This division expands upon the standards of Division 2 (Zoning
Districts and Allowable Land Uses) by addressing the details of site
planning and project design. These standards are intended to ensure
that all development:
A. Produces
an environment of stable and desirable character;
B. Is
compatible with existing and future development; and
C. Protects
the use and enjoyment of neighboring properties, consistent with the
General Plan.
(Ord. 3677 § 1, 2004)
The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 20.61 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Division
2 (Zoning Districts and Allowable Land Uses), and those in Division
4 (Standards for Specific Land Uses). If there is a conflict, the standards in Division
4 shall control.
(Ord. 3677 § 1, 2004)
A. Purpose.
This section requires minimum setbacks from waterways for new structures,
to provide reasonable protection to owners of riparian property and
the public from the hazards of stream bank failures and flooding,
while allowing owners of property near waterways reasonable use of
and the opportunity to improve their properties consistent with general
safety.
B. Applicability.
No structure, including buildings of any type, including overhangs,
cantilevered portions, second story additions to single-story structures,
swimming pools, including prefabricated swimming pools, driveways,
streets, parking areas, patios, platforms, decks, fences, liquid storage
tanks, mobile homes, broken concrete rubble, earth fill or other structural
debris fill, or retaining walls, shall be placed within the creekside
setbacks required by this Section.
1. Existing structures. An existing, lawfully constructed structure that is located within a setback required by this Section is subject to the requirements for nonconforming structures in Chapter
20-61 (Nonconforming Uses, Structures, and Parcels).
2. Exceptions.
This section shall not apply to: Paved or unpaved trails, both private
and public, Storm drainage, erosion control, and creekbank stability
improvements that have been approved as required by law by the governmental
agencies having jurisdiction over them.
3. Design guidelines. See also Section
4.4 (Creeks, Riparian Corridors, and Storm Drainage) of the City's Design Guidelines.
C. Definitions. Definitions of the technical terms and phrases used in this section may be found in Division
7 (Glossary), under "Waterway."
D. Creekside
setback requirements.
1. Waterway
with defined bank. The exterior boundary of the setback area on each
side of a natural or modified natural waterway shall be 50 feet from
the top of the highest bank on that side of the waterway, as determined
by the Director. When the bank of a natural or modified natural waterway
is steeper than 2.5:1, the exterior setback boundary shall be measured
by the projections of a slope of 2.5:1 from the toe of the stream
bank to ground level, plus 50 feet. See Figure 3-1.
2. Waterway
without defined bank. The exterior boundary of the setback area adjacent
to the side of a natural or modified natural waterway, where the top
of the stream bank is not defined, shall be 50 feet, measured horizontally,
from the established 100-year storm freeboard level. See Figure 3-2.
Figure 3-1 – Setback with defined bank (see exceptions
Section 20-30.040.D.4.)
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Figure 3-2 – Setback without defined bank (see exceptions
Section 20-30.040.D.4.)
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3. Channelized
waterway. Where a fully channelized waterway exists, structures may
be closer to the top of the bank than a distance of 2.5 times the
depth of the bank plus 50 feet, subject to the following standards:
the setback encroachment will not obstruct or impair the channel's
hydraulic functions; impede City or Sonoma Water access or maintenance
of the channel; impair the stability of the slope, bank, or maintenance
of the channel; or impair the stability of the slope, bank, or creekbed
fountain, all as determined by and approved by the Planning and Economic
Department, the Water Department, and additionally Sonoma Water for
projects adjacent to Sonoma Water owned or controlled channelized
waterways.
4. Exceptions.
a. The setbacks required in Section
20-30.040 shall be 30 feet for existing properties or adjacent areas within the City that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.
b. The setbacks required in Section
20-30.040 shall be 30 feet for new development that is surrounded by existing structures that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.
c. Setbacks for accessory dwelling units shall be provided consistent with Section
20-42.130 Accessory dwelling units.
E. Bridges
and utilities within setback areas. Bridges for motor vehicles, pedestrians,
and/or bicycles, and/or public utility infrastructure may cross through
a waterway setback area and over or under its channel, provided that
the installation has received all required approvals from the City.
"Bridges" as used in this subsection includes the segments of the
street connecting with the ends of the bridge and the use of box culverts
to contain the waters of a waterway for a street overcrossing.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 5; Ord. 2021-012 § 19)
A lot of record that was subdivided in compliance with the Map Act and all applicable City requirements, with less than the area and/or dimension required by the applicable zoning district, may be used for an allowable land use, provided that the use complies with the required setbacks or has been granted of a Variance from those requirements in compliance with Section
20-52.060 (Variance and Minor Adjustment).
