Chapter 25.50 GENERAL YARD AND OPEN SPACE PROVISIONS

On Lots Containing a Street or Thoroughfare Plan Line. Whenever the city council has adopted a precise street plan, and a street plan line falls on a given lot, the yards required by the provisions of this title for that lot shall be measured perpendicular from such street plan line.

On Lots Containing No Street Plan Line. Yards shall be measured perpendicular from the property line where there is no street plan line on the lot.

The board of adjustment may determine the application of yard requirements of this title to irregularly shaped and oddly located lots such as those resulting from curved or angular street layouts, triangular or gore-shaped corner lots, trapezoidal lots, and lots with more than four lot lines.

Whenever the board of adjustment has by resolution determined the application of this title to a particular type of lot or situation, said resolution shall also govern the application of the title to all other similar lots or situations without the necessity of again presenting such similar case to the board of adjustment, and the director of planning and development may issue permits in keeping therewith.

(Ord. 811 § 1, 1974)

§ 25.50.004 Building setback lines.

In any case where a building setback line appears on the district setback map, the space between such building setback line and the property line shall constitute the required yard in lieu of such front, side or rear yard otherwise described for the zone. The city, when the planning commission deems it necessary and desirable due to the topography or depth of the lot or lots, may by ordinance establish building setback lines for any lot.

Building Setbacks on or Adjacent to the Pacific Ocean and Beaches. There is established building setback lines along the ocean frontage of all property within the city fronting up and adjacent to the Pacific Ocean and its beaches, as provided in this subsection, and no building, structure or improvements shall be erected or constructed after the effective date of the ordinance codified in this section on the sandy portion of any beach except that which is determined by the city council to be necessary for the public health, safety and welfare. In addition, no building, structure or improvement shall be erected or constructed after the effective date of the ordinance codified in this section on the oceanward side of the following building setback lines:

Except as provided in subdivisions (2), (3) and (5) of this subsection, the oceanfront building setback line on all oceanfront property within the city is fixed and established as the line drawn through the points where the plane of elevation twelve feet above the mean sea level touches the land mass (other than beach sand) of the particular parcel involved.

Except as provided in subdivisions (3) and (5) of this subsection, the oceanfront building setback line on all oceanfront property situated between Thalia Street and Bluebird Canyon Drive is fixed and established as the line drawn through the points where the plane of elevation thirteen feet above mean sea level touches the land mass (other than beach sand) of the particular parcel involved.

Except as provided in subdivision (5) of this subsection, the oceanfront building setback line on all oceanfront property situated between Laguna Avenue and Thalia Street is fixed and established as the line drawn through the points where the plane of elevation fourteen feet above mean sea level touches the land mass (other than beach sand) of the particular parcel involved.

(4)

In addition to (1), (2) and (3) above, no new building, additions to existing buildings, or structures or improvements shall encroach beyond the applicable building stringline or shall be closer than twenty-five feet to the top of an oceanfront bluff; the more restrictive shall apply. Greater setback may be required by the city engineer or building official in order to protect the public health, safety or welfare. Pools and spas shall be no closer than twenty-five feet to the top of bluff. Public accessways shall be exempt from this provision.

An "oceanfront bluff" is an oceanfront landform having a slope of forty-five degrees or greater from horizontal whose top is ten or more feet above mean sea level.

(i)

In cases where an oceanfront bluff possesses an irregular or multiple slope condition, the setback will be taken from the most inland forty-five degree or greater slope.

(ii)

In cases where the landform constitutes an oceanfront bluff whose slope is less than forty-five degrees, a determination as to whether or not the specific landform is subject to this provision shall be made by the director of community development.

The building stringline averages the setback of oceanfront buildings on both adjacent sides of coastal lots and is defined as follows: The stringline setback shall be depicted as a line across a parcel that connects the oceanward ends of the nearest adjacent walls of the main buildings on adjacent lots. Posts or columns that extend to grade from upper story decks, balconies, stairways and other types of similar features shall not be used to define the building stringline criteria.

(i)

In the event that there is no applicable stringline on adjacent oceanfront lots, the setback shall be at least twenty-five feet from the top of an oceanfront bluff.

(ii)

Only in such cases where the design review board determines that the stringline is significantly more restrictive that the twenty-five foot setback may the board modify the required building setback, provided it determines that unique conditions relating to landform, lot orientation or excessive building setbacks on an adjacent property prevent or severely restrict residential development that otherwise meets the intent of the zoning code.

(c)

A deck stringline may be used to establish a setback for decks. The deck stringline setback shall be depicted as a line across a parcel that connects the oceanward ends of the decks on main buildings on adjacent lots.

