Chapter 17.30 STANDARDS FOR ALL DEVELOPMENT AND LAND USES

Chapter 17.30
STANDARDS FOR ALL DEVELOPMENT AND LAND USES

Sections:

17.30.010 Purpose and Applicability

17.30.020 Fences, Walls, Hedges, and Screening

17.30.030 Height Limits and Exceptions for Structures

17.30.040 Landscaping Standards

17.30.050 Moved Structures

17.30.060 Noise Standards

17.30.070 Outdoor Lighting

17.30.080 Performance Standards

17.30.090 Public Improvement Requirements

17.30.100 Setback Requirements and Exceptions

17.30.102 Solar Collectors

17.30.110 Solid Waste/Recyclable Materials Storage

17.30.120 Underground Utilities

17.30.010 Purpose and Applicability

A. Purpose. This chapter expands upon the zoning district development standards of Article 2 (Zones, Permitted Land Uses, and Zoning Standards) by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and is consistent with the General Plan and any applicable specific plan.

B. Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.72 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Zones, Permitted Land Uses, and Zoning Standards) and those in Article 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 4 shall control.

17.30.020 Fences, Walls, Hedges, and Screening

A. Applicability. The requirements of this section apply to all fences, walls, hedges, and screening unless otherwise stated.

B. Height limits. Each fence, wall, and hedge shall comply with the following height limits; provided, that no fence, hedge, or wall shall be constructed so that it interferes with the provision of adequate air and light on an abutting parcel:

1. Residential uses. Each fence, wall, and hedge, or combination thereof, on the site of a residential use shall comply with the height limits shown in Table 3-1.

TABLE 3-1 – MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES FOR RESIDENTIAL USES
Location	Maximum Height
Interior Parcel
Within front setback	4 ft for fence, wall or hedge; 6 1/2 ft for a decorative entry feature that is no more than 6 ft wide.
Within interior side or rear setback	6 ft
Outside of required setbacks	8 ft
Corner Parcel
Within front or street side setback	4 ft
Outside of required setbacks	8 ft
Within traffic safety visibility area (see Subsection 17.30.030.E, Height limits within traffic safety visibility areas)	4 ft

2. Nonresidential uses. Each fence, wall, and hedge, or combination thereof, on the site of a nonresidential use shall comply with the height limits shown in Table 3-2.

TABLE 3-2 – MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES FOR NONRESIDENTIAL USES
Location	Maximum Height
Interior Parcel
Along the front property line, or any portion of the site within 10 feet of the front property line	6 ft (subject to Board of Architectural Review approval)
Along the rear and interior side property lines or any portion of the site not within 10 feet of the front property line	8 ft
Corner Parcel
Along the front and street side property lines or any portion of the site within 10 feet of the front or street side property lines	6 ft (subject to Board of Architectural Review approval)
Within any traffic safety visibility area (see Subsection 17.30.030.E, Height limits within traffic safety visibility areas)	3 1/2 ft

a. A fence, wall, or hedge placed along the front or street side property line or within 10 feet of the front or street side property line of a nonresidential use may be allowed, subject to Board of Architectural Review approval, in accordance with Section 17.62.030 (Architectural Review).

b. Exception: A fence or wall not more than eight feet in height may be allowed to fully enclose a public utility or private recreation facility, when approved by the Zoning Administrator.

Figure 3-1 – Permitted Fence Heights

C. Measurement of fence and wall height.

1. Fence and wall height shall be measured as the vertical distance, relative to an imaginary plane parallel to the length of the fence or wall, between the finished grade at the base of the fence or wall and the top edge of the fence or wall material.

2. Where elevation of the finished grade within six feet of the base of a fence or wall on the front property line differs from one side of the fence or wall to the other (as when a fence is placed at the top of a slope or atop a retaining wall), the height shall be measured from the side with the lowest natural grade within three feet of the fence or wall.

3. The height of a fence that is placed atop a retaining wall on a side or rear property line shall comply with the height limitations specified under Subsection D.3 of this section.

4. If necessary, measurement of the height or location of the grade on which a fence or wall is proposed may be determined by the Zoning Administrator and/or by topographical survey and not be artificially raised or lowered to affect an allowed structure height.

D. Specific fence and wall requirements.

1. Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection G of this section (Screening requirements).

2. Outdoor equipment, storage, and work areas. Screening of nonresidential outdoor uses and equipment adjacent to a residential use shall be provided in compliance with Subsection G of this section (Screening requirements).

3. Retaining walls.

a. Any embankment to be retained that is greater than four feet in height shall be benched so that no individual retaining wall exceeds a height of three feet, and each bench is a minimum width of three feet. Any fencing associated with a benched retaining wall shall be set back from the retaining wall a minimum of three feet (see Figure 3-2, Fence Height).

b. A fence placed directly atop a retaining wall on a side and rear property line that is proposed to retain an embankment of three feet or less shall conform to the maximum allowable height as identified under Table 3-1 or 3-2, measured from the base of the wall at the lowest grade to the top of the fence. Any fencing proposed to be placed directly atop a retaining wall that is proposed to retain an embankment of greater than three feet which exceeds a maximum height of eight feet as measured from the lowest grade must receive the approval of a fence exception under Subsection F of this section.

4. Fence or wall design within the front setback. When a fence or wall is located within the front property setback of a residential zone, the fence or wall shall be constructed of visually permeable or aesthetically pleasing materials and constructed of such materials that minimize excessive bulk and mass impacts to the public street.

5. Swimming pools, spas, and similar features. Swimming pools, spas, and similar water features shall be fenced in compliance with California Building Code (CBC) requirements, regardless of the requirements of this section.

6. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. Temporary fencing shall be approved by the Zoning Administrator, may include prohibited fence materials listed in Subsection E of this section (Prohibited materials), and may exceed the maximum fence heights of Subsection B of this section (Height limits).