(Ord. 3677 § 1, 2004)
A. Purpose.
This section provides regulations for the installation, construction,
and placement of fences on private property. For the purposes of this
Zoning Code, the term "fence" includes fences, hedges, walls or structures
in the nature of a fence.
B. Measurement
of fence and wall height.
1. Fence
height shall be measured as the vertical distance between the finished
grade at the base of the fence and the top edge of the fence material.
2. The
height of fencing atop a wall shall be measured from the base of the
wall.
3. Where
the ground elevation within six feet of the base of a fence differs
from one side of the fence to the other (as when a fence is placed
at the top of a slope or on a retaining wall), the height shall be
measured from the side with the lowest natural grade; except that
a safety fence with a height of 42 inches shall be allowed on the
top of a retaining wall of 30 inches or more in height with Minor
Use Permit approval. See Figure 3-3.
Figure 3-3—Fence Height Measurement
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C. Height
limits. A fence in a residential zoning district is subject to the
following restrictions:
1. Single family dwelling shall not exceed the height limits shown in Table 3-1, unless authorized in compliance with Subsection
D of this section (Additional height with Minor Use Permit approval). See also Figure 3-4.
2. Multifamily
dwelling and non-residential properties will require Design Review
approval and are not subject to the height limits shown in Table 3-1.
TABLE 3-1—MAXIMUM HEIGHT OF FENCES
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Location
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Maximum Height (1)
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Within required front yard setback
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36 inches
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Within interior side or rear yard setback
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6 feet (2)
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Within exterior side setback
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36 inches
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Within a vision triangle (see Section 20-30.070.E)
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No fence allowed, except as provided by Section 20-30.070.E
(Vision Triangles).
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Outside of a required setback
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6 feet (2)
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Notes:
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(1)
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See the City's Processing Review Procedures for Owners
of Historic Properties for fence height guidelines with an
-H (Historic) combining district.
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(2)
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A six-foot fence with two feet of lattice is allowed by right
in an interior side or rear yard setback, and outside of a required
front or street side setback (see Figure 3-5); provided that any fence
exceeding seven feet in height requires a Building Permit.
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Figure 3-4—Allowed Fence Height
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Figure 3-5—Lattice Allowed for Additional Fence
Height
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D. Additional height with Minor Use Permit approval. A fence may be constructed to a height in excess of the limits established by Subsection
C with Minor Conditional Use Permit approval, except within a required vision triangle (Section 20-30.070.E). Minor Conditional Use Permit approval shall require that the review authority first make all of the following findings, in addition to those required for Minor Conditional Use Permits by Section
20-52.050:
1. The
issuance of the permit is reasonably necessary, by reason of unusual
or special circumstances or conditions relating to the property, for
the preservation of valuable property rights or the full use and enjoyment
of the property;
2. The
fence will not create a safety hazard to pedestrians or vehicular
traffic;
3. The
appearance of the fence is compatible with the design and appearance
of other existing buildings and structures within the neighborhood;
4. The
fence is a planned architectural feature to avoid dominating the site
or overwhelming the adjacent properties and structures;
5. The
orientation and location of the fence is in proper relation to the
physical characteristics of the site and the surrounding neighborhood;
and
6. The
fence will be of sound construction.
E. Fire
hazards. The Building Official shall not grant a building permit for
any fence that will interfere with access in case of fire by the Fire
Department to buildings in the vicinity, or that will constitute a
hazard to vehicle traffic or pedestrians.
F. Temporary
fences—Exceptions. Nothing in this Zoning Code shall be deemed
to prohibit the erection of a temporary fence around construction
works in compliance with the Building Code and other applicable provisions
of the City Code.
G. Barbed
wire. Barbed wire fencing shall not be constructed or placed over
a fence except in agricultural, open space, or industrial areas. Minor
Conditional Use Permit approval shall be required for barbed wire
fencing abutting residential uses.
H. Screening.
1. Proposed
development within commercially or industrially zoned sites that are
adjacent to any residential zoning district shall provide screening
between districts, subject to Design Review.
2. Outdoor storage areas in any commercial or industrial zoning district shall be permanently screened from view from any adjacent public right-of-way, access easement, or adjacent private property in compliance with Section
20-42.170 (Storage, Outdoor), and Section 20-30.090.L.1.g (Security—Dumpsters).
(Ord. 3677 § 1, 2004; Ord. 2021-012 § 20)
A. Purpose.
This section describes the required methods for measuring the height
of structures in compliance with the height limits established by
this Zoning Code, 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 zoning district by Division
2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section.
