Chapter 18.31
GENERAL PROVISIONS--YARDS, SETBACKS, AND HEIGHT EXCEPTIONS
Sections:
18.31.04 Responsibility for Measurements.
18.31.06 Hamner Avenue Setback.
18.31.08 Yard Requirements--Walls, Fences, and Structures in Setback Areas.
18.31.10 Garages on Corner Lots.
18.31.12 Transferral of Residential Requirements.
18.31.16 Accessory Structures and Height Exceptions.
18.31.02 Intent and Purpose.
The following general development standards are set forth in order to assure that property in the various zones of the city will be developed in a uniform and orderly manner which will promote the public health, safety, comfort, convenience, and general welfare. These development requirements shall be in addition to the property development standards set forth in each zone.
18.31.04 Responsibility for Measurements.
In measuring lot dimensions and other requirements set forth in this ordinance, it shall be the responsibility of the property owner or his authorized agent to provide accurate dimensions and calculations. The submission of inaccurate dimensions or calculations which result in a lot or structure not complying with the requirements set forth in this ordinance shall constitute a violation of this ordinance, and any permits or approvals granted thereunder shall be void.
18.31.06 Hamner Avenue Setback.
Notwithstanding the setback requirement for various zone districts, no building or structure, excepting freestanding signs, may be erected or located within 105 feet from the centerline of Hamner Avenue throughout its length within the City. Provided, however, that for commercial developments having integrated parking area(s), said special setback may be modified by the Planning Commission for good cause shown in conformance with all procedures and requirements of such modification by the City Council. (Amended by Ord. 575 Sec. #1, 1987: Ord. 491, Exhibit A #2, 1983: Ord. 358 Sec. #1, 1976)
18.31.08 Yard Requirements--Walls, Fences, and Structures in Setback Areas.
(1) No required yard or other open space around an existing building, or any building hereafter erected, shall be considered as providing a yard or other open space for any other building on an adjoining lot or building site. No wall or fence exceeding six (6) feet in height shall be erected or maintained on any required rear yard or side yard open space in any zone designated by an “A” or “R” code letter.
(2) No wall or fence exceeding nine (9) feet in overall height shall be erected or maintained in any required rear yard, side yard, or side or rear open space in any zone designated by a “C” code letter or an “M” code letter, and provided further that the portion of any such wall or fence that is more than six (6) feet above the mean ground level shall be so designed that it does not obstruct more than 10% of visibility through any portion thereof.
(3) Regardless of any other provision contained in this section, one breeding or breaking pen may be erected and/or maintained on the rear portion of any lot and such breeding and/or breaking pen shall have a solid wall or fence enclosure not less than eight (8) feet and not exceeding nine (9) feet in height from the ground level and not exceeding sixty (60) lineal feet in distance along each of two of the property lines of such lot; provided, however, that no such breeding and/or breaking pen, or its enclosure shall be constructed less than twenty-five (25) feet from any public or private street.
(4) In any zone designated by an “A” code letter or “R” code letter, the height of walls, fences and hedges shall be subject to the following restrictions:
(a) Within the front building setback area of any lot or parcel in any A zone, no wall, fence or hedge shall exceed:
(i) Six (6) feet in height;
(ii) Three (3) feet in height, if the surface obstructs more than ten percent (10%) visibility through any portion thereof.
(b) Except for the front building setback area of any lot or parcel in any A zone, no wall, fence or hedge shall exceed six (6) feet in height.
(c) Within the front building setback area of any lot or parcel in any R zone, no wall, fence or hedge shall exceed three (3) feet in height.
(d) Except for the front building setback area of any lot or parcel in any R zone, no wall, fence or hedge shall exceed six (6) feet in height.
(e) In the discretion of the Planning Director, the restrictions set forth in subsections (a), (b), (c) and (d) hereinabove may be modified in the interests of the public health, safety and welfare.
(5) In any zone designated by a “C” code letter or a “M” code letter, no wall, fence, or hedge exceeding thirty-six (36) inches in height shall be erected or maintained within the area required to be landscaped in the required front or street side building setback area if the surface thereof obstructs more than 10% visibility through any portion thereof, or if the nature thereof is such create an unsafe condition; provided, however, that no fence or wall shall exceed a maximum height of nine (9) feet; provided further that no fence, wall, or hedge, the surface of which obstructs more than 10% visibility through any portion thereof, shall be erected nearer than twenty-five (25) feet from the point of intersection of any two streets or highway lines excepting pole lines, underground pipe lines or conduits, and ditches.
