San Leandro Municipal Code Art. 2 General

(Legislative History: Ordinance No. 72-10, 2/28/72)

Right-of-way lines may be established by the City Council as provided herein for the purpose of reserving areas for future widening, extension, or creation of streets, highways, or space for future utilities, pedestrian ways, fire and police emergency access, access to property, and all public rights-of-way.

A right-of-way line may be initiated by:

(a) The verified petition of one or more owners of property affected by the proposed right-of-way lines, which petition shall be filed with the Planning Commission and shall be accompanied by a fee in an amount set forth by the City Council by resolution; or

(b) Resolution of the City Council; or

(c) Resolution of the Planning Commission. Every petition shall be accompanied by a description of the streets or portions of the streets along which such right-of-way lines are sought to be established, a map or sketch showing the streets and relation of the proposed right-of-way lines, thereto, and such other plans and specifications necessary to show the proposed use of the area affected thereby.

Before any action shall be taken by the City Council as provided in Section 7-7-245 hereof, the proposal shall be referred to the Planning Commission and the Department of Public Works for report and recommendation.

The Planning Commission shall hold at least one public hearing on any proposed right-of-way line and shall give notice of the time and place of said public hearing by publishing notice thereof at least once and by causing notices of the hearing to be posted along a line as near as possible to the planned right-of-way where such right-of-way lines are proposed to be established at not more than 300 feet in distance apart, but not less than three in all. Such publication and posting shall be accomplished at least five days prior to the date fixed for said hearing. Upon review of the report and recommendation of the Department of Public Works and completion of the hearing, the Planning Commission shall submit its report and recommendation to the City Council.

Upon receipt of a report and recommendation from the Planning Commission, but before determining and establishing any right-of-way lines, the City Council shall pass a resolution of intention designating the right-of-way lines proposed to be established.

The resolution shall contain a description of the property affected and a notice of the hour, day, and place when and where any and all persons objecting to the establishment of the proposed right-of-way lines may appear before the City Council and object thereto.

Said resolution described in Section 7-7-220 above shall be published once at least 10 days before the date of the hearing of objections to the proposal. A copy of the resolution shall be posted along the street or streets in front of each block where such right-of-way lines are proposed to be established at not more than 300 feet in distance apart, but not less than three in all. Posting shall be accomplished at least 10 days before the date of the hearing of objections to the proposal.

The time for hearing objections to such proposal shall be not less than 15 nor more than 30 days from the date of the adoption of the resolution of intention described in Section 7-7-220.

At any time not later than the hour set for hearing objections to the establishment of the proposed right-of-way line, any person having any interest in any land upon which said right-of-way lines are proposed to be established may file with the City Clerk a written objection to the establishment of said right-of-way lines.

At the time set for hearing, or at any time to which the said hearing may be continued, the City Council shall proceed to hear and pass upon all protests or objections filed pursuant hereto. Its decision shall be final and conclusive. The City Council may sustain any objections and abandon said proceeding, deny any and all objections and by ordinance establish said right-of-way lines described in the resolution, or it may deny any and all objections and by ordinance establish said right-of-way lines with such changes and modifications as it shall determine to be proper.

Whenever any ordinance establishing any right-of-way line or lines shall become effective, it shall thereafter be unlawful for any person, firm or corporation to construct or erect any building or structure within the space between the right-of-way line so established.

After the adoption of the resolution of intention described in Section 7-7-220, no building permit shall be issued for the erection of any building or structure between any proposed or established right-of-way lines.

Existing buildings or structures non-conforming to the requirements of established right-of-way lines shall not be altered or enlarged in any manner.

Variance may be granted from the provisions of this Chapter where unnecessary or unusual hardship is shown and where such variance will not defeat the purposes of the right-of-way lines established by this Chapter, provided that the applicant waives all claims for compensation and damages caused by the taking of any property affected by such a variance pursuant to the exercise of the right of eminent domain or any other right of this City or any other action.

The provisions governing the procedure for variances and appeals from the Zoning Code of the City of San Leandro shall apply to the procedures for variances and appeals from the provisions of this Chapter.

Yard and other requirements of the Zoning Ordinance shall be separately applied as requirements additional to right-of-way line requirements required herein. All yards, setbacks and such regulations of the Zoning Code of the City of San Leandro shall be measured from the established right-of-way lines herein. Notwithstanding any provision to the contrary, however, that portion of any parcel that lies between established right-of-way lines shall be considered as part of the lot area when determining the number of dwelling units that may be placed on a parcel or the percentage of lot area that may be covered by buildings or structures.