C. Height
measurement. The maximum allowable height shall be measured as the
vertical distance from the natural grade of the site to an imaginary
plane located the allowed number of feet above and parallel to the
grade. See Figure 3-6. The location of natural grade shall be established
in a manner consistent with parcels in the vicinity as determined
by the Director, and shall not be artificially raised to gain additional
building height.
Figure 3-6 – Height Measurement
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D. Height
limit exceptions.
1. Towers
and similar structures. With Design Review approval, the building
height limits of the applicable zoning district may be exceeded by
towers, gables, spires, cupolas, water tanks, and similar structures,
including mechanical appurtenances, provided that:
a. No portion of the structure that is over the height limit shall cover
an area greater than 15 percent of the building footprint area;
b. No tower or similar structure, shall be used for sleeping or eating
quarters, nor for any commercial purpose other than is incidental
to the use of the habitable space within the building.
This exception applies only to the height limits of this Zoning Code and not to any limit provided by other law. Height limits and exceptions for telecommunication facilities are established in Chapter 20-44 of this Zoning Code.
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2. Structures
within commercial zoning districts. A structure within a commercial
zoning district may exceed the height limits of this Section with
Conditional Use Permit approval, except as provided by the requirements
of the CD district (Section 20-23.060.B).
3. Fences and walls. A fence or wall shall comply with the height limits established by Section
20-30.060 (Fences, Walls, and Screening) and, where applicable, Subsection
E (Vision Triangles).
E. Vision
triangles. Proposed structures and landscaping on a corner lot shall
comply with the following vision triangle height limits, as indicated
in Section 20-30.110.E.
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 17)
Outdoor lighting on private property shall comply with the following
requirements.
A. The
following maximum heights shall be adhered to for outdoor light standards
based on land use type:
1. Single-Family
Residential—17 feet.
2. Multi-Family
Residential—14 feet.
3. Business
and Light Industrial Parks—16 feet.
4. Retail
Centers and Commercial Districts—16 feet.
B. Outdoor
lighting shall utilize energy-efficient fixtures/lamps. Examples of
energy efficient fixtures/lamps include high pressure sodium, hard-wired
compact florescent, or other lighting technology that is of equal
or greater energy efficiency.
C. For
safety and security, during business hours, all areas having frequent
vehicular and pedestrian traffic shall be equipped with a lighting
device providing a minimum one-foot candle of light at ground level
during the hours of darkness.
D. Lighting
fixtures shall be shielded or recessed to reduce light bleed to adjoining
properties, 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 site to the maximum
extent feasible.
Each light fixture shall be directed downward and away from
adjoining properties and public rights-of-way, so that no on-site
light fixture directly illuminates an area off the site.
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E. No
lighting on private property shall produce an illumination level greater
than one footcandle on any property within a residential zoning district
except on the site of the light source.
F. No
permanently installed lighting shall blink, flash, or be of unusually
high intensity or brightness, as determined by the Director.
(Ord. 3677 § 1, 2004; Ord. 3968 § 6, 2011)
The use of a septic tank may be allowed where no public sanitary
sewer is accessible or within 500 feet, where the parcel is more than
two acres in area and meets County Health Department standards.
(Ord. 3677 § 1, 2004)
A. Purpose.
This section provides minimum dimensions and uses of setbacks, sight
distance areas, and vision triangle standards. These standards provide
open areas around structures for: visibility and traffic safety; access
to and around structures; access to natural light, ventilation and
direct sunlight; separation of incompatible land uses; and space for
privacy, landscaping and recreation.
B. Setback requirements. Each structure shall be located on its site so that it is set back from property lines and other structures in compliance with the setback requirements of the applicable zoning district, in Division
2 (Zoning Districts and Allowable Land Uses), and with any setbacks established for specific uses by Division
4, except as otherwise provided by this section.
1. Setbacks
from public right-of-way and public easements.
a. No portion of any structure shall extend within, over, under, or
upon any public service easement, access easement, or utility easement,
unless both the City Engineer and the Director(s) of the City department(s)
having responsibility for any and all City activities within the Easement
Area have determined, in their sole discretion, that such structure
or portion of structure can be easily removed for the construction,
reconstruction, installation, removal, repair, replacement, maintenance,
or operation of any current or future City facilities within, over,
under, or upon the Easement Area.
b. Should the City Engineer and the Director(s) determine that a portion
of a structure may extend within, over, under, or upon any public
service, access, or utility easement as set forth in Subsection B.1.a
above, the property owner(s) shall execute and record a covenant running
with the land in favor and for the express benefit of the City:
(1) Empowering the City, in its sole discretion to remove, cause to remove,
or destroy the structure or any portion thereof or compel the property
owner(s) to remove the structure or any portion thereof; and
(2) Acknowledging that the City shall have no obligation, responsibility,
or liability for the repair, replacement, erection, installation,
or reconstruction of any structure or any portions of a structure
encroaching within, over, under, or upon any public service easement,
access easement, or utility easement when such structure or portions
of such structure are removed or destroyed by City or by the property
owners.
