The purpose of setbacks, open space and landscaping requirements
is to assure that an effective separation is provided between properties
and uses to foster compatibility, identity, privacy, light, air, ventilation
and visual relief. All setbacks required by the zoning ordinance shall
be calculated from the boundary lines separating two lots and from
the public right-of-way after any dedications are made.
(Prior code § 3-1-C-1; Ord. 605-88 § 3)
A. All
setback areas shall be fully landscaped with lawn, trees, shrubs,
etc., and shall be permanently maintained in a neat and orderly manner
free of waste and debris. All landscaping shall consist predominately
of plant material, except for necessary walks and drives.
B. The front setback area and street side setback area on corner lots of residential properties shall consist predominantly of plant material, except that synthetic turf shall be allowed to cover up to fifty percent of the required landscaping area visible from the public right-of-way, as permitted in Section
17.44.017. Landscape plan approval by the community development director is required for any landscaping wherein the plant material covers less than half of the front setback area or street side setback area on corner lots, except for legally required walks and drives.
C. Plant
material selected shall be suitable for the given soil conditions.
Plant selection shall take into consideration water conservation through
appropriate use and groupings of plants that are well adapted to particular
sites and to particular watering needs, climatic, geological and topographical
conditions. To the greatest extent possible, landscape material shall
consist of drought-tolerant plants.
D. Landscaping
shall be maintained in a healthy condition and complementary to neighboring
buildings and properties. Minimum maintenance standards shall include,
but is not limited to: lawns which are watered and trimmed to a uniform
height, flowers and ground covers which are healthy and uniform in
their appearance, shrubs and trees which are trimmed and pruned to
retain their health, and all areas shall be free of noxious weeds,
as that term is defined by the California Food and Agriculture Code
Section 5004.
E. Neglected
or improperly maintained landscaping is not permitted. This shall
include, but is not limited to: dead or weed infested vegetation;
vegetation dying as a result of physical damage, disease, insect infestation,
or lack of water; vegetation likely to harbor rodents, vermin, insects,
or other nuisances; vegetation which overhangs, impedes or obstructs
vehicular traffic on any sidewalk, street, or other public right-of-way.
F. Decorative
design elements, such as fountain, sculpture, planters, rocks or other
similar elements may be permitted where they are: (1) integral parts
of a landscape plan; (2) are limited to less than half of the setback
area; and (3) are well maintained at all times.
G. Required
vehicular accessways and pedestrian walks shall be permitted in landscaped
areas. No setback area visible from the public right-of-way shall
be completely paved or covered with stones, brick or similar hard
surface, except for legally required walks and drives.
H. Except as permitted by Section
17.44.020 of this chapter, and as otherwise permitted by this code, every required front, side and rear yard setback area shall be open and unobstructed from the ground to the sky.
I. No materials or equipment, as defined in Section
8.24.040 of this code shall be stored within any setback area visible from a public right-of-way, except as permitted by Section
17.72.090 of this title.
J. Uncovered
patios may extend a maximum of ten feet into any front setback and
shall require a permit by submitting a plot plan to the community
development department. To be approved, the patio must be an integral
part of a landscape plan and consist of decorative material such as
stamped and/or stained concrete or block pavers. When installing such
a patio adjacent to a driveway, an open work railing or raised planter
shall be provided to separate the patio from the driveway. The height
of open work railing shall be at least twelve inches, but not more
than forty-eight inches; the height of a raised planter shall be at
least twelve inches, but not more than thirty inches.
(Prior code §§ 3-1-C-1.1, 3-1-C-1.2,
3-1-C-1.3; Ord. 605-88 § 6; Ord. 665-90 § 5; Ord. 960-06 § 24; Ord. 1006-07 § 1; Ord.
1118-16 § 4)
A person shall not build, add, alter, expand or extend any portion
of a building or structure into any required setback or yard area,
except as follows:
A. Cornices,
eaves, belt courses, sills, buttresses or similar features may extend
a maximum of four feet into any required setback; provided that in
no event may they be closer than two feet to any side or rear property
line.
B. Fireplace
structures not wider than eight feet, measured parallel to the building
wall of which they are apart, may extend a maximum of two feet into
any required setback; provided that in no event may the fireplace
be closer than three feet to any side or rear property line.
C. Fire
escapes may extend a maximum of three feet into any required side
or rear setback; provided that in no event may the fire escape be
closer than three feet to any side or rear property line.
D. Uncovered
porches, platforms or landing places which do not extend above the
level of the first floor may extend a maximum of six feet into any
front setback; provided that an open work railing not more than forty-eight
inches in height may be installed or constructed on any such porch,
platform or landing place.
E. Covered
porches may extend not more than four feet into the required front
setback.
