Chapter 22.50 — BUILDING LINE SETBACKS

The City Council declares that the City, through the City Planning Commission and the City Council, is engaged in developing a master plan of streets and specific plans for streets within the City for the purpose of assuring ample transportation facilities for the present and future; that the magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the City; that the surveys, hearings, map preparation and requirements of law governing such matters necessitate such detailed plans being developed progressively; that to conserve the public interest and to assure economies and public safety and welfare, it is imperative that necessary rights-of-way for streets within the City be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or make impractical the retention or creation of thoroughfares, adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare; that to deal effectively with the practical problem thus presented; it is necessary to establish certain minimum building line setbacks on a City-wide basis. (Prior code § 10,500; Ord. 822 C.S. § 2, 1975)

Whenever a specific plan for a street, based upon the master plan, has been adopted by the City Council, a copy of the specific plan, sufficient to accurately indicate the location of the street on parcels of land to be traversed or otherwise occupied by the street when constructed, shall be given to the Director of Building Inspection and Housing Development by the City Clerk. (Prior code § 10,501; Ord. 822 C.S. § 2, 1975)

Before issuing a building permit, the Director of Building Inspection and Housing Development or his authorized deputy, shall examine the specific plan. If he finds that the building or structure proposed to be erected will be within the boundaries of the specific plan, or within the setback lines of the existing zoning regulations affecting the land as measured from the boundaries of the specific plan, he shall grant the permit if the cost of the proposed building or structure is $500.00 or less. Otherwise, he shall refuse the permit and notify the applicant for the permit of the reason for refusal.

(Prior code § 10,502; Ord. 822 C.S. § 2, 1975)

Any person aggrieved by the refusal of a building permit may appeal to the City Board of Appeals. The Board of Appeals shall grant the permit only if all of the following are true:

• A. There are special circumstances or conditions attached to the property upon which the proposed building, structure or other improvement is sought to be placed;

• B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights;

• C. Balancing the interests of the public in preserving the integrity of the master plan of streets

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City of Martinez, CA

MARTINEZ CODE

§ 22.50.040

§ 22.50.050

against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.

(Prior code 10,503; Ord. 822 C.S..§ 2, 1975)

• A. Nothing in this Chapter shall be deemed a condition precedent to the acquisition of rightsof-way by purchase or by proceedings in eminent domain.

• B. Nothing in this Chapter shall be construed to restrict the right of any person to seek declaratory relief, or to avail himself of any other legal or equitable remedy applicable to his particular case.

• C. No zoning regulation is to be construed as permitting a building line setback or any building within the bed of a proposed street, except as herein provided.

• (Prior code § 10,504; Ord. 822 C.S. § 2, 1975)

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City of Martinez, CA