 Amendment or rescission of official plan line

It is the purpose of the provisions of this article 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, 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. This article is adopted pursuant to Sections 65500 et seq. of the Government Code of California and shall be cited and referred to as the official plan line regulations of the city.

(Ord. No. 1610 (NCS), § 1.)

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

(a) Map. The term "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. The term "official plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street or future street as it is proposed to be constructed or widened and including all lands necessary for the construction, 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.

(c) Right-of-way. The term "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.

(d) Setback. The term "setback" means the minimum required horizontal distance from the right-of-way to the nearest vertical wall or other element of a building or structure.

(Ord. No. 1610 (NCS), § 2.)

No building, structure or other improvement shall hereafter be erected, constructed, enlarged or placed within the official plan lines established by this article, or amendments thereto, or within the setback lines measured from the official plan lines, 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 such temporary building or structure the owner of the property on which it is to be located shall execute an agreement with the city in accordance with the provisions of Section 30-84 hereof.

(Ord. No. 1610 (NCS), § 3.)

All departments, officers and employees of the city vested with the duty or authority to issue permits or licenses or grant approval of the subdivision of land shall conform to the provisions of this article 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 article. Any such permit, license or approval shall be null and void if issued in conflict with the provisions of this article.

(Ord. No. 1610 (NCS), § 4.)

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 county assessor, at least ten days before the hearing.

(Ord. No. 1610 (NCS), § 5; Ord. No. 1692 (NCS), § 1(1).)

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

(Ord. No. 1610 (NCS), § 6.)

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 by at least one publication in a newspaper of general circulation within the city at least ten days prior to such 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 county assessor, at least ten days prior to such hearing. 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. No. 1610 (NCS), § 7; Ord. No. 1692 (NCS), § 1(2).)

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

(Ord. No. 1610 (NCS), § 8.)

Each map adopted pursuant to the provisions of this article 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 Salinas as adopted by the City Council and now in force and effect.

_____

Director of Community Development

_____

City Engineer"

"I hereby certify that this map (or, the map attached hereto), consisting of _______ sheets, was duly adopted as a part of Ordinance No. _______ (N.C.S.) by the City Council of the City of Salinas on _______, 19___

_____

City Clerk of the City of Salinas"

(Ord. No. 1610 (NCS), § 10; Ord. No. 1692 (NCS), § 1(4).)

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

(Ord. No. 1610 (NCS), § 11; Ord. No. 1692 (NCS), § 1(5).)

Official plan lines shall be clearly delineated on maps. Copies of all such maps, together with all data and information indicated thereon, heretofore or hereafter adopted, shall, upon adoption by the city council and filing for record with the office of the county recorder, be deposited with the city engineer's office and maintained in a central repository, which shall constitute an unofficial record of such maps and the data and information indicated thereon.

(Ord. No. 1692 (NCS), § 1(6).)

The zoning administrator shall hear and decide applications for variances from the provisions of Section 30-73. Subject to the provisions of Section 30-84, the zoning administrator shall approve or conditionally approve (imposing such conditions as he deems fit and proper) a variance, when he, in the exercise of his discretion, determines all the following circumstances exist:

(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 article in the particular case would result in extreme 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 article on other properties in the vicinity of the affected property.

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

(Ord. No. 1610 (NCS), § 12; Ord. No. 1692 (NCS), § 1(7).)

The procedure to be followed in applying for, giving notice of and granting such variances shall be that set forth in the zoning code. The fee charged shall be the same as that for zoning variance applications.

(Ord. No. 1610 (NCS), § 13.)

In addition to any other conditions the zoning administrator may impose pursuant to the provisions of Section 30-82, a variance shall be granted only upon the condition that the owner of the property shall execute an agreement with the city, wherein the owner agrees to remove at his own expense any building, structure or other improvements erected, constructed or enlarged under terms of the variance when notified in writing by the zoning administrator that the city proposed the acquisition of a portion of his property for street purposes. The agreement shall include such other conditions as the zoning administrator deems reasonable and necessary to carry out any of the provisions of this article, 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 zoning administrator 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 to do so, authorizing removal by the city and making the cost thereof a lien on said property. Such agreement shall be recorded.

(Ord. No. 1610 (NCS), § 14; Ord. No. 1692 (NCS), § 1(8).)