(d)

Building Projection Setback.

(i)

Balconies, patios or decks in excess of thirty inches above the finished grade, including patio deck covers, and other similar architectural features may project a maximum of five feet beyond the applicable building setback or to the applicable deck stringline, whichever is least restrictive. In no case shall such projections be closer than ten feet to the top of an oceanfront bluff.

(ii)

Decks, patios and other similar improvements that are thirty inches or less above finished grade shall not encroach closer than ten feet to the top of an oceanfront bluff.

(5)

Permitted projections into required yards as specified in Section 25.50.008 are not allowed within the required oceanfront setback areas.

Building Setbacks Adjacent to Public Parks. All structures, except fences, on all properties adjoining public parks shall observe a minimum ten-foot setback from such park, or that yard setback as provided elsewhere in this title, whichever is greater.

Exceptions—Additional Building Setbacks. Where portions of a new building or additions to a building attain a height in excess of fifteen feet above the natural grade of the required front or rear setback, such portions shall maintain, in addition to the required building setback, an additional foot of distance for every foot of height in excess of fifteen feet. Additional building setback datum shall be measured at every point along the setback line.

Front Yards—Reduced Building Setbacks Allowed.

Where the elevation of the natural grade at the midpoint of a line lying parallel to the front lot line and forty feet therefrom within the lot is ten feet or more above or below the curb elevation opposite the midpoint of the front lot line, the front yard may be reduced to ten feet, and may be further reduced to five feet for a required garage or carport, provided that such garage or carport may not extend along the front of the lot for a distance greater than twenty-five feet and provided that the garage maintains, in addition to the required setback, an additional foot of distance for every foot of height in excess of ten feet, as measured from the garage finished floor. Where there is no curb, the elevation of the centerline of the traveled way shall be substituted for the curb elevations, which elevation shall be measured opposite the midpoint of the front lot line.

An enclosed space beneath a garage or carport floor and extending into a required front yard may be used for storage, mechanical area or extension of the main living area.

Front and Rear Yards on Shallow Lots. On lots with an average depth of less than one hundred feet, the required front or rear yard need not be more than twenty percent of such average depth; provided, however, that in no event shall any such yard be reduced to less than ten feet. The application of this provision shall be either the front or the rear yard, but shall not be applicable to both.

(F)

Side Yards.

Required side yards in excess of four feet may be distributed to one side yard, providing the total width of both side yards is equal to or greater than the sum of the required side yards.

Side yards shall not be used for accessory buildings, clotheslines, air conditioning and pool equipment, the storage of trailers, boats, campers, or the storage of any materials, nor shall the yard be used for the regular or constant parking of automobiles or other vehicles, except for the required additional parking space for single-family and two-family residences when approved by the design review board in accordance with Section 25.52.012(F). Side yards in conformance with minimum Uniform Building Code requirements shall be maintained at all times.

Accessory Buildings in Side Yards.

A garage or carport permitted to be located five feet from the front lot line because of the slope of the lot (see subsection (D)) need not observe the required side yard if its wall adjacent to the side lot line will be at least two-thirds below the natural ground level of the adjacent yard, and the top of the wall will be not more than four feet at any point above said yard level.

On a corner lot or reverse corner lot, main buildings and detached accessory buildings adjacent to the street will maintain a side yard equivalent to the front yard of the adjacent lot whose front lot line is a continuation of the side lot line of the corner lot or reverse comer lot, except that such yard may be reduced to ten percent of the lot width.

(Ord. 811 § 1, 1974; Ord. 832 §§ 21, 22, 23, 1975; Ord. 1187 § 3(5), 1989; Ord. 1223 § 1, 1991; Ord. 1354 § 2, 1999; Ord. 1416 § 14, 2002)

§ 25.50.005 Building Height.

No new building, additions to existing buildings, or structures shall have a height greater than 30 feet when measured from the finished or natural grade, whichever is more restrictive.

The above height requirement may be modified by the design review board when it is determined that the unique topography and/or site conditions make such modifications unavoidable and when the proposed development preserves and maintains viewsheds, air, light, privacy, and neighborhood character, minimizes building mass and bulk and, where applicable, is consistent with the City's Design Guidelines for Hillside Development as adopted by Resolution No. 89-104 or as amended thereafter.

(Ord. 1187 § 3(5), 1989)

§ 25.50.006 Corner cutback areas.

The following regulations shall apply to all intersections of streets, alleys and/or driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction by structures, landscaping, fences or otherwise within the cutback areas established herein. In hillside areas, corner cutback treatment shall include such finish grading as may be necessary to provide for reasonable intersection visibility.

