San Benito County Municipal Code Ch. 19.25 Plan Lines

This chapter shall be known and designated as the “Plan Line Ordinance”.

(1966 Code, § 12B-1) (Ord. 292, § 1)

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 in order:

(A) To provide for the systematic execution of the circulation element of the General Plan of the county, by designating the precise location of planned rights-of-way and limiting the location of structures with respect to planned rights-of-way;

(B) To assist in providing a definite plan of development for the county and to guide, control and regulate the future growth of the county;

(C) To serve as a general guide for the development of streets and highways and public transportation facilities;

(D) To provide a comprehensive guide for capital outlay on street and highway improvements in the county;

(E) To provide an authentic source of information as to the development of the county for present and prospective residents and investors therein;

(F) To reserve areas for future widening, extension or creation of streets, highways and public transportation facilities or space for future pedestrian ways, vision clearance, fire and police emergency access, access to property and for other essential public services; and

(G) To obviate the menace to the public safety and the damage to property values resulting from inadequate provision for traffic thoroughfares.

(1966 Code, § 12B-2) (Ord. 292, § 2)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

APPLICANT. Any person applying for a building permit within the county.

LOT. Any lots, parcel or other real property situate within the county.

NOTICE OF APPEAL. A written statement, filed on prescribed form, appealing to the Board of Supervisors an action or decision of the Planning Commission hereunder.

NOTICE, WRITTEN. Written notice deposited in the United States mail, postage prepaid, addressed to the last known address of the designated addressee.

OWNER. Any person entitled to the use or possession of real property.

PERSON. Any person, firm, partnership, association, corporation or organization of any kind, including public agencies.

PLAN LINE. A line defined by map from the established centerline, or existing street right-of-way line or regular established property line, and adopted pursuant to the procedures and requirements of this chapter. No structure shall be erected, constructed or maintained within the area of a lot between the plan line and an abutting street right of way, except as set forth herein.

POLES, WIRES and ASSOCIATED STRUCTURES. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located on or below the ground.

SHALL and MAY. These terms mean mandatory and permissive, respectively.

SINGULAR and PLURAL. The singular includes the plural; and the plural, the singular.

STREET. Any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square or other public way which heretofore has been, or may hereafter be dedicated or otherwise acquired by the county or other governmental agency for public street and highway purposes or public transportation facilities.

STRUCTURE and BUILDING. These terms are synonymous and shall mean anything constructed or erected or assembled and which is attached or affixed to realty or which is intended to rest other than temporarily thereon, or which is attached to something having a fixed location on or below the ground.

TENSES. Present tense includes the past and future tenses, and where applicable, vice versa.

UTILITY. All persons supplying electric, communication or similar or associated service by means of electrical materials or devices to the public.

WORDS AND PHRASES. Words and phrases used in this chapter, and not specifically defined, shall be construed according to the context and customary usage.

(1966 Code, § 12B-3) (Ord. 292, § 3)

(A) Plan lines shall be designated on maps.

(B) Plan line maps shall show all property divisions and structures adjacent to existing and proposed rights of way and shall show the existing and proposed rights-of-way and shall show the existing and proposed right-of-way widths as well as cross sections of existing or proposed streets.

(C) The maps shall be titled “Official Plan Lines of (name of street or highway)” to be drawn with India ink upon tracing cloth; the left and right sides of each page shall be 18 inches in length and the top and bottom of each page shall be 26 inches in width; each page shall have two-inch left margin; each page of each map shall be numbered consecutively.

(D) Each plan line map shall have affixed on the last page thereof or attached following the last page thereof the following certificates:

(1966 Code, § 12B-4) (Ord. 292, § 4)

(A) The County Clerk is hereby directed to make and keep current an index map which shall show the streets or portions of streets upon which plan lines have been established.

(B) The County Clerk is hereby directed to record all duly certified plan line maps adopted under the provisions of this chapter in the office of the Recorder of the county.

(1966 Code, § 12B-5) (Ord. 292, § 5)

Plan line maps and all the notations thereon are hereby made a part of this chapter at the time of their adoption by the Board of Supervisors and the maps shall constitute divisions of this section.

(1966 Code, § 12B-6) (Ord. 292, § 6)

(A) Proceedings for the adoption of a plan line map for existing street or portion thereof or for any future street, may be initiated by the Board of Supervisors, by the Planning Commission or by any person filing a petition therefor with the Planning Commission.

(B) The description of any existing street or portion thereof or any future street for which plan lines are sought shall be by map showing the streets and lot line or lines and the proposed right-of-way lines, and the distance thereof from the established centerline, or existing line or regularly established property line or structures.

(C) The Planning Commission shall thereupon process the matter.

