Sebastopol Municipal Code Ch. 12.12 Setback Line on Mckinley Street and Petaluma Avenue

From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person, firm or corporation to erect, construct and establish any building, wall, fence or other improvements within the space between the present southerly property line and a space 55 feet distant northerly therefrom on the northerly side of McKinley Street between North Main Street and the easterly boundary of Petaluma Avenue and within the space between the present southerly property line and a space five feet distant southerly from the southerly property line of McKinley Street between North Main Street and the easterly boundary of Petaluma Avenue in said City and the Building Inspector of said City shall refuse to issue any permit for any building or employment within such space, except that:

A. Cornices, canopies, signs, eaves or any other architectural features may extend into said setback space for a distance as may be permitted by the Building Inspector and City Council.

B. Fire escapes may extend into said setback space for a distance of not to exceed four feet, six inches.

The ordinance codified in this chapter is an emergency ordinance affecting, and for the immediate preservation of, the public peace, health, safety, comfort and general welfare and the same therefore shall become effective immediately upon the final passage and adoption thereof. The facts constituting its urgency are as follows:

The City of Sebastopol has heretofore and on November 16, 1952, adopted Ordinance No. 358 of said City for the purpose of protecting the master street and highway plan of said City. Said master street and highway plan, among other things, designates McKinley Street in the City of Sebastopol as a major street. Said street is, as of the date hereof, of insufficient width to accept and discharge the flow of traffic thereon, which condition presents a continuing hazard to the public use of said street. The immediate preservation of public peace, safety, comfort and convenience requires the widening of said McKinley Street at the earliest possible moment that the existing hazard might be eliminated. Applications for permits to construct improvements upon properties facing said street have been made and will in the future be received by the Planning Commission and the Council of said City. If such permits are granted without the provision contained therein for proper setbacks to be made in the construction of said improvements the purpose and intent of the master street and highway plan will be defeated.