7. Building permit. A building permit is required for all new fencing and reconstructed fencing.

E. Prohibited materials. The following fence materials are prohibited unless approved by the Zoning Administrator for special security needs or as required by a City, state, or federal law or regulation:

1. Barbed wire, barbed wire or broken glass on fences, or electrified wire fence;

2. Razor or concertina wire in conjunction with a fence or wall, or by itself within any zone;

3. Chain link fencing within the front and street side yards in any zone; and

4. Other materials designed to inflict injury.

F. Fence, wall, and hedge exceptions granted by Zoning Administrator.

1. Where a physical hardship exists because of unique or unusual topographic conditions or structure location, and upon the approval of the Zoning Administrator, a fence, wall, and/or hedge that exceeds the maximum standards of this Zoning Code may be allowed subject to a fence exception approved by the Commission, as allowed in Subsection F.2 of this section.

2. The approval of a fence, wall, or hedge exception shall require that the Zoning Administrator first make all of the following findings:

a. A general safety hazard to City residents and/or the general public would not be created;

b. A traffic-related safety hazard would not be created;

c. The fence or wall will not impair visibility at an intersection or traffic safety visibility area;

d. The fence or wall will not obstruct vision from an adjoining driveway;

e. The fence or wall is compatible with the surrounding neighborhood; and

f. Public notice has been given and a public hearing has been conducted in compliance with Chapter 17.78 (Public Hearings).

3. The Zoning Administrator may refer an application for an exception to the City’s Traffic Advisory Committee for review and recommendation.

4. The Zoning Administrator may approve, modify, or deny an application for an exception and apply reasonable conditions as necessary to ensure the public health, safety, and welfare.

G. Screening requirements. This subsection provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas with respect to multi-family and nonresidential land uses.

1. Screening between different land uses.

a. For purposes of this subsection, screening means the provision of a minimum six-foot-wide living or nonliving landscaped buffer designed to diffuse glare, noise, and/or negative visual impacts (see Figure 3-3).

b. An opaque screen consisting of plant material and a masonry wall six feet in height shall be installed and maintained along parcel boundaries whenever a nonresidential use immediately adjoins a residential zone and is not separated by an alley. Pedestrian access gates may be provided between the nonresidential properties and abutting common open area within residential developments. The masonry wall shall be architecturally treated on both sides, subject to the approval of the Board of Architectural Review. Architectural treatment may include exterior colors and finishes, massing and facial articulation, or intentionally vegetated.

c. Whenever required screening is located adjacent to parking areas or driveways, the screening shall be installed in compliance with Subsection 17.34.110.E (Landscaping of parking lots).

2. Mechanical equipment.

a. Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights-of-way, and abutting areas zoned for residential or open space uses, including views from above the subject project.

b. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the Board of Architectural Review.

c. The screening design/construction shall be subject to the approval of the Board of Architectural Review, and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground. Mitigation of noise to surrounding land uses shall be a primary consideration by the board in the approval of ground- or roof-mounted mechanical equipment screening.

3. Outdoor building and garden supply areas. Land uses that include outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area from public viewpoints with a minimum height of six feet.

4. Outdoor storage and work yards. Land uses that include outdoor storage of materials, or operations, shall comply with the following screening requirements:

a. Outside storage and work yards shall have an opaque wall not less than six feet, or greater than eight feet, in height, of a type and design approved in advance of construction by the Board of Architectural Review. The wall shall include sight-obscuring gates. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the requirements of the Board of Architectural Review.

b. Site operations in conjunction with the outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled/screened area and/or loading berth.

c. Section 8.12.010 (Screening specifications – Applicability) of the Seaside Municipal Code. (Ord. 1025 § 8, 2015)

17.30.030 Height Limits and Exceptions for Structures

A. Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Ordinance, and exceptions to those height limits.

B. Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zone by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), except as otherwise provided by this section, or by Article 4 (Standards for Specific Land Uses).

C. Height measurement.

1. The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade (see Figure 3-4).

2. The location of existing grade shall:

a. Be determined by the Zoning Administrator and may include the use of a topographical survey; and

b. Not be artificially raised to gain additional structure height.

Figure 3-4 – Height measurement

D. Exceptions to height limits.

1. Architectural features. The height limitations established as development standards by this Zoning Ordinance (e.g., Tables 2-3 and 2-6) shall not apply to belfries, chimneys, church spires, cupolas and domes, distribution and transmission towers, flag poles, lines and poles, monuments, observation towers, radio towers, silos, smokestacks, television antennas, and masts and aerials, water towers, and windmills (see Figure 3-5 (Height Exceptions for Architectural Features) for examples).

Figure 3-5 – Height Exceptions for Architectural Features

2. Commission review and approval. In any residential zone, or in any zone that abuts a residential use, the construction or placement of any architectural feature identified in Subsection D.1 of this section shall, upon the recommendation of the Zoning Administrator, be subject to review and approval of a Use Permit by the Commission, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit) for a height above 30 feet.

3. Board of Architectural Review approval. Either the Zoning Administrator or the Commission may refer an application for an architectural feature identified in Subsection D.1 of this section to the Board of Architectural Review for review and recommendation of appropriate height limits and design.

4. Federal Communications Commission approval. Approval of any type of transmitting radio, television, or other antenna, except satellite dish antenna, shall require approval of the Federal Communications Commission (FCC) before installation of the antenna.

E. Height limit within traffic safety visibility areas. Development proposed adjacent to any public or private street or alley intersection, or the intersection of a driveway with a street shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety as depicted in Figure 3-6 (Required Traffic Safety Visibility Area).

1. Height limit. No structure, sign, or landscape element shall exceed the maximum height within the traffic safety visibility area as established by Table 3-1 or 3-2 under Section 17.30.020, unless approved by the Zoning Administrator, in consultation with the City Engineer.

a. Exception: Trees with the bottom canopy trimmed to a minimum of six feet above grade may be placed within the traffic safety visibility area.

b. Exception: Pole signs with a clearance of at least six feet measured from grade to bottom of sign cabinet.

2. Measurement of visibility area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public rights-of-way (see Figure 3-6).

a. Street intersections. The street visibility area shall be defined by measuring 30 feet from the intersection of the front and street side property lines, and connecting the lines across the property.

b. Driveways. The driveway visibility area shall be defined by measuring 15 feet along the driveway from the intersection of the driveway with the street right-of-way line, and 15 feet along the street line, away from the driveway, and connecting the lines across the intervening property.

