Procedure for establishing plan lines and setback lines proceedings for the establishment of plan lines and setback lines along any portion of any street in the city may be initiated. A petition may be filed with the city council, or the city council on its own motion may institute proceedings, asking that such plan lines and setback lines be established, which petition shall designate the street along which such lines are sought to be established, and shall be accompanied by a map or sketch showing the street and lot lines and proposed plan lines and setback lines and the distance thereof from the regularly established property line. The city council shall thereupon refer the petition to the city planning commission for attention and the commission shall thereafter cause an investigation to be made after which the petition shall be presented to the city council, together with the recommendation of the city planning commission.

Upon consideration of such petition, or upon its own motion, whenever the public peace, health, safety, comfort, convenience, interest, or welfare may require, the city council is authorized and empowered to determine the location of a proposed plan line; in consideration of such plan line, the city council shall take into consideration the probable and future widening or establishment of streets as may be designated on the general plan or as otherwise may be found necessary to insure adequate traffic circulation in the city.

The city council is also authorized and empowered to determine the minimum distance back from the proposed plan line and to order the establishment of a line to be known as a setback line between which line and the plan line no building or structure shall be erected or constructed, and in consideration of such setback line, the city council shall determine that such setback line is necessary to remove the danger of vehicular collision at street intersections, and to prevent the shutting off of light and air from adjoining residences or buildings existing or which may be created or to insure that existing or proposed uses along such street will not be detrimentally affected by close proximity to heavy traffic movements.

Before ordering the establishment of any setback line and/or plan line authorized by the provisions of Section 17.62.060, the council shall pass a resolution of intention so to do, designation the setback and/or plan line proposed to be established; which resolution shall be published once in an official newspaper in the city, and one copy of the resolution shall be posted conspicuously upon the street in front of each block or place where such setback and/or plan line is proposed to be established. The resolution shall contain, also, a notice of the day, hour and place, when and where any and all persons having any objections to the establishment of the proposed setback and/or plan line may appear before the council and present any objection, which they may have to the proposed setback and/or plan line as set forth in the resolution of intention. The time of hearing shall not be less than 15 nor more than 40 days from the date of the adoption of the resolution of intention and the publication and posting of the resolution shall be made at least 10 days before the time of the hearing.

After the adoption of the resolution of intention, and prior to the time the resolution establishing a setback and/or plan line in such proceedings becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback and/or plan line and the street line and any permit so issued shall be void.

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback and/or plan line, any person having any interest in any land upon which the setback and/or plan line is proposed to be established, may file with the city clerk, a written protest or objection against the establishment of the same designated in the resolution of intention. Such protest must be delivered to the clerk not later than the hour set for the hearing, and no other protests or objections shall be considered. All protestants may appear before the council at the hearing either in person or by counsel, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the hearing may be continued, the council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive.

The council shall have power and jurisdiction to sustain any protest or objection and abandon the proceeding, or to deny any and all protests or objections, and order by resolution the establishment of the setback and/or plan line or lines described in the resolution of intention, or to order the same established with such changes or modifications as the council may deem proper.

From and after the taking effect of such resolution establishing any setback or plan line, no person shall construct any building, wall, fence, or other structures within the space between the street line and the plan line so established; and no building permit shall be issued for the erection of any building and/or structure between any proposed setback line and plan line, any permit so issued shall be void.