Chapter 2 — SPECIFIC PLAN STREET SETBACK REGULATIONS

This chapter shall be known and may be cited as the "Specific Plan Street Setback Ordinance."

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

• (a) "LOT" means any lot or parcel of improved or unimproved real property located in the unincorporated territory of the County of San Diego.

(b) "SETBACK AREA" means that zoned area adjacent to a specific plan street within which zoned area The Zoning Ordinance would prohibit the erection and maintenance of buildings and structures if the specific plan street were an existing street as said term "street" is defined in The Zoning Ordinance.

(c) "SPECIFIC PLAN" means any specific plan of any street, adopted pursuant to the Planning and Zoning Law in furtherance of the General Plan of Major Highways (adopted by the Board of Supervisors on November 30, 1965 and filed with the Clerk of said Board as Document No. 367185, as it now exists or hereafter may be amended).

• (d) "SPECIFIC PLAN CENTERLINE" means the centerline of the street portrayed on a specific plan.

• (e) "SPECIFIC PLAN LINES" means lines equidistant and parallel to the specific plan centerline.

• (f) "SPECIFIC PLAN AREA" means the area between the specific plan lines.

• (g) "SPECIAL SETBACK LINES" means the limits of a special setback area, adjacent to the specific plan area.

(h) "SPECIAL SETBACK AREA" means the area between the specific plan line and the special setback line. Special setback areas indicate areas where special consideration is necessary to provide compatibility of the proposed road and the adjacent land development, to maintain minimum standards for road grade and side slopes, in areas of cut or fill.

(i) "SPECIFIC PLAN STREET" means a street shown on a specific plan adopted pursuant to this Chapter, whether or not such street be improved in whole or in part. The centerline of the street is the specific plan centerline shown on said specific plan and the area of the street is the specific plan area (i.e., area between the specific plan lines) shown on said specific plan.

(j) "THE ZONING ORDINANCE" means Ordinance No. 1402 (New Series) of the County of San Diego as heretofore or hereafter amended. A "zoned area" is an area subject to the provisions of the Zoning Ordinance. (Amended by Ord. No. 3252 (N.S.), effective 10-30-68)

Cross reference(s)-- Definitions, § 12.101 et seq.

In the event of conflict between the regulations imposed by this chapter and the regulations imposed by the Zoning Ordinance or any other County ordinance or provisions of this Code, then whichever of the regulations that requires greater setbacks shall apply.

All buildings and structures, hereafter erected, installed, constructed, reconstructed, enlarged, altered, moved, improved, remodeled, converted or placed within the unincorporated territory of the County shall conform to the requirements of this chapter.

Every building or structure hereafter erected, installed, constructed, reconstructed, enlarged, altered, moved, improved, remodeled, converted or placed within the unincorporated territory of the County contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance. The failure, refusal or neglect to obtain a variance pursuant to Section 84.210 hereof prior to commencing any activity declared unlawful by this chapter shall be prima facie evidence that a nuisance has been committed or created in connection with such activity. The County Counsel, upon order of the Board of Supervisors, shall commence the necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law; this remedy is cumulative and not exclusive.

Cross reference(s)-- Uniform public nuisance abatement procedure, § 16.201 et seq.

Except as permitted by this chapter, it is unlawful to erect, install, construct, or place any new building or structure so as to encroach, and it is unlawful to reconstruct, enlarge, alter, convert, move, improve, or remodel any existing building or structures as to encroach or so as to encroach further:

• (a) Into any setback area;

• (b) Into any specific plan area;

• (c) Into any area shown on a specific plan as an existing drainage easement or a proposed drainage easement;

• (d) Into any special setback area.

Provided, however, that this section shall not be deemed to require the removal of any otherwise lawfully established building or structure that becomes nonconforming with respect to a specific plan street by reason of the subsequent adoption of a specific plan.

(Amended by Ord. No. 3252 (N.S.), effective 10-30-68)

In the event that any regulation imposed by this chapter constitutes a taking or damaging of property for public use within the meaning of Article 1, Section 14 of the California Constitution, then as to said property this chapter is, and shall be deemed to be, null and void as of the date of passage of the ordinance adopting this chapter.

Whenever a specific plan has been adopted a copy thereof shall be certified to the Building Inspector.

Except pursuant to a variance duly granted, no building permit shall be issued which would authorize an encroachment contrary to the provisions of Section 84.205; provided, however, the Building Inspector may issue a building permit:

• (a) For the construction of a wall or fence not used for the structural support of a building or structure; or

• (b) Where the estimated cost of the proposed work (plus the cost of any other work previously done or authorized by permit issued pursuant to this section) is $500.00 or less; or

• (c) Where the granting thereof will not authorize any original or further encroachment contrary to the provisions of said Section 84.205.

This section shall not authorize the issuance of any building permit contrary to the provisions of The Zoning Ordinance.

When application is made for a building permit that would authorize an encroachment contrary to the provisions of Section 84.205 the Building Inspector shall inform the Engineer thereof and whether such permit was granted pursuant to Section 84.208.

In the event the Building Inspector refuses to issue a building a permit because of the provisions of this chapter, the Building Inspector shall inform the applicant of the reason for such refusal and of their right to apply for a variance. Any person aggrieved by such refusal of the Building Inspector to issue a building permit may apply to the Planning Commission for a variance to authorize the encroachment sought. The Department of Planning and Development Services shall inform the Director of Transportation whenever such an application is made. Upon being so informed the Director of Transportation shall forthwith review the variance application and within 90 days report thereon to the Planning Commission. The hearing on said variance application shall be set as soon as practical following receipt of said report.

(Amended by Ord. No. 3252 (N.S.), effective 10-30-68; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

Except as otherwise in this chapter provided application shall be made, the variance shall be granted, conditionally granted or denied, and appeal may be taken in the manner prescribed in and subject to the provisions of The Zoning Ordinance. Variances pursuant to this chapter may be applied for as a part of a variance or use permit application pursuant to The Zoning Ordinance. Notice of the hearing on the variance shall be given in the same manner as notice of a hearing on an application for a variance filed pursuant to The Zoning Ordinance. All variances granted are subject to Section 7122 and 7124 of The Zoning Ordinance. The Director of Transportation may appeal to the Board of Supervisors from the granting or conditional granting of a variance. (Amended by Ord. No. 5942 (N.S.), effective 12-25-80)

No fees shall be charged for any variances applied for pursuant to this chapter. Where the application is combined with some other application for which a fee is prescribed such fee shall be collected.

Before any variance may be granted it shall be shown:

• (1) The strict application of this chapter creates practical difficulties and unnecessary hardship.

• (2) That the granting of such variance is necessary for the preservation and enjoyment of a substantial property right.

Variances may be granted upon such conditions and limitations as the Planning Commission or Board of Supervisors deems reasonable and necessary under the circumstances. Any variance granted shall be such as will as little as practicable increase the cost of opening such specific plan street or tend to cause a change of such specific plan street.