(Ord. 1025 § 9, 2015)

17.30.040 Landscaping Standards

A. Purpose. The purpose of this section is to improve the physical appearance of property within the City, and to provide appropriate landscape buffers where necessary.

B. Landscaping required. All parts of a parcel not devoted to decks, patios, structures, and similar improvements, driveway and/or parking improvements, lighting, sidewalks, signs, and solid waste/recyclable materials collection and storage shall be landscaped in compliance with this section and this Zoning Ordinance. For purposes of this chapter, landscaped area shall be defined under the “Landscaping Standards” definitions of Article 7 (Glossary).

1. To conserve water, the installation of water-efficient and/or drought-tolerant landscape materials is strongly encouraged. Where projects are subject to the state Model Water Efficient Landscape Ordinance (Title 23 California Code of Regulations Section 490 et seq.), drought-tolerant and water-efficient landscaping and irrigation systems shall be installed in compliance with the provisions of the model ordinance.

2. New hardscapes installed on a site as part of a development project not included as pervious site landscaping should be designed as semi-impervious hardscape or direct stormwater runoff to retention or infiltration points on the site.

C. Landscaping standards.

1. Minimum dimensions. Each area of landscaping shall have a minimum interior width of five feet within the residential and commercial zones.

a. These dimensions may be reduced where the review authority determines they are infeasible because of limited site area.

b. Wherever this Zoning Ordinance requires a landscaped area of a specified width, the width shall be measured within any curb or wall bordering the landscaping area.

2. Protective curbing. Required landscaping shall be protected with a minimum six-inch-high concrete curb, except where adjacent to sidewalks, unimproved paths, bioswales or other low-impact development features, bicycle paths, or where otherwise deemed unnecessary by the Zoning Administrator to allow for stormwater discharge into landscaping areas.

3. Safety requirements. Landscape materials shall be located so that at maturity they do not:

a. Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic;

b. Conflict with overhead lights, utility lines, or walkway lights; or

c. Block bicycle or pedestrian ways.

4. Lawns. Lawns shall be limited to 50 percent of the total landscaped area on the site except where the applicant provides evidence, approved by the Board of Architectural Review, which demonstrates that the irrigation requirements of a larger lawn area will not exceed standard low water usage as established by the designated water district regulations for the site.

a. Lawns shall be prohibited:

(1) In any area of five feet or less in width; or

(2) On any slope exceeding 10 percent (25 percent, where other project water-saving techniques compensate for the increased runoff). A level buffer zone of 18 inches shall be provided between bermed lawn areas and any hardscape (e.g., any street, walkway, or similar feature).

b. The Board of Architectural Review may modify these requirements when it finds that water-saving techniques are applied or modifications to these standards would not cause excessive water use or increased runoff.

5. Water features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

6. Parking lots. See Section 17.34.110 (landscaping of parking lots).

7. Trees.

a. All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own and removed before damage could potentially occur to the tree trunk.

b. Tree root barriers shall be installed, as required by the City Engineer, where trees are placed within five feet of public improvements including walks, curbs, or street pavement or where new public improvements are placed adjacent to existing trees. The Board of Architectural Review may waive this requirement where the combination of soil conditions, root zone area, adjacent improvements, and selected tree species can be demonstrated to provide conditions for healthy tree growth that will not damage public improvements.

D. Screening requirements. See Subsection 17.30.020.G (Screening requirements).

E. Visual obstructions.

1. Landscaping that is primarily intended or designed for fencing purposes within a required front setback area or is located within a traffic safety visibility area (see Subsection 17.30.030.E, Height limit within traffic safety visibility areas) shall not be allowed to exceed the maximum height within the traffic safety visibility area as established under Tables 3-1 and 3-2, as measured from the top of the existing or proposed street curb. See also height limits for hedges and screening under Section 17.30.020 for additional standards.

F. Street tree requirements. The installation of street trees in the public right-of-way or on private streets may be required as a condition of approval by the Planning Commission or Board of Architectural Review in compliance with the following standards:

1. Location.

a. Street trees shall be planted in the public right-of-way where street trees are planned for installation under the City’s current Capital Improvement Program or an adopted specific plan or Master Plan on a private street between the street curb and abutting property line or as otherwise directed by the City Engineer.

b. Exception: Where site conditions do not allow the installation of the street trees as established by this section, trees may be located on private property within 10 feet of the property line along the street frontage.

2. Quantity.

a. The number of required street trees shall be calculated at the rate of one 15-gallon tree for every 30 feet of street frontage.

b. The installed tree spacing may be varied to accommodate site conditions or design considerations; however, the number of trees required for each street frontage on a lot bounded by more than one street shall be planted along the corresponding street frontage.

c. Where palm trees are proposed to satisfy this requirement, they shall be planted at a rate of one 10-foot brown trunk height palm for each 20 feet of street frontage.

d. The City Engineer may modify the number of required street trees for a project on a case-by-case basis.

3. A tree proposed, or required, to replace an existing mature specimen tree shall be transplanted from a minimum 24-inch box.

4. Protection.

a. All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own.

b. Where existing trees are required to be preserved, protective fencing shall be in place prior to the issuance of a Building Permit, and all new development shall be designed in a manner which respects the current drip lines.

5. Solar access. When trees are incorporated into an approved landscaping plan, they shall be planted in a manner which maximizes the provision of sunlight to nearby windows and/or solar collectors situated on site or on an adjoining property.

G. Irrigation system requirements.

1. All landscaped areas except those approved for maintenance with intentionally unirrigated native plants shall include an automatic irrigation system.

2. Water-efficient systems (e.g., bubbler-type, drip, mini-spray, or similar system) shall be used unless infeasible. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawn areas shall be sized and shaped so they can be efficiently irrigated. Spray or runoff onto paved areas shall be avoided.

3. Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., ground cover, lawn, shrub, tree areas) or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (50,000 plus square feet of landscaped area) to minimize or eliminate overwatering.

4. Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

5. Sprinkler heads shall have matched precipitation rates within each valve zone.

6. Check valves are required where elevation differential may cause low head drainage.

H. Responsibility of the Board of Architectural Review.

1. The Board of Architectural Review shall be primarily responsible for the review and approval of landscape plans and improvements within the City in compliance with Subsection 17.62.030.B (Applicability).

2. Prior to Building Permit issuance, all projects that require approval of landscape and/or irrigation plans shall receive Board of Architectural Review approval.

I. Changes to approved landscape plans. The Director may authorize minor changes to Board of Architectural Review approved landscape and irrigation plans where the Director can make the findings outlined in Section 17.64.090 (Changes to an approved project).

1. For purposes of this section, minor changes shall be defined as changes to the landscaping plans that are not visible and do not affect the theme or character established for the subject development project.

2. If the Director determines that a requested change does not comply with the definition of minor in Subsection J.1 of this section, the requested change may only be approved by the review authority that originally approved the landscaping plans, in accordance with Section 17.64.090 (Changes to an approved project).

J. Statement of surety. When required by the Zoning Administrator, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period in compliance with Section 17.64.070 (Performance guarantees). The Zoning Administrator may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions), and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.

K. Installation and inspection before occupancy. All landscaping approved by the Board of Architectural Review, in accordance with the applicability of Section 17.62.030 (Architectural review), shall be installed and inspected by a representative of the Planning Division before the City will allow occupancy of any structure or authorize the issuance of a Certificate of Occupancy.

L. Maintenance.

1. Landscape maintenance.

a. All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times, and free of weeds, debris, and deceased plants.

b. Landscaping located in a traffic safety visibility area shall be maintained in accordance with Subsection 17.30.030.E (Height limit within traffic safety visibility areas).

c. Trees required by this section shall be maintained so that all branches over pedestrian walkways are six feet above the walkway grade and so that all branches over vehicular travel ways are 16 feet above the grade of the travelway. All pruning shall comply with the standards of the National Arborist Association.

d. Deceased plant materials must be removed and replaced within one month with the same species and size specified in the Board of Architectural Review approved plans.

Exceptions: Trees that die three years or more after installation, or trees that are “topped,” shall be replaced by a minimum 24-inch box size container of the same species specified on the approved plans. Other types of plants that die three years or more after installation shall be replaced with a specimen two container sizes larger than that specified on the approved plans.

e. All fences and walls which have been incorporated into an approved landscaping plan shall regularly be maintained in an attractive and safe manner.

2. Irrigation system maintenance.

a. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this section.

b. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching lawn areas; adding/replenishing mulch, fertilizer, and soil amendments; and mowing, pruning, trimming, and watering all landscaped areas.

c. Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

d. All fences and walls which have been incorporated into an approved landscaping plan shall regularly be maintained in an attractive and safe manner.

3. Maintenance agreement required. Before final inspection or occupancy, and before the recordation of a final subdivision map where applicable, the applicant shall enter into a landscape maintenance agreement with the City to guarantee proper maintenance in compliance with Subsection L.1 of this section. The form and content of the agreement shall be approved by the City Attorney and the Zoning Administrator.

4. Water waste prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.

5. Enforcement. Failure to maintain landscape areas in compliance with this section shall be deemed a public nuisance, and shall be subject to abatement in compliance with the Municipal Code, and/or the applicable planning permit may be revoked in compliance with Chapter 17.80 (Enforcement and Penalties). (Ord. 1025 §§ 10, 11, 2015)

17.30.050 Moved Structures

A. Minimum standards. No structure, whether in use or formerly used for residential, commercial or industrial purposes, shall be physically moved from a parcel within the City, or from a parcel outside the City to a parcel within the City, unless the structure and its placement on a parcel of record complies with all minimum requirements of the applicable zone.

B. Permit requirements.

1. A Minor Use Permit application, filed in compliance with Section 17.62.070, shall be required to move a structure within the City.

2. Upon the filing of an application to move a structure, the Zoning Administrator shall refer the application to the City’s Building Official.

3. The Building Official shall request an inspection of the structure to be moved by a qualified individual who will prepare a report at the expense of the applicant for the moved structure concerning the integrity of the structure and any improvements which will be required to be made.

4. The Building Official may recommend denial of a Minor Use Permit if, in the Building Official’s opinion, the age, condition, or construction of the structure to be moved raises doubts as to its structural integrity or if the proposed structure to be moved is sufficiently heavy to cause damage to any street or pavement within the City.

C. Findings required for approval. The approval of a Minor Use Permit for a moved structure shall require that the Zoning Administrator first find, in addition to the findings required by Section 17.62.070, that moving the structure will have no detrimental effect on the living environment of the surrounding neighborhood or upon property values within the neighborhood. In making this determination, the Zoning Administrator may choose to refer any architectural plans for the structure to the Board of Architectural Review for review and comment.

17.30.060 Noise Standards

A. Purpose. This section implements the policies of the Noise Element of the General Plan, and provides noise mitigation standards that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B. Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:

1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;

2. Parks. Public agency sanctioned recreational activities and programs conducted in public parks;

3. Public health and safety activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests and/or protecting the public health, safety, and general welfare;

4. State or federal preempted activities. Any activity regulated by state or federal law; and

5. Solid waste collection. The authorized collection of solid waste and recyclable materials.

C. General standard. It shall be unlawful for any person to knowingly make, continue, or cause to be made or continued, any excessive, unnecessary, or unusually loud noise. More specifically, and in compliance with Section 9.12.030 (Specific prohibitions) of the Municipal Code, loud noise shall be prohibited before 7:00 a.m. or after 7:00 p.m. daily (except Saturday, Sunday, and holidays when the prohibited time shall be before 9:00 a.m. and after 7:00 p.m.).

D. Municipal Code compliance required. Chapter 9.12 (Noise Regulations) of the Municipal Code shall also regulate the noise generated from all uses, activities, and processes conducted within the City.

