A. 
The provision of this chapter shall be known as the "encroachment into required yards" regulations of this title.
B. 
All structures referenced in this chapter shall meet all requirements as set forth in the California Building Code and require building permits as applicable.
C. 
The purposes of the encroachment into required yards regulations are as follows:
1. 
To provide usable private open space to fulfill needs for outdoor leisure and recreation;
2. 
To preserve the intent of the zoning ordinance to provide light and air through the requirement and maintenance of certain yards and other open spaces;
3. 
To assure the conservation, protection and improvement in appearance of individual properties, rights-of-way, neighborhoods and the entire city.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
The provisions of this chapter shall be applicable to the encroachment of any building, parts of buildings or structures and the location of accessory buildings and structures into any required yard or other open space and the maintenance of yards and open space.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in Chapter 17.030.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
A. 
Every part of each minimum required front, side or rear yard or other required open space shall be open and unobstructed from the finished grade or, where applicable, from such other specified level at which the yard or court is required, to the sky, except for the facilities allowed to project or encroach into such yard by provisions set forth elsewhere in this chapter.
B. 
All yards and open spaces visible from a public or private street or alley, public right-of-way or sidewalk shall be improved and maintained with a surface which prevents dust and allows convenient use for outdoor activities, and shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surface.
C. 
Landscaping and screening, where required, shall be in conformance with Chapters 8.00, 8.36 and 17.630.
D. 
In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
The following table describes the number of lineal feet that certain portions of an attached accessory structure may extend into required yards and courts and other open spaces. The notation "N/A" indicates that the identified facility is not allowed. Where the height of facilities within minimum yards or courts is not specifically limited by the table in this section, such facilities shall conform to the maximum height, if any, prescribed for facilities in the zone where they are located. In no case shall any portion of an attached accessory structure, including eaves, result in a setback of less than three feet, measured from the closest projection:
Facility
Front Yard
Side Yard on Street Side of Corner Lot
Side Yard along Interior Side Lot Line
Rear Yard
Court
A. Eaves, awnings, louvers and similar shading devices; sills, cornices and similar features; flues, chimneys and similar architectural projections from a building.
4
4
2
4
2
B. Patio roofs and similar structures projecting from and serving a residential use, which do not exceed 12 feet in height and which have open, unwalled sides along not less than 50% of its perimeter.
4
4
2
8
2
C. Unwalled breezeways and similar structures projecting from and serving a residential facility, which do not exceed 12 feet in height and 8 feet in width.
4
4
N/A
Any distance but not within 5 feet of a lot line.
Any distance but not within 5 feet of a lot line.
D. Cantilevered bay windows located above the first story of a building.
4
4
N/A
4
N/A
E. Unroofed balconies, decks and similar structures projecting from and serving a residential facility, but excluding corridors and similar facilities providing access to 2 more dwelling units, except that a balcony or deck projecting from a higher story shall not be deemed a roof.
6
4 but not within 5 feet of a lot line.
4 but not within 5 feet of a lot line.
8 but not within 15 feet of a lot line.
4 but not within 5 feet of a lot line.
F. Exterior access facilities which lead to the second or higher story of a building including open or enclosed fire escapes and open, unroofed outside stairways, landings and exterior corridors.
4
4
N/A
4
N/A
G. Unroofed porches, steps and other similar raised structures projecting from a building and having a mean height, including railings of not more than 6 feet above the level of the yard or court.
Any distance, but not within 3 feet of any street line abutting a public right-of-way.
H. Covered, underground or partially excavated structures, including, but not limited to, garages, fallout shelters, wine cellars and basements.
In any yard or court, provided that the surfaces of such facilities are landscaped or developed as patios or terraces whenever not covered by structures at higher stories, and provided that such facilities do not extend more than 30 inches above the average adjoining level of finished grade except where a use permit therefor has been granted.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
Within any residential, agricultural, or open space zone, accessory buildings (as defined in Chapter 17.030), such as garages, carports, patio covers, gazebos, greenhouses, sheds, recreation buildings, pool houses and similar buildings shall be permitted in conformance with the following regulations; except where they are in conflict with the regulations of the zone:
A. 
Accessory buildings shall be prohibited in any front yard setback.
B. 
Enclosed accessory buildings (as defined in Chapter 17.030) shall not be closer than four feet from any other building on the lot. Open accessory buildings shall not be closer than four feet from any other accessory building on the lot.
C. 
Accessory buildings shall be set back four feet from any side or rear property line, as measured from the closest point (e.g., roof overhang or eave if applicable).
D. 
The maximum height of accessory buildings shall be one story and fifteen feet.
E. 
The use of accessory buildings as living quarters shall be prohibited, except as permitted pursuant to Section 17.100.005 (Accessory dwelling units).
F. 
Within a required rear and side yard a portable shed (as defined in Chapter 17.030) shall be permitted provided its height does not exceed the height of the adjacent fence up to seven feet in height, its floor area does not exceed one hundred twenty square feet, and provided there exists unobstructed access (clear passage-way) with a gate leading from a street to the rear yard of at least three feet of width on at least one side of the primary dwelling. A portable shed cannot obstruct any egress or windows of a dwelling unit on the property.