(1966 Code, § 12B-7) (Ord. 292, § 7)

Before any action shall be taken by the Planning Commission concerning any proposed plan line map the map shall be referred to the Road Department of the county for a report and recommendation.

(1966 Code, § 12B-8) (Ord. 292, § 8)

(A) The Planning Commission shall hold at least one public hearing before approving any plan line map or any part or element thereof, or any amendment to any plan line map or any part or element thereof. Notice of the time and place of hearing shall be given at least ten calendar days before the hearing in the following manner.

(1) Notice shall be published at least once in a newspaper of general circulation published and circulated in the county or if there is none, it shall be posted in at least three public places in the county.

(2) The notice shall be mailed to the owner of each lot contiguous to any existing street or portion thereof or any future street for which plan lines are sought, by depositing the same in the United States mail in a sealed envelope with postage thereon prepaid, addressed to the owner as such owner’s name appears and at such address as the same appears on the last equalized assessment roll.

(B) The time set for the hearing shall not be less than 15 or more than 60 days from the date of the filing of the petition.

(C) At the hearing, the Planning Commission shall review the report and recommendations of the Road Department of the county.

(D) Within 40 days after the conclusion of the hearing, the Planning Commission shall take action thereon. Failure to take action within the time limit will constitute approval of the proposed plan line map. Notice of the Planning Commission’s action or failure to act shall be sent to the petitioner, if the proceedings were initiated by petition. If the Planning Commission takes action, it shall file a written report of its findings and recommendations with respect to the proposed plan line map with the County Clerk, and if the proposed plan line map is adopted, shall file a certified copy of the same with the County Clerk.

(1966 Code, § 12B-9) (Ord. 292, § 9)

Whenever the public peace, safety, comfort, convenience, interest or welfare may require, the Board of Supervisors shall determine the minimum distance back from the street line for the erection of structures along any portion of any existing street or portion thereof or any future street in the county and to establish a line to be known and designated as the plan line, between which line and the street line no structure shall be erected or constructed.

(1966 Code, § 12B-10) (Ord. 292, § 10)

(A) On receipt of the findings and recommendations of the Planning Commission, the Board of Supervisors shall adopt the resolution of intention to adopt a plan line map; provided, however, that if the Planning Commission has recommended against the adoption of the proposed plan line map the Board of Supervisors shall not be required to take any further action thereon unless an interested party shall request the adoption of the resolution of intention by filing a written request with the County Clerk within ten days after the Planning Commission files its findings and recommendations.

(B) The Board of Supervisors shall hold at least one public hearing before adopting any plan line map or any part or element thereof, or any amendment to the plan line map or any part or element thereof.

(C) A resolution of intention shall contain a notice of the time and place when and where all persons interested may appear before the Board of Supervisors and be heard.

(D) Notice of the time and place of hearing shall be given at least ten calendar days before the hearing in the following manner.

(1) The resolution shall be published at least once in a newspaper of general circulation published and circulated in the county or if there is none, it shall be posted in at least three public places in the county.

(2) The resolution shall be mailed to the owner of each lot contiguous to any existing street or portion thereof or any future street for which plan lines are sought, by depositing the same in the United States mail in a sealed envelope with postage thereon prepaid, addressed to the owner as such owner’s name appears and at such address as the same appears on the last equalized assessment roll.

(E) The time set for the hearing shall not be less than 15 or more than 60 days from the date of the adoption of the resolution of intention.

(F) Any hearing may be continued from time to time.

(1966 Code, § 12B-11) (Ord. 292, § 11)

From and after the adoption of a resolution of intention and prior to either the abandonment of the proceedings or the effective date of an ordinance adopting a plan line map, it shall be unlawful for any person to erect or construct any structure, other than utility poles, wires and associated structures, within the proposed plan lines of any existing street or portion thereof or any future street, and the county Building Inspector shall refuse to issue any permit for any structure proposed to be erected or constructed within such proposed plan lines and any such permit so issued shall be void.

(1966 Code, § 12B-12) (Ord. 292, § 12)

(A) Any person having any interest in any lot upon which plan lines are proposed to be established may file with the County Clerk a written protest or objection against the establishment of the proposed plan lines designated in the resolution of intention and may appear before the Board of Supervisors at the hearing in person or by counsel and be heard in support of their protest or objection.

(B) Any protest or objection must be in writing and filed with the County Clerk not later than 24 hours prior to the time set for the public hearing. No other protests or objections shall be heard or considered by the county Board of Supervisors.

(1966 Code, § 12B-13) (Ord. 292, § 13)

(A) The Board of Supervisors shall hear and pass on all protests or objections and its decision shall be final and conclusive.