E. Noise source standards.

1. Stationary and transportation source noise level limitations.

a. No use, activity, or process within the City shall generate noise in excess of the levels identified by Tables 3-3 (Maximum Interior and Exterior Noise Standards) and 3-4 (Noise/Land Use Compatibility Matrix), as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4 at a height where a person is reasonably expected to be (e.g., ground level, upper floor balcony).

(1) If the measured ambient noise level exceeds the applicable noise level standard in any category shown in the tables, the applicable standards shall be deemed to equal the ambient noise level.

(2) If the noise source being evaluated is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in the tables.

b. Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a duration, pitch, repetition, tone, type, or volume that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.

TABLE 3-3 – MAXIMUM INTERIOR AND EXTERIOR NOISE STANDARDS
Land Use	Noise Standard (1)
Land Use	Exterior dB(A)	Interior dB(A)

Residential	65	45
Mixed Use Residential	70	45
Commercial	70	–
Office	70	50
Industrial	75	55
Public Facilities	70	50
Schools	50	50

Notes:

(1) In Community Noise Equivalent Level (CNEL).

TABLE 3-4 – NOISE/LAND USE COMPATIBILITY MATRIX – NOISE CONTOURS AND NOISE IMPACT AREAS
Land Use Category	Community Noise Equivalent Level CNEL, dB
Land Use Category	55		60	65	70	75	80

Residential – Single-Family, Multi-Family, and Duplex	A	A	B	B	C	–	–
Residential – Mobile Homes	A	A	B	C	C	–	–
Transient Lodging – Hotels and Motels	A	A	B	B	C	C	–
Hospitals, Libraries, Nursing Homes, Places of Worship, and Schools	A	A	B	C	C	–	–
Amphitheaters, Auditoriums, Concert Halls, and Meeting Halls	B	B	C	C	–	–	–
Amusement Parks, Outdoor Spectator Sports, and Sports Arenas	A	A	A	B	B	–	–
Neighborhood Parks and Playgrounds	A	A	A	B	C	–	–
Cemeteries, Golf Courses, and Riding Stables	A	A	A	A	B	C	C
Office and Professional Buildings	A	A	A	B	B	C	–
Banks, Commercial Retail, Restaurants, and Theaters	A	A	A	A	B	B	C
Industrial, Manufacturing, Service Stations, Utilities, and Wholesale	A	A	A	A	B	B	B
Agriculture	A	A	A	A	A	A	A

Notes:

A = Normally Acceptable – Specified land use is satisfactory based on the assumption that any structures involved are normal conventional construction, without any special noise insulation requirements.

B = Conditionally Acceptable – New construction or development may be undertaken only after a detailed analysis of the noise requirements is made and needed noise insulation features as included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice.

C = Normally Unacceptable – New construction or development shall generally be discouraged. If it does proceed, a detailed analysis of the noise reduction requirements shall be made and needed noise insulation features included in the design.

– = Clearly Unacceptable – New construction or development shall generally not be undertaken.

2. Intrusive noise. When intrusive noise sources have been identified through project review, the review authority shall require that the detrimental effects (sleep interference or the potential for annoyance) be disclosed to neighboring receptor properties.

3. Rhythmic, recurring, or impulsive noise sources. When noise sources have been identified to be rhythmic, reoccurring, or impulsive in nature or comprised mainly of music or speech, they may comply with applicable noise level criteria and still be annoying to individuals. These types of noise sources have been identified, they may be subject to additional mitigation or mediation, and shall be subject to the criteria in Table 3-3, with a –5 dB penalty applied to the criteria.

F. Standards for sensitive receptors. New noise-sensitive land uses as identified in Table 3-3 (Maximum Interior and Exterior Noise Standards) shall not be allowed where the noise level from existing nontransportation noise generators will exceed the noise level standards in Table 3-4, or where projected levels of transportation noise will exceed the levels specified in Table 3-4, unless effective noise mitigation measures are incorporated into project design to maintain outdoor and indoor noise levels on the receptor site in compliance with Tables 3-3 and 3-4.

1. New noise-sensitive uses. New construction and retrofits at existing structures shall include appropriate insulation, glazing, and other sound attenuation measures so that they comply with the standards in Table 3-3 (Maximum Interior and Exterior Noise Standards).

2. Mitigation required. Noise that may affect a proposed noise-sensitive land use shall be mitigated to not exceed the noise level standards in Table 3-3 (Maximum Interior and Exterior Noise Standards) at the property line of any noise-sensitive land use identified in Table 3-3. Appropriate mitigation measures include:

a. Noise attenuation measures, and stationary noise source controls shall include the use of baffles, barriers, enclosures, setbacks, silencers, site design, and improved facade construction techniques.

b. Where noise mitigation measures are required, mitigation shall occur primarily through site planning and project design, where feasible. The use of noise barriers shall be considered a means of achieving the noise standards only after all other practical design-related noise mitigation measures have been integrated into the project.

G. Acoustical analysis. Where the Zoning Administrator determines that a proposed project is a noise-sensitive land use, or may generate noise in excess of any limit established by Tables 3-3 (Maximum Interior and Exterior Noise Standards) or 3-4 (Noise/Land Use Compatibility Matrix) and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the planning permit application for the use shall include an acoustical analysis, which shall:

1. Be the financial responsibility of the applicant;

2. Be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics;

3. Include noise level measurements, with sufficient sampling periods and locations, to adequately describe local conditions and the predominant noise sources;

4. Estimate existing and projected cumulative (20-year) noise levels in terms of Ldn or CNEL and/or the standards of Table 3-3 (Maximum Interior and Exterior Noise Standards) and compare those levels to the requirements of this section and the policies of the Noise Element;

5. Recommend appropriate mitigation to achieve compliance with this section and the policies and standards of the Noise Element, giving preference to proper site planning and design over mitigation measures which require the construction of noise barriers or structural modifications to structures that contain noise-sensitive land uses;

6. Estimate noise exposure after prescribed mitigation measures are implemented; and

7. Describe a post-project assessment program that may be used to evaluate the effectiveness of the proposed mitigation measures.