G. 
Shipping containers (as defined in Chapter 17.030) are prohibited within any residential zone, except that they may be temporarily placed on a private driveway, or within the public right-of-way with an encroachment permit, for a maximum of fourteen days per calendar year or a maximum of thirty days with the written approval of the community development director, or in conjunction with an active construction project that has a valid building permit or other temporary use.
H. 
All accessory buildings shall meet all requirements as set forth in the California Building Code and require building permits as applicable.
I. 
In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
Within any residential, agricultural or open space zone, detached accessory structures (as defined in Chapter 17.030) shall be permitted in conformance with the following regulations; except where they are in conflict with the regulations of the zone:
A. 
Uncovered landscape features and structures such as walkways, decks, patios, porches, and ornamental ponds, having a height of not more than one foot; ornamental gate archways, planters, light standards, arbors, trellis, sun screens, outdoor fireplaces, and posts designed to support landscape features such as sun/shade sails, having a height of not more than eight feet; and flagpoles not exceeding the maximum allowable height in the zone, shall be permitted anywhere on a lot.
B. 
Clotheslines, radios and television masts or antennas, trash enclosures (solid waste carts on residential properties pursuant to Section 8.16.360 (Containers—Location of containers at residential premises)) and similar structures shall be prohibited in any front yard or side yard adjacent to a street.
C. 
Play structures, sport courts, batting cages, trampolines, and similar facilities shall be prohibited in any front yard but shall be allowed in any required interior side or rear yard, provided they are a minimum of four feet from any property line, other structures or buildings, and do not exceed fifteen feet in height.
D. 
In the event a fence or other accessory structure or landscape feature is located in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, such structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.
E. 
In ground swimming pools shall be permitted in any required rear or interior side yard setback but no closer than five feet from any property line or building line. Above ground swimming pools and spas shall also be permitted in any required rear or side yard setback, but the water line may not be closer than five feet from any property line and shall meet all Building Code requirements in relation to separation from all dwelling units.
(Ord. 408, 1987; Ord. 1054 § 4, 2023)
Fences, which include walls, hedges and other dividing instrumentalities, shall be permitted subject to the following regulations:
A. 
Fences shall be permitted anywhere on the property subject to applicable setbacks and height restrictions, and shall not fall into disrepair pursuant to Section 8.00.030 (Unlawful activities).
B. 
No fence or wall shall obstruct visibility for access. In the event a fence or other landscape feature is located or grows in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, the structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.
C. 
Residential Areas. Within residential zones, fences outside of the required front yard may be a maximum of seven feet in height when located on side or rear property lines. Fences may be solid or include decorative lattice at the top. Fences in excess of seven feet shall conform to the zoning ordinance requirements regulating principal or accessory buildings with respect to setbacks.
Figure 1 Fence Height with Lattice (not drawn to scale)
D. 
Within any required front yard fences shall not exceed a height of forty-two inches.
E. 
On a corner lot, the fence or wall height shall not exceed forty-two inches within a triangle formed by the street frontage curb lines extended to their intersection and a line connecting such lot line measured fifty feet from their point of intersection.
Figure 2 Fence Height Restrictions (not drawn to scale)
F. 
Measurement of Fence and Wall Height. In the event the ground elevation is not the same on both sides of a fence or wall, the height thereof shall be measured as the vertical distance between the finished grade at the base of the fence or wall to the top edge of the structure from the higher grade elevation. The grade shall not be modified in order to increase fence height.
G. 
Nonresidential or Mixed-Use Areas. Fences and walls within the side and rear yards shall not exceed a maximum height of eight feet except as otherwise required as part of a project mitigation.
H. 
Prohibited Fences. The following types of fences or fencing material are prohibited within all residential zones. In commercial zones, the following types of fencing material are prohibited unless specifically approved by the planning commission in conjunction with a design review or conditional use permit, or as required by city, state, or federal laws or regulations:
1. 
Barbed wire, razor, or concertina wire;
2. 
Electrified fence;
3. 
Chain link fencing when visible from public areas, public rights-of-way, and/or private roadways;
4. 
Temporary fencing such as plastic or wire mesh fencing, barricades, and panel-system fences, except for construction sites, city-sponsored events, and temporary uses approved with a temporary use permit;
5. 
Fences and walls located within a public utility easement.
I. 
Retaining walls shall not exceed a height of four feet. An embankment to be retained that is over four feet in height shall be benched so that no individual retaining wall exceeds a height of four feet above finished grade, and each bench has a minimum horizontal distance of two feet between each wall. An exception may be granted for a higher wall if necessary due to slope and/or soils, based on a geotechnical report from a licensed civil or geotechnical engineer, and approved by the chief building official or public works director. A building permit is required for retaining walls that are over four feet high (measured from the bottom of the footing to the top of the wall), and/or retaining walls supporting a steeply sloped surface called a surcharge.
Over 48″ Discouraged*
Single retaining wall makes a massive scar on hillside and is difficult to screen
Required
Terraced retaining walls break up mass and are easier to screen
Figure 3 Retaining Walls (not drawn to scale)
(Ord. 408, 1987; Ord. 1054 § 4, 2023)