2. Setbacks
from private easements. No portion of any structure shall extend within,
over, under, or upon on any private easement or access easement unless
otherwise determined by the City Engineer after receiving written
permission granted by a recorded agreement executed by the owners
of the dominant and servient tenements and acknowledging that the
City shall have no obligation, responsibility, or liability for the
repair, erection, installation, or reconstruction of any portions
of a structure encroaching within, over, under, or upon any private
service easement or access easement that are damaged or removed as
part of construction, reconstruction, installation, removal, repair,
replacement, maintenance, or operation within or around the easement
area.
C. Measurement of setbacks. The setbacks required by Subsection
B shall be measured as follows:
1. Front
yard setback. The front setback shall be across the narrow dimension
of the lot, unless determined otherwise by the Director.
a. General measurement method. A required front setback shall be measured
by the most restrictive of the following methods to the nearest point
of the front wall of the building, except as provided in Subsection
C.2:
(1) From the front property line; or
(2) If established, from a proposed new property line (also known as
the plan line);or
(3) Back of the sidewalk (the sidewalk edge away from the street);or
(4) The edge of an easement for a private road or driveway.
b. Front setback on a block with developed lots. In any case where 25
percent or more of the lots fronting on any block in the same zone
(not including frontage along the side of a corner lot) have been
developed with buildings of a character permitted in the zone, and
the front setbacks of the lots vary in depth by not more than 10 feet,
the required front setback for each lot in the block shall be not
less than the average depth of the front setbacks on the developed
lots.
c. Infill development within a previously approved project. Where the
City has established specific setback requirements for individual
parcels through the approval of a specific plan, subdivision map,
or other entitlement, prior to the effective date of this Zoning Code,
those setbacks shall apply to the infill development instead of the
setbacks required by this Zoning Code, except where the review authority
determines that an original setback that is more restrictive than
the current zoning no longer serves desired neighborhood character.
Figure 3-7—Location & Measurement of Setbacks
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2. Side
yard setbacks.
a. Interior side setback. A required interior side setback shall be
measured at right angles from the nearest point on the side property
line of the lot 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.
b. Corner side setback. A required side setback on the street side of
a corner lot 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 or driveway, or the inside edge of the sidewalk, whichever
results in the greatest setback that extends between the front setback
and the rear property line.
3. Rear
yard setback. The rear setback shall be measured at right angles from
the nearest point on the rear property line to the nearest point of
the structure, establishing a setback line parallel to the rear property
line.
a. The Director shall determine the location of the required rear setback
on a through lot.
b. Where a parcel has no rear property 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 property line,
shall be deemed to be the rear property line for the purpose of determining
the depth of the required rear setback.
D. Limitations
on the use of setbacks.
1. Allowed
structures and uses. A setback required by this Zoning Code, Minor
or Conditional Use Permit, or Design Review approval, shall be improved
and maintained only with plants and other natural materials except
for the following:
a. Building projections permitted in Subsection
E;
b. Fences, hedges, plant materials, structures, and walls permitted in Section
20-30.060;
c. Necessary walks and steps; and
d. A driveway that provides required parking or access to parking.
2. Extended
storage or parking. It is unlawful to use any required setback for
the extended parking or storage of any mobile home, trailer, airplane,
boat, other motor vehicle, or parts of any of those vehicles, or building
materials (except building materials being used for on-site construction
under a valid building permit); provided, however, these requirements
shall not apply to a fully-operational vehicle parked in a driveway
that is used on a regular day-to-day basis. Extended parking or storage,
as used in this section, means the presence for a period of 72 or
more consecutive hours within the required yard or setback area.
E. Allowed
projections into setbacks. Table 3-2 identifies the features that
may project into a required setback.
TABLE 3-2—ALLOWED PROJECTIONS INTO SETBACKS
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Projecting Feature
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Allowed Projection into Specified Setback
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Front Setback
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Side Setback
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Rear Setback
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Architectural feature (e.g., cornice, canopy, eave, sill, bay
window, chimney, etc.) (1)
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2-1/2 ft, provided that the projection shall not exceed 1/2
the depth of the required setback. Bay window and chimney projections
shall not occupy, in the aggregate, more than 1/3 of the length of
the building wall on which they are located.