H. Noise measurement. Exterior noise levels shall be measured at the property line of the noise-sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the A- weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.

17.30.070 Outdoor Lighting

Outdoor lighting on the site of a multi-family or nonresidential structure or use shall comply with the following requirements:

A. Maximum height. A freestanding outdoor light fixture shall be limited to a maximum height of 16 feet, measured from adjacent normal grade to the top of the fixture(s). The fixture shall be considered to be the highest portion of the light structure. When not located adjacent to a single-family residential zone, the Board of Architectural Review may grant exceptions to the maximum height of freestanding outdoor light fixture(s) with the finding that the proposed height is consistent with surrounding land uses and is compatible with the existing or proposed surrounding structures. Exceptions to the maximum height should not be made by the Board for proposed freestanding lights that are adjacent to single-family residential zones.

B. Energy efficiency. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater energy efficiency) fixtures and lamps.

C. Position of light fixtures. All lighting fixtures shall be properly directed, recessed, and fully shielded (e.g., downward and away from adjoining properties) to reduce light bleed and glare onto adjacent properties or public rights-of-way, by:

1. Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2. Confining glare and reflections within the boundaries of the subject site to the maximum extent feasible.

D. Maximum illumination. No lighting on private property shall produce an illumination level greater than one foot-candle on any property within a residential zone except on the site of the light source.

E. Backlighting, Uplighting and Glare (BUG) rating. All outdoor light fixtures are subject to the BUG rating limits established by the California Energy Code (CALGreen 5.106.8) prior to the issuance of an electrical permit.

F. No blinking, flashing, or high intensity. No permanently installed lighting shall blink, flash, flutter, or be of unusually high intensity or brightness, or change light brightness, color, or intensity, as determined by the Zoning Administrator.

G. New light fixtures on commercial buildings. Installation of new light fixtures on commercial buildings shall be subject to review and approval by the Board of Architectural Review.

Figure 3-7 – Outdoor Lighting

17.30.080 Performance Standards

A. Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the City and promote compatibility with adjoining areas and land uses.

B. Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Uses existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.

C. Air pollutants. No emission of air pollutants (fumes, gases, vapors, etc.) shall be allowed which would violate regional air quality standards.

D. Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations, Title 19.

E. Dust. Activities that may generate dust emissions (e.g., commercial gardening, construction, grading, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to the approval by the Zoning Administrator:

1. Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving, or planting) will occur as soon as possible.

2. Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.

3. Limiting the area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be minimized at all times.

4. Dust control. Dust emissions shall be controlled by watering a minimum of two times each day, paving, or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding).

5. Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than 30 days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained.

6. Containment. Appropriate facilities shall be constructed to contain dust within the site as required by the Zoning Administrator.

F. Ground vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the subject site, except for vibrations from temporary construction or demolition activities and motor vehicle operations.

G. Hazardous materials. An applicant for a proposed nonresidential development project that will involve the generation, use, transportation, and/or storage of hazardous substances shall comply with the following requirements:

1. The applicant shall notify the Fire Department of all hazardous substances that are to be stored, transported, treated, or that could be accidentally released into the environment on the subject site.

2. The planning application for the project shall include detailed information on hazardous waste reduction, recycling, transportation, and storage, and a plan for emergency response to a release or threatened release of a hazardous material.

3. The site shall be provided with secondary containment facilities and a buffer zone adequate to protect public health and safety on a site with hazardous materials storage and/or processing activities, as required by the applicable review authority.

H. Heat or light. Any operation producing intense heat or light (e.g., high temperature processes like combustion or welding) shall be performed entirely within an enclosed structure. Outdoor lighting shall comply with the requirements of Section 17.30.070 (Outdoor Lighting).

I. Liquid waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

J. Noise. No uses or activities shall be located or conducted and no equipment shall be installed in a way as to produce intense noise readily discernible without instruments at any point along the property line of the site. Noise emanating from the site shall be in compliance with Section 17.30.060 (Noise Standards).

K. Odor. No obnoxious odor or fumes shall be emitted by any use in the quantities that are perceptible without instruments by a reasonable person at any point along the property line of the site.

L. Radioactivity, electrical disturbance, or electromagnetic interference. None of the following shall be emitted:

1. Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or

2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

M. Public nuisances. No land or structure in any zone shall be used or occupied in any manner as to constitute any dangerous, injurious, noxious, or otherwise objectionable public nuisance. This would include objectionable nuisances because of explosive, fire, or other hazard; cold, dampness, glare, heat, electrical disturbance, or interference with television, radio or telephone; liquid or solid refuse and waste, or any other form of air, soil, or water contamination or pollution; noise or vibration; preserve of vermin; radioactivity; or smoke, dust, odor, or any other form of air pollution. Also see Section 17.30.110 (Solid Waste/Recyclable Materials Storage).

17.30.090 Public Improvement Requirements

The development of an approved project shall include the construction of improvements to each public street frontage of the site as required by the review authority in accordance with approved City Engineering Standards and as approved by the City Engineer. These on-site and/or off-site improvements may include the widening of an existing street and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of traffic control devices; the installation of drainage facilities as required by the City Engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Section 17.30.120 (Underground Utilities).

17.30.100 Setback Requirements and Exceptions

A. Purpose. This section provides standards for the location, required size, and allowable uses of setbacks. Setback standards provide open areas around structures for access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; space for privacy, landscaping and recreation; and visibility and traffic safety.

B. Setback requirements.

1. Minimum setbacks for all structures.

a. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zone, except:

(1) Where a different setback requirement is established for a specific land use by Article 4 (Standards for Specific Land Uses); or

(2) As otherwise provided by this section.

b. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.

2. Exemptions from setback requirements. The minimum setback requirements of this Zoning Ordinance do not apply to the following:

a. An architectural projection into a required setback allowed by Subsection E of this section (Allowed projections into setbacks).

b. A fence or wall six feet or less in height, when located outside of a front, street side setback, or traffic safety visibility area.

c. Any detached deck, earthwork, step, terrace, and other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point; with the exception of encroachments into the front setback (see Subsection F.2.a of this section). See also Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses) for accessory structure standards.

d. A sign in compliance with Chapter 17.40 (Signs).

e. A retaining wall less than 30 inches in height above finished grade. Refer to Subsection D.3 of this section (Retaining Walls) for retaining wall height requirements.