Streets, Alleys and Driveways. There shall be a corner cutback area at the intersecting and intercepting streets and/or alleys and on each side of any driveway intersecting a street. The cutback line shall be horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. The line shall pass through a point not less than seven feet from the edge of the street, alley or driveway where it intersects the other street or alley right-of-way.

§ 25.50.008 Permitted projections into required yards.

Irregular Lots. Where, due to an irregular lot shape or acute angle driveway, a line at a forty-five degree angle does not provide for intersection visibility, or does not meet the intersecting street or driveway line, the corner cutback shall be defined by a line determined to be that necessary to provide a safe line of sight. Persons approved by an administrative decision determining a safe line of sight may request an interpretation from the planning commission.

(Ord. 811 § 1, 1974; Ord. 832 § 24, 1975)

Cornices, eaves, belt courses, balconies, greenhouse and bay windows (as defined in Section 25.50.008(E) below) or similar architectural features may cantilever into a required front or rear yard a distance equal to twenty percent of the required front or rear yard. Architectural features (exclusive of balconies) may cantilever into a required side yard a distance equal to forty percent of the required side yard; however, in no event shall any eave, belt course, be constructed less than two and one-half feet, or four feet in the case of green house or bay windows, including the window in an open position, from the side property line, or less than five feet from any other cornice, eave, belt course, greenhouse or bay windows or similar architectural feature on the same lot.

A chimney or fireplace may extend or project into a required front, side or rear yard for a total distance of not to exceed twelve inches, provided that such projection does not extend along the length of such yard a total distance of more than six feet and does not extend closer than three feet to a side property line.

Uncovered porches, patios, graded (fill) terraces, landing places or unenclosed and uncovered outside stairways which do not extend above the level of the first or ground floor of the building and not more than three feet above the natural grade of the ground may extend or project into any required minimum yard for a total distance of not more than six feet, but in no case closer than three feet to an interior side lot line.

Note: Porches, patios, graded (fill) terraces, landings or stairways which are covered or enclosed shall be considered as part of the building and shall not be permitted to extend into the required yards.

Underground fallout or radiation shelters entirely below grade and covered by an earth mound projecting not more than three feet above natural grade may project into any required yard. Such structures shall not, however, be closer than three feet to any property line, nor project beyond any street plan line.

Greenhouse or Bay Windows. The window projection does not begin less than eighteen inches from the floor or extend more than eighteen inches from the building wall face; and, the window projection returns to the building wall face at a height not greater than the top plate of the wall containing the window projection.

(Ord. 811 § 1, 1974; Ord. 969 § 3, 1979; Ord. 1223 § 1, 1991; Ord. 1283 §§ 1, 2, 1994; Ord. 1416 § 16, 2002; Ord. 1659 § 7, 2021; Ord. 1677 § 7, 2022)

§ 25.50.010 Open space requirements.

Where required in this title, excluding the R-1 zone, open space shall meet the following standards:

It shall contain a minimum area of forty percent of the total gross living area on the lot;

At least sixty percent of the total area required shall be located at ground level and shall be open from ground to sky;

It shall be contained entirely within the buildable area of the lot (as defined by the property development standards of the applicable zone exclusive of Chapter 25.50);

It shall not include land or structures devoted to parking, storage, trash areas, driveways or other uses, except those uses normally considered as outdoor living: decks, patios, terraces, atriums, gardens, ornamental and natural landscaped area, barbecues, athletic areas, and similar active and passive outdoor living and recreation space;

§ 25.50.012 Fences, walls, hedges, latticework and screens.

At least one-quarter of the open space requirement shall be immediately accessible to each living unit on the lot and shall be designed to be used primarily for the occupants of the living unit;

(F)

To qualify as open space, the minimum dimension must be six feet, or ten feet if the area is designed for through pedestrian traffic or access.

(Ord. 811 § 1, 1974; Ord. 832 § 25, 1975; Ord. 1187 § 3(5), 1989; Ord. 1416 § 17, 2002)

Required Fences and Walls. A solid wall or fence not less than five feet above the finished grade adjoining the fence outside the yard shall be provided to enclose any unattended swimming pool to which access could be gained from a street, alley or other parcel. The fence shall have self-closing gates at least five feet high with self-latching mechanism. Latches shall be installed at least four feet above ground level.

Permitted Fences, Walls, Hedges, Latticework and Screens.