(6) In the event the boundaries of any lot designated by a zone code letter adjoins a lot differently zoned so as to permit or require a higher wall, fence, or hedge, the greater of the two wall/fence height provisions shall apply to the adjoining portions of both such lots.
(7) Where yards are required by this Ordinance, they shall be open and unobstructed from the ground to the sky, except as provided elsewhere in this section, and as follows:
(a) Outside stairways or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three (3) feet and/or into the required rear yard a distance of not to exceed five (5) feet.
(b) Cornices, canopies, and other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed one foot. Eaves may extend two feet into a required yard; however, in no case shall a roof eave be closer than three feet from a property line in a required yard. One pergola or one covered but unenclosed passenger landing may extend into either side yard provided it does not reduce the side yard below five feet and its depth does not exceed 20 feet.
(8) Detached accessory buildings in “A” and “R” zones are permitted in required rear and side yards pursuant to Chapter 18.68. For lots where the setback provisions of Chapter 18.68 do not apply (lots with a primary animal-keeping area (PAKA)), detached accessory buildings are permitted in required rear and side yards, except corner side yards, provided the following is met:
(a) No accessory structures shall be placed closer than five (5) feet from the property line, unless it is classified as fire resistive rated under the Uniform Building Code.
If the structure is classified as fire resistive rated, it may be located closer than five (5) feet, but it shall not be located closer than three (3) feet from the property line.
(b) Accessory structures, located closer than (5) feet to the side property line, shall not be placed within 75 feet of the front property line.
(c) Accessory structures located closer than five (5) feet, meets all building and fire requirements including distance from the property lines and construction specifications.
(d) The structure meets all other requirements of the zone district including height and coverage limitations and separation between buildings. (Ord. 615, Sec. 1, 1990)
(9) Storage of Recreational Vehicles and Boats: Except as otherwise approved under site plan review or conditional use permit in the Commercial and Manufacturing zones, recreational vehicles and boats shall not be stored in required front yards or corner side yards. In agricultural and residential zones, no more than a total of three recreational vehicles or boats may be stored on any lot. For lots greater than one half acre, one additional vehicle per each additional half acre may be stored. The maximum number of vehicles that may be stored shall not exceed ten. Further, said recreational vehicles and boats may not be used as a habitable space or dwelling. All such vehicles and boats approved for storage shall be maintained in a neat appearance and be in readily operable condition. The proposed storage area for the vehicles or boats shall not become a nuisance to neighboring properties.
For the purpose of these provisions, manufactured homes, mobile homes, commercial coaches, and factory built housing units are not considered recreational vehicles and shall not be placed or stored in residential and agricultural zones unless specifically provided for in this ordinance. (Amended by Ord. 497 #9, 1983)
(10) Distance Between Buildings: Encroachments into required distances between buildings are permitted as specified for encroachments into side yards in subparagraph (8) above.
(11) Intersection Visibility and Corner Cutback:
(a) There shall be no visual obstructions as herein defined within the corner cutback area of all corner lots. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured twenty-five (25) feet back from the intersection of the prolongation of the front and street side property lines.
(b) In the corner cutback area of corner lots, the height of mature landscaping without pruning, walls, fences, and other obstructions may not exceed three (3) feet in height. The height of walls, fences, and landscaping as permitted, shall be measured from the top of the existing curb grade or crown of abutting road.
(c) The foregoing provisions shall not apply to permanent buildings existing on the effective date of this Ordinance; utility poles; trees trimmed at the trunk line at least eight (8) feet above the level of the intersection; supporting members of appurtenances to permanent buildings existing on the effective date of this Ordinance; official warning signs or signals.
(d) Where the non-conforming wall, fence, and/or landscaping feature is in a corner cutback of a street as indicated in the Comprehensive General Plan, such non-conformity shall be treated as provided for in Section 18.39.22 (AMORTIZATION). (Ord. 1103 Sec. 1, 2023; Ord. 1019 Sec. 1, 2017; amended by Ord. 469 Sec. 1, 2, 1981; Ord. 362 #1, 1976; Ord. 358 #1(a), (b), 1976; Ord. 386 #2 (part), 1974)
18.31.10 Garages on Corner Lots.
Notwithstanding any other provisions of this Ordinance, attached or detached garages facing and taking access from the side street on a corner lot shall be located not less than twenty-five (25) feet from the ultimate right-of-way of said side street.