C. Measurement of setbacks. Setbacks shall be measured and applied as follows, except that the Zoning Administrator may require different setback measurement methods where the Zoning Administrator determines that unusual parcel configuration makes the following infeasible or ineffective (see Figure 3-8):

Figure 3-8 – Location & Measurement of Setbacks

1. Front setback. A front setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as modified below. The front property line shall be determined from the street frontage from which the property takes its street address and/or the property line to which the primary building entry faces. The Zoning Administrator, in consultation with the Building Official, shall determine the location of the front property line when in question.

a. Mapped street with plan line. If the City has established a plan line that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the plan line.

b. Infill development within previously approved project. Where the City has established specific setback requirements for individual vacant parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to development within the approved project instead of the setbacks required by this Zoning Ordinance.

c. Flag lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a setback line parallel to the lot line nearest to the public street or right-of-way.

2. Side setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear setbacks.

3. Street side setback. The side setback on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, edge of a right-of-way, or the inside edge of the sidewalk, or a plan line established as described in Subsection C.1.b of this section, whichever results in the greatest setback from the existing or future roadway.

4. Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line opposite the front property line, to the nearest line of the structure, establishing a setback line parallel to the rear property line.

a. The Zoning Administrator shall determine the location of the required rear setback on a double-frontage parcel.

b. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback.

D. Limitations on the use of setbacks.

1. Mechanical and utility equipment. See Subsection F.4 of this section (Setback requirements for specific structures).

2. Parking. Required covered and uncovered residential parking spaces shall not be located within required front or street side setback areas. Temporary (overnight) parking is allowable within required front and street side setback areas only on paved, concrete, or hard permeable surface driveways. See also Subsection 17.33.090.C (Location of parking).

a. Required residential parking spaces may be located within a required side or rear setback area, provided they are separated from the side or rear property line by a minimum three-foot-wide landscaped buffer other than the side used for vehicle access and are not located within any traffic safety visibility area in accordance with Subsection 17.30.030.E (Height limit within traffic safety visibility areas); the three-foot-wide landscape buffer shall not apply to an uncovered parking space located within a rear setback area which abuts an alley and is screened from the alley with a six-foot fence.

b. Parking spaces located within a detached garage or carport shall be subject to the minimum setback for an accessory structure in compliance with Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses).

c. Parking of other than passenger vehicles shall comply with the setback requirements of Section 17.34.150 (Parking of Other Than Passenger Vehicles).

3. Storage. No front or street side setback shall be used for the accumulation, placement, or storage of automobiles or other motor vehicles, storage containers/metal boxes, building materials, junk, machinery, or scrap, except for the following:

a. Automobiles and trucks, not in excess of one-ton capacity, regularly in use, that are parked on a designated driveway composed of concrete, asphalt, pavers or other surface approved by the Zoning Administrator.

b. A single recreational vehicle or boat may be allowed when stored in the rear yard or outside of a required front, side, or street side setback, and when screened by a six-foot-tall fence and/or landscaping element. See also Section 17.34.150 (Parking of Other than Passenger Vehicles).

c. Building materials required for construction on the parcel immediately before and during a construction project which has a valid Building Permit in force.

4. Storage of trailers in nonresidential zones prohibited. No trailer shall be stored or parked within any required front or street side setback area in any nonresidential zoning district except where limited display areas are authorized through Minor Use Permit approval in compliance with Section 17.62.070.

5. Structures. A required setback area shall not be occupied by a structure other than those identified by Subsection B.2 of this section, and as specified under Chapter 17.52 (Standards for Specific Land Uses).

E. Allowed architectural projections into setbacks. Where allowed in the applicable zone by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), an architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, street side, or rear setback in compliance with Table 3-5. See also Figure 3-8. These requirements do not apply to residential second units, which are instead regulated by Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses), or accessory structures, which are regulated by Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses). For definitions of terms used below, see “Architectural Projection” in Chapter 17.98 (Definitions).

TABLE 3-5 – ALLOWED ARCHITECTURAL PROJECTIONS INTO SETBACKS
Projecting Feature	Allowed Projection into Specified Setback
Projecting Feature	Front and Street Side Setback	Side Setback	Rear Setback

Awning, bay window, chimney/fireplace (6 feet or less in width), cornice, eave, greenhouse windows, gutters, roof overhang, or other similar projecting feature	3 ft	2 ft (1)	3 ft
Uncovered and unenclosed fire escape, exterior doorway landing, stairway, accessible ramp, or other similar uncovered and unenclosed feature	6 ft	2 ft (1)	6 ft
Uncovered and unenclosed aboveground (greater than 18 inches above grade) deck or second-story or higher cantilevered balcony	6 ft (3)	None	6 ft (3)
Uncovered and unenclosed ground level (less than 18 inches above grade) deck	6 ft	2 ft (1)	3 ft
Covered and unenclosed porch, patio, ground level deck, or other similar covered and unenclosed projecting feature	6 ft (2)	2 ft (1)	3 ft
Garage	None	None	2 ft (4)

Notes:

(1) Feature may project no closer than three feet to any side property line. Features that project less than five feet from the side property line are subject to approval by the Building Official.

(2) Projections of more than three feet into the front setback are subject to Board of Architectural Review approval; provided, that the width of the feature does not exceed 75 percent of the total width of the facade from which it projects.

(3) Projections of more than three feet into the front or rear setback are subject to Use Permit approval by the Planning Commission, compliance with Section 17.62.070 (Use Permit or Minor Use Permit). The Planning Commission may choose to refer such projections to the Board of Architectural Review for final design approval.

(4) A garage may encroach two feet into the required 15-foot rear yard setback when it is accessed from a 16-foot-wide alley.