Fences, walls, hedges, latticework or screens not more than four feet in height may be erected, installed or maintained within the front yard, except that on a corner lot a fence or wall no higher than three feet shall be permitted within the front yard. Fence height shall be determined as the height of the top of the fence above the natural grade immediately adjacent to the location of the fence. Hedges may exceed the maximum allowable fence heights in the front yard, unless a hedge height claim has been filed against the property containing the hedges and such hedges have been found by the city to create a safety hazard and/or obstruct views from or sunlight to an adjacent property, as set forth in Chapter 12.14.

Approval of hedge heights greater than three feet on corner lots shall not include hedges or any portion of hedges located within any corner cutback area, as described in Section 25.50.006, nor higher than two and one-half feet within an intersection corner cutoff as described in Chapter 11.30.

Decorative features such as fence posts, brick or stone columns may extend up to twelve inches above the maximum allowable height within the front yard subject to design review as provided for in Section 25.05.040.

Barricades, railings and security fencing required by the building code are permitted in any yard.

Fences, walls, hedges, latticework or screens not more than six feet in height may be erected, installed or maintained within the side and rear yards of any lot, provided such fences, walls, hedges, latticework or screens do not project into the front yard. The fence height of this paragraph shall apply to the height of a retaining wall consistent with the permitted projection requirements in Section 25.50.008, the purpose of which is to create a graded (fill) terrace. Fence height shall be determined as the height of the top of the fence above the natural grade immediately adjacent to the location of the fence. Hedges may exceed the maximum allowable fence heights in the side and/or rear yards, unless a hedge height claim has been filed against the property containing the hedges and such hedges have been found by the city to create a safety hazard and/or obstruct views from or sunlight to an adjacent property, as set forth in Chapter 12.14.

(4)

The fences, walls, hedges or obstructions required or permitted by this subsection shall be equipped with gates or openings of at least three feet in width so as to provide free access completely around all main buildings and shall not be so located as to constitute in the opinion of the director of community development a hazard to traffic on public rights-of-way, streets or alleys.

(5)

Chain link fences and other metal fences in residential areas are subject to design review.

(6)

Pedestrian entry features which only includes arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard subject to design review as provided for in Section 25.05.040 and the following standards:

The maximum height shall not exceed eight feet;

The maximum pedestrian entry width shall not exceed six feet;

(c)

The maximum width of each side of the pedestrian entry for which there is proposed an architectural transition from the nominal fence height shall not exceed three feet.

(Ord. 811 § 1, 1974; Ord. 832 § 26, 1975; Ord. 1078, 1985; Ord. 1223 § 1, 1991; Ord. 1271 § 1, 1993; Ord. 1418 § 4, 2002; Ord. 1540 § 1, 2010; Ord. 1548 §§ 1—4, 2011; Ord. 1659 § 8, 2021; Ord. 1677 § 8, 2022)

§ 25.50.014 Space between buildings.

Between adjacent portions of two main buildings on the same lot, there shall be a space equivalent to twenty-five percent of the combined building heights of the two adjacent portions. For the purposes of this subsection, building height shall be measured from the grade along the wall of a building to the top of the roof, but only portions of buildings within twenty-five feet of such space shall be considered in computing height and corresponding distance between buildings. Projections into this space may be allowed subject to the provisions of Section 25.50.008(A) through (E).

No accessory building shall be closer than ten feet to any other building maintained on the lot.

(Ord. 811 § 1, 1974; Ord. 832 § 27, 1975; Ord. 1223 § 1, 1991)

§ 25.50.016 Swimming pools and spas.

A swimming pool or spa and its accessory equipment shall not be located in the required front yard, nor closer than five feet from any side or required rear property line, except that on lots having a slope of twenty-five percent or greater over the rear one-half of such lots, the swimming pool or spa itself may be permitted to within ten feet of the front property line.

(Ord. 811 § 1, 1974; Ord. 832 § 28, 1975; Ord. 1400 § 7, 2002)

§ 25.50.018 Through lots.

A through lot as defined in Chapter 25.08 shall provide front yards of the depth required by the zone. Such front yards shall be maintained along each street frontage. A through lot shall have no required rear yard. The front yard provisions of the zone shall apply to each front yard.

(Ord. 811 § 1, 1974)

§ 25.50.020 Oceanfront lots.

A single parcel of land which may be legally described as such or may be one of two or more numbered lots or parts of lots in a recorded plat, meeting all conditions set forth in Section 25.08.022, as amended, shall also include the following:

A parcel of land extending from a dedicated and improved street through to the Pacific Ocean;

A parcel of land qualifying as an oceanfront lot is permitted the flexibility of locating accessory structures on any portion of such lot, provided that the yards required by this title are maintained.