18.31.12 Transferral of Residential Requirements.
Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this Ordinance, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this Ordinance for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback in the “C” or “M” zones.
18.31.14 Swimming Pools.
(1) Private swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five (5) feet to any property line or dwelling.
(2) All other swimming pools shall be located not nearer than ten (10) feet from any property line or building.
(3) A swimming pool may be constructed contrary to subsection (1) above when it lies partially within and partially without a dwelling which conforms with all other provisions of this Ordinance.
18.31.16 Accessory Structures and Height Exceptions.
(1) Structures necessary for the maintenance and operation of a building, flagpoles, chimneys or similar structures are permitted in any zone and may exceed the prescribed height limits where such structures do not provide additional floor space subject to the provisions of this section.
(2) Antennas:
(a) In all zones, noncommercial antennas are permitted as accessory structures and shall be subject to approval by the Director of Community Development when it is determined that building permits are required pursuant to the Uniform Building Code.
(b) In Agricultural, Residential, Hillside, Commercial and Industrial Zones antennas shall meet the following standards:
(1) Satellite dish type antennas shall be ground mounted and not exceed a height of 15 feet as measured from ground level, except satellite dish may be mounted on the roof of Commercial Industrial buildings if screened to the satisfaction of the Planning Commission.
(2) All other antenna shall not exceed an overall height of forty-five feet as measured from ground level; and
(3) All antennas shall be located to the rear or side of the main dwelling or principal structure.
(c) Antennas shall be adequately secured with safety lines to prevent contact with power lines or prevent damage to property caused by its falling.
(d) All antenna mountings shall be grounded for protection against a direct strike of lighting.
(e) All utilities servicing antennas shall be placed underground wherever appropriate.
(3) Wind Energy Conversion Systems (WECS)
(a) Noncommercial WECS are permitted in all zones as accessory structures provided that building permits have been obtained. Commercial WECS or WECS exceeding those standards provided in the following subparagraph (b) are permitted subject to approval of a CUP pursuant to Chapter 18.45.
(b) For noncommercial WECS the following development standards shall be met in addition to other applicable codes and ordinances:
(1) No WECS shall exceed a height of 35 feet (including the swept area) nor have a swept area in excess of 400 square feet. Swept area is defined as the largest area of the WECS which extracts energy from the wind stream. In a conventional propeller-type WECS there is a direct relationship between swept area and the rotor blade diameter.
(2) All portions of the WECS shall be at least two and one-half (2 1/2) times the diameter of the swept area from all property lines except that the WECS shall be five (5) times the diameter of the swept area from any property line downwind of the prevalent wind condition.
(3) A distance equal to the total height of the WECS shall be provided from any above ground public utility line.
(4) The minimum distance between the ground and the tip of the blades of the rotor shall be no less than fifteen (15) feet.
(5) The design of WECS shall not create noise, strobing effects, electromagnetic interference or similar nuisances that may be detrimental to the immediate area as determined by the Director of Community Development. In Residential/ Agricultural and Hillside zones of the City, the noise level on property where WECS are installed shall not exceed a noise level A-weighted) (Day-Night Weighted Average Sound Level) of 55 Decibels (day) and 40 Decibels (night) as measured at the property line.
(6) The WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. The permit application must include a statement by a California registered professional Engineer, certifying that the rotor and overspeed controls have been designed and fabricated for the proposed WECS in accordance with good engineering practices. The engineer shall certify the structural compatibility of the proposed power with the rotors.
(7) All energy distribution lines shall be underground.
(8) Any WECS which includes the use of guy wires for tower support shall include as a part of the installation, appropriate measures to ensure the protection of the guy wires from accidental contact which could cause tower failure.
(9) The WECS owner shall annually submit a statement from an engineer, registered to practice in the State of California, stating whether the system, including the support system and blades, is in sound working condition and does not pose a hazard to the public health, safety or welfare. (Amended by Ord. 522 Sec. 3, 1984)