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Cantilevered overhang above the ground floor, not requiring
ground or bracket supports
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No limitation on projection in C zoning districts; 4 ft in other
districts
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No limitation on projection in C zoning districts; 2-1/2 ft
into a corner side setback
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No limitation on projection in C zoning districts; 2-1/2 ft
into a rear setback, provided that the projection shall not exceed
1/2 the depth of the required setback
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Fire escape
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Not allowed
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Not allowed in corner side setback; may project up to 2-1/2
ft into an interior setback
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36 in
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Unenclosed deck, porch or terrace not exceeding 12 inches in
height, and any necessary steps or landings, with no individual step
exceeding 12 inches in height
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Not allowed, except as provided in Table 2-5
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Not allowed in corner side setback, except as provided in Table
2-5; allowed within interior setback
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Allowed
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Recycling collection/trash enclosure area
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As allowed by Section 20-30.120.E
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Detached residential accessory structures
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As allowed by Section 20-42.030.C.3
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Note:
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(1)
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Room additions are not considered architectural features even
if they do not include a foundation or floor area. This provision
is not intended to allow an increase floor area, habitable area, or
storage area, or allow substantial portions of a building wall, to
encroach into required setbacks.
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Figure 3-8—Example of Allowed Projections into Side
Setbacks
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F. Vision
triangles and sight distance. The purpose of this section is to limit
the height of structures and landscaping at intersections and driveways
to provide adequate sight distances for pedestrian and vehicle traffic.
This section applies to all structures, landscaping, and any other
improvements located within vision triangles or sight distance areas
adjacent to any public or private street intersections, including
alley and driveway intersections with public or private streets.
1. Vision
triangles.
a. Vision triangle boundaries are formed by: (1) drawing a 40-foot line
along the face of curb or edge of one roadway to a point of intersection;
(2) from the point of intersection, drawing a line 40 feet back along
the face of curb or edge of the second roadway; and (3) connecting
the end points of these two lines, as shown in Figure 3-9. Vision
triangles at locations with all way stop controls or signalized intersections
may be allowed less restrictive requirements with City Traffic Engineer
approval.
Figure 3-9 – Vision Triangle
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b. Driveway vision triangle boundaries are formed by first drawing a
10-foot line along the back edge of the sidewalk from the driveway
and then drawing a 10-foot line along the driveway edge abutting the
sidewalk. Connecting these two legs completes the vision triangle,
as shown in Figure 3-10.
Figure 3-10 – Driveway Vision Triangle
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2. Sight
distance. City streets and nonresidential driveways shall be designed
in accordance with sight distance requirements as defined by the Caltrans
Highway Design Manual, Sections 201 and 405.
3. Limitations
on structures and landscaping within vision triangles and sight distance
areas.
a. Street intersections. Vegetation and structures, including signs,
shall not exceed a height of three feet within sight distance or vision
triangle areas, unless there is a "transparency" feature, such as
open railings or well-pruned climbing plants, allowing for sight visibility.
b. In all zoning districts. No wall, fence, hedge, other plant material,
or any other view obstruction shall be erected or maintained between
36 inches and seven feet above grade on any corner lot within a vision
triangle, and further, nothing over 24 inches in height may be located
in the first five feet behind the curb line or edge of pavement of
the vision triangle. Single stem plants or trees without foliage between
the height of three feet and eight feet may be planted and maintained
within the vision triangle on any corner lot. In no case shall any
commercial sign be permitted in a vision triangle.
c. Commercial driveways. To provide for pedestrian visibility at nonresidential
driveways, a clear zone with nothing over 24 inches in height shall
be established in the driveway vision triangle. Driveway vision triangles
are required on both sides of the driveway. If these clear zones cannot
be met, additional measures may be needed to provide necessary pedestrian
awareness (see Figure 3-10).
d. Residential driveways and alleys. Visibility of a driveway or alley
crossing a street lot line shall not be blocked above a height of
three feet within the sight distance.
e. Exempt structures and plantings. The regulations of this section
do not apply to existing buildings; public utility poles; saplings
or plant species of open growth habits and not planted in the form
of a hedge that are so planted and trimmed as to leave at all seasons
a clear and unobstructed cross view; official warning signs or signals;
or places where the contour of the ground is such that there can be
no cross visibility at the intersection.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 7, 2011; Ord. 2020-014 § 18)