Figure 3-9 – Examples of Allowed Projections into Side Setback

F. Setback requirements for specific structures.

1. Accessory structures. See Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses).

2. Decks and other site design elements.

a. Uncovered and unenclosed ground level (less than 18 inches above grade) decks or patios may project or extend to the front property line only if:

(1) A drainage plan is approved by the City Engineer; and

(2) The design of the deck is approved by the Board of Architectural Review.

b. Railings on decks located within the front or street side setbacks of a corner parcel shall receive approval of both the Board of Architectural Review and the City Engineer to determine whether traffic or safety hazards or impacts would be created. The maximum height of railings shall not exceed the maximum height for a fence, wall, or landscape element as established by Section 17.30.020 (Fences, Walls, Hedges, and Screening).

c. A detached aboveground deck, freestanding solar device, steps, terrace, or other site design element that requires a Building Permit shall comply with the setback requirements of this Zoning Ordinance for detached accessory structures (see Section 17.52.220, Residential Accessory Buildings, Structures, and Uses).

d. Decks may not be used to meet off-street parking requirements.

3. Fences. See Section 17.30.020 (Fences, Walls, Hedges, and Screening).

4. Mechanical, electrical, and utility equipment. Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zone. Examples of this equipment include: heating, ventilation, and air conditioning; swimming pool pumps and filters, and similar equipment; and transformers, cable television distribution boxes, and similar utility equipment that is not underground. The Zoning Administrator may approve an exception to this requirement by Zoning Clearance within a required side or rear setback area, where there is no feasible alternative location that complies with the setback requirements of the zone and the screening requirements of Subsection 17.30.020.G.

5. Swimming pools, hot tubs, and spas. See Subsection 17.52.220.J.2.c (Swimming pools, hot tubs, or spas). (Ord. 1025 § 12, 2015)

17.30.102 Solar Collectors

The installation of solar hot water and/or solar electricity energy systems collectors on a roof or side of a building is permitted in all zones; provided, that the collectors comply with maximum height limit requirements of the applicable zone; and ground-mounted solar collectors comply with the setback requirements and height limitations of the applicable zone. The installation of solar collectors shall be subject to the issuance of a Building Permit.

17.30.110 Solid Waste/Recyclable Materials Storage

A. Purpose. This section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).

B. Multi-family projects. Multi-family residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas as follows (see Table 3-6).

1. Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material.

2. Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multi-family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-6 – MULTI-FAMILY DEVELOPMENT – MINIMUM STORAGE AREA
Number of Dwellings	Minimum Area Required in Square Feet
Number of Dwellings	Solid Waste	Recyclables	Total Area

5 – 7	12	12	24
8 – 15	24	24	48
16 – 25	48	48	96
26 – 50	96	96	192
51 – 75	144	144	288
76 – 100	192	192	384
101 – 125	240	240	480
126+	Each additional 25 dwellings shall require an additional 100 sf for solid waste and 100 sf for recyclables.

C. Nonresidential structures and uses. Nonresidential structures and uses within all zones shall provide solid waste and recyclable material storage areas. The following (Table 3-7) are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet. Based on existing site constraints and unique topographical features, exceptions may be granted by the Zoning Administrator subject to the issuance of a Minor Use Permit.

TABLE 3-7 – NONRESIDENTIAL STRUCTURES – MINIMUM STORAGE AREA
Building Floor Area	Minimum Area Required in Square Feet
Building Floor Area	Solid Waste	Recyclables	Total Area

0 – 5,000 sf	12	12	24
5,001 – 10,000 sf	24	24	48
10,001 – 25,000 sf	48	48	96
25,001 – 50,000 sf	96	96	192
50,001 – 75,000 sf	144	144	288
75,001 – 100,000 sf	192	192	384
100,001+ sf	Every additional 25,000 sf shall require an additional 48 sf for solid waste and 48 sf for recyclables.

D. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

1. Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage areas shall not be located in a required front or street side setback, parking area, landscaped or open space area, or areas required by the Municipal Code to be maintained as unencumbered, unless there are no alternatives and the proposal is approved by both the Health Officer and the Board of Architectural Review. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the Zoning Administrator.

2. Storage areas shall be accessible to residents and employees. Storage areas within multi-family residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve.

3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage areas shall be directly accessible to the alley.

E. Design and construction.

1. The design and construction of the storage areas shall:

a. Be architecturally compatible with the surrounding structures;

b. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

c. Provide a concrete pad within the fenced or walled areas and a concrete apron which facilitates the handling of the individual bins or containers;

d. Provide all nonresidential structures and uses with a hot water hose bib and floor drain connected to the public sanitary sewer and equipped with a City standard grease trap as required by the county health department for food service establishments, to allow cleaning of the storage bins/cans and waste storage areas;

e. Provide closed containers and/or containers with secure lids for the waste products capable of preventing their unauthorized transfer either outside the required enclosure area or off site;

f. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

g. Provide a suitably designed and constructed enclosure which is:

(1) Surrounded by a six-foot-high solid decorative fence or wall on three sides and on the fourth side (the side accessible to the users) with a suitably constructed wall that provides for enclosure while at the same time allows the users to be able to empty the materials into the bins or containers. Solid doors, meeting the aforementioned height requirements, shall also be provided on only one side to ensure that the enclosure completely conceals the stored material from surrounding land uses.

(2) Properly sized based on the nature of the proposed use(s) it is designed to serve and measures at least eight feet by 10 feet, unless certification has been provided by a local refuse disposal firm that a smaller enclosure area will be satisfactory. In no case shall the areas measure less than six feet by six feet.

2. The design and construction of the fences, walls, and doors shall be subject to the approval of the Zoning Administrator.

17.30.120 Underground Utilities

A. New utility installations. All newly constructed public utility service lines (for example, water and sewer lines, electricity service, cable television, telecommunications lines, etc.) shall be installed underground.

B. Existing on-site facilities. All development including new construction on a vacant or cleared site, greater than 50 percent exterior wall removal or reconstruction, and greater than 50 percent addition or expansion to an existing building footprint shall provide underground utilities on the entire project site at the time of development. Utilities include all on-site electric and telephone facilities, cable television, fire alarm conduits, lighting wiring, and other wiring conduits and similar facilities.