Building site coverage shall be calculated using the following formula:

Building Site Coverage (%)

= 35 +

(8,000-A) x 9

4,000

Where A = lot area as calculated using the building setback lines described in Section 25.50.004(B)(1), (2) and (3) or the oceanfront bluff whichever is more restrictive. Where A is less than four thousand square feet, the site coverage shall not exceed forty-four percent of A. Where A is eight thousand square feet and over, site coverage shall not exceed thirty five percent of A.

(Ord. 811 § 1, 1974; Ord. 1416 § 18, 2002)

§ 25.50.030 Significant watercourses.

Identification and Definitions. Significant watercourses are those which are depicted on the city's environmentally sensitive areas map. Significant watercourses include significant natural watercourses and significant modified watercourses.

"Significant natural watercourses" are those that are in their natural condition and which serve a distinct functional scenic or ecological purpose. As applied, ecological purposes include those related to wildlife habitats, particularly feeding, watering and breeding areas; and biotic habitat areas. Scenic purposes include those related to view corridors, density relief or general aesthetic appeal. Functional purposes include those related to hydrologic considerations.

"Significant modified watercourses" are those that have been altered from their natural condition, but which continue to serve a distinct functional, scenic or ecological purpose as set forth under subsection (A)(1). Significant modified watercourses include those that have been channelized, piped, culverted or otherwise improved or diverted. Significant modified watercourses are typified by the continuing presence of a topographic swale or depression and the ability to conduct overflow runoff. Significant modified watercourses that are restored may qualify for redesignation as natural watercourses.

Demolition/Deletion Process. Proposals to add or delete watercourses from the environmentally sensitive areas map, or to change the status of significant watercourses shall be reviewed by the planning commission. Public notice shall be subject to the provisions of Sections 25.05.065 and 25.07.026. The planning commission shall make its determination based on its assessment of the watercourse as it relates to the criteria listed in subsection (A); provided, however, that a significant watercourse can be deleted only if it is determined that it no longer serves a distinct functional, scenic or ecological purpose. The decision of the planning commission may be appealed to the city council pursuant to Section 25.05.070.

Alterations Prohibited. Significant natural watercourses may not be filled in, diverted, culverted, lined or otherwise altered, except as necessary to enhance its natural characteristics or its functional or ecological purpose, or in the interest of public safety as determined and approved by the city engineer.

Setbacks.

Extent. A setback of twenty-five feet shall be maintained from both sides of the centerflow line (as determined and approved by the city engineer) of significant watercourses. The setback may be increased in the interest of protecting or mitigating stated environmental concerns as approved by the director of community development.

Disturbance of Vegetation Prohibited.

No disturbance of the native vegetation within an established watercourse setback area is permitted at any time, except as part of a fuel modification program approved by the director of community development.

The design review board may approve landscape programs within established setbacks designed to enhance or restore native riparian vegetation or the aesthetic character of the watercourse.

Building and Structures Prohibited. No building or structure may be placed in an established setback from a significant watercourse, except for bridge structures for access purposes. Extension of decks, balconies and other portions of a structure are permitted to extend over an established setback, provided:

There are no supports to the ground within the setback area;

The extensions may encroach no closer than fifteen feet in horizontal distance to the centerflow line of the watercourse.

(4)

Encroachment Variances. Variances for the purpose of placing a building or structure within an established watercourse setback area, other than as permitted in subdivision (3) of this subsection may be granted only when the following findings are made in addition to those listed in Section 25.05.025(F).

The proposed encroachment will act to preserve, enhance or restore the significance of the watercourse.

The proposed encroachment is not likely to impair the functional, scenic and ecological purposes of the watercourse.

(5)

Encroachment variances shall be subject to the conditions that no physical disturbance of the watercourse shall occur at any time; and that, where feasible, specified native riparian vegetation shall be replanted where disturbance of vegetation occurs during construction.

Design Review.

Design Review Required. All new development as specified in Section 25.05.040(B)(1) proposed on lots located wholly or partially within an established watercourse setback area shall be subject to design review. This requirement shall apply to development that would otherwise be exempt from design review pursuant to Section 25.05.040(B)(2); provided, however, that the review of development under such circumstances shall be limited to those features considered by the design review board to be related to the protection and aesthetic quality of the watercourse.

Exemption. Development proposals on lots in the R-1 zone that support existing development and which are subject to design review only by reason of subdivision (1) of this subsection may be exempted from design review if the director of community development determines that the project is not likely to have any adverse environmental impacts on the watercourse and their restoration of the watercourse, if altered or disturbed, is not feasible and appropriate. In granting such exemptions, the director of community development may invoke conditions as determined necessary for the protection of the watercourse.