(B) The Board of Supervisors shall deny or sustain any protests or objections.

(C) (1) The Board of Supervisors may approve, modify or disapprove the recommendations of the Planning Commission or abandon the proceedings. Any modification of the proposed plan line map by the Board of Supervisors shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon.

(2) Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the Board of Supervisors, shall be deemed to be approval of the proposed modification.

(D) The Board of Supervisors shall adopt any proposed plan line map by ordinance.

(1966 Code, § 12B-14) (Ord. 292, § 14)

From and after the effective date of any ordinance adopting any plan line map, it shall be unlawful for any person to erect or construct any structure, other than utility poles, wires and associated structures, within the plan lines of any existing street or portion thereof or any future street, and the county’s Building Inspector shall refuse to issue any permit for any structure proposed to be erected within the space and any permit so issued shall be void.

(1966 Code, § 12B-15) (Ord. 292, § 15)

Yard and other requirements of Title 25 of this code shall be separately applied as requirements additional to plan line requirements; provided, however, that the portion of any lot that lies between a plan line and the present right-of-way line shall be considered as a part of the lot area when determining the number of dwelling units that may be placed on a lot or the percentage of the lot area that may be covered by structures.

(1966 Code, § 12B-16) (Ord. 292, § 16)

To avoid confusion as to the permissible location of structures or uses of land where the provisions hereof must be added to the provisions of Title 25 of this code or other ordinances, the term “setback” or “building setback” shall include the total of all requirements of Title 25 of this code, this chapter and other ordinances, where applicable.

(1966 Code, § 12B-17) (Ord. 292, § 17)

Existing structures non-conforming as to plan line requirements and building setback areas shall be deemed to be legal non-conforming structures and shall not be altered or enlarged in any manner and shall be subject to the regulations, limitations, abatement and amortization provided in Title 25 of this code.

(1966 Code, § 12B-18) (Ord. 292, § 18)

This chapter shall not permit the erection, construction, placing or maintenance of any structure at any place where the same is prohibited by any other law, ordinance or regulation.

(1966 Code, § 12B-19) (Ord. 292, § 19)

(A) An applicant denied a building permit pursuant to the provisions of this chapter may file a written request with the secretary of the Planning Commission for a hearing on the denial before the Planning Commission. Within 40 days after filing of the request, the Planning Commission shall hold a hearing at which the applicant and other interested persons may appear and be heard. At least ten days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting the notice.

(B) The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:

(1) That the denial of the building permit, because of the nature of the lot or other unique circumstances, will cause substantial damage to the applicant; or

(2) That, in balancing the interest of the public in preserving the integrity of adopted plan line maps against the private interest of the owner of the lot in using his or her property, it is determined that the issuance of the building permit is required in the interests of justice and equity.

(C) The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:

(1) That, the applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area or the area defined in any adopted plan line map; or

(2) That, in balancing the interest of the public in preserving the integrity of adopted plan line maps against the private interest of the owner of the lot in using his or her property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would acquire from so using the lot.

(D) The Planning Commission may attach reasonable conditions to its decision.

(E) The applicant shall be given written notice of the action taken by the Planning Commission within 15 days of the decision.

(1966 Code, § 12B-20) (Ord. 292, § 20)

An applicant dissatisfied with the decision of the Planning Commission may appeal the decision to the Board of Supervisors by filing a written notice of appeal with the County Clerk within 15 days after the date of the mailing of the notice of the decision of the Planning Commission. The Board of Supervisors shall set the matter for hearing before it within 40 days. At least ten days prior to the date fixed for the hearing, the County Clerk shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting the same. The procedure before the Board of Supervisors shall be the same as before the Planning Commission.

(1966 Code, § 12B-21) (Ord. 292, § 21)

An applicant dissatisfied with the decision of the Board of Supervisors may, by written notice filed with the County Clerk within 15 days after the date of the mailing of the notice of the decision of the Board of Supervisors, demand that the Board of Supervisors acquire by eminent domain or other available proceedings a portion of the lot belonging to the applicant located within adopted plan lines. Upon the failure of the Board of Supervisors, within six months thereafter, to commence the acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may re-apply for the building permit and thereupon the building permit shall be issued.

(1966 Code, § 12B-22) (Ord. 292, § 22)

(A) Any structure erected or constructed contrary to the provisions of this chapter or any building permit shall be, and the same is hereby declared to be, a public nuisance and the District Attorney, upon order of the Board of Supervisors, shall immediately commence an action or proceeding 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 court or courts as may have jurisdiction to grant relief as will abate the nuisance.

(B) The remedies provided for herein shall be cumulative and not exclusive.

(1966 Code, § 12B-23) (Ord. 292, § 23)