F. Bay
windows may not extend more than four feet into a required front setback
and not more than two feet into a required side or rear setback, provided
the bay window is a minimum of eighteen inches above ground level
and provided that in no event shall the bay window be closer than
two feet to any side or rear property line.
G. Awnings
may extend a maximum of four feet into any required setback, provided
that in no event may the awning be closer than three feet to any side
or rear property line.
H. Unenclosed
stairways, steps or ramps may extend a maximum of thirty inches into
a required front setback area.
I. Guard
railings around permitted porches, stairways, steps or ramps are allowed,
provided that they do not exceed forty-eight inches in height.
J. Swimming
pools, spas and jacuzzis may occupy a portion of a required rear setback,
provided that the outer wall of the pool, spa or jacuzzi shall be
a minimum of five feet from any side or rear property line. Where
a swimming pool is located in an interior court or yard in conjunction
with multiple-family dwellings, the minimum distance between the outer
edge of the pool and the exterior wall of any building shall be ten
feet.
K. Filters,
heating systems, pumps, air blowers or other similar mechanical equipment
installed to service a pool, spa or jacuzzi may be located in a required
side or rear setback, provided that the noise level shall not exceed
forty dBA CNEL as measured from the property line of the property
on which such equipment is located.
L. Air-conditioning
equipment not wider than eight feet measured parallel to the building
wall of which it is part, may extend a maximum of two feet into a
required side or rear yard setback, provided that in no event shall
it be closer than three feet to a side or rear property line. The
noise level of such equipment shall not exceed forty dBA CNEL as measured
from the property line of the property on which such equipment is
located.
M. Open parking spaces may encroach into the required side yards as permitted by Chapter
17.72 of this title.
N. Planter
boxes or masonry planters not exceeding thirty-six inches in height
may extend into any front setback a maximum of four feet.
O. Fences, walls and hedges not exceeding six feet in height in any required side or rear setback or forty-eight inches in height in any required front setback area as permitted by Chapter
17.48 of this title.
P. Within
residential zones, unenclosed patios or gazebos of which the roof
structures do not extend above twelve feet in height from the building
pad elevation may encroach into a corner lot side yard adjacent to
the street, but in no case shall the encroachment be within three
feet of such side yard property line.
For the purpose of this section, "unenclosed" means a structure
open on all sides excepting only the required structural members.
(Prior code § 3-1-C-2; Ord. 605-88 § 3; Ord. 851-98 § 1; Ord.
960-06 § 25)
Canopies are permitted in setback areas only as provided by
this section:
A. Canopies
are only permitted in the side setback areas for a period not to exceed
seventy-two hours.
B. Canopies
in the front setback area are only permitted to remain for a period
not to exceed twenty-four hours.
C. Canopies
are permitted in rear yards. However, canopies in the side setback
area of a rear yard are only permitted to remain for a period not
to exceed seventy-two hours.
D. "Canopy"
means a device which is of either canvas, or other material, which
may be stretched or placed upon a frame, including any tent device
whose purpose is to provide shelter to, or exclude direct rays of
the sun from, a vehicle or personal effects. This subsection shall
not apply to any device or structure which is attached to a building
and constructed pursuant to a valid building permit.
E. A violation of this section is punishable as an infraction pursuant to Section
1.08.030 of this code or punishable as a misdemeanor pursuant to Section
1.08.020 of this code or shall be abated in compliance with Chapter
8.24 of this code.
(Ord. 969-06 § 13; Ord. 1020-09 § 16)
Sheds are permitted in setback areas only as provided by this
section:
A. One
shed per lot is permitted in the rear setback area or the side yard
set back area;
B. Sheds
are prohibited in the required front yard setback;
C. All
sheds must be screened from view by a solid wall, fence or landscaping,
not to exceed the height allowed by this code;
D. The
shed must be well maintained, located more than six feet from any
other structure and no less than three feet from any property line;
E. The
dimensions of the shed cannot exceed ten feet in height, and neither
its length nor its width is greater than twelve feet;
F. For
the purposes of this section a "shed" includes, but is not limited
to, a freestanding or movable storage unit commonly used for the storage
of tools, equipment or similar items. Shipping/freight containers
and temporary portable storage containers are not sheds;
G. A violation of this section is punishable as an infraction pursuant to Section
1.08.030 of this code or punishable as a misdemeanor pursuant to Section
1.08.020 of this code or shall be abated in compliance with Chapter
8.24 of this code.
(Ord. 969-06 § 14; Ord. 1020-09 § 17; Ord. 1043-10 § 2)
In zone C-1, building lines are established parallel to and:
A. Sixty
feet from the centerline of every secondary highway;
B. Seventy
feet from the centerline of every major highway.
(Prior code § 3-1-C-6)
In all zones, building lines are established parallel to the
centerline of every major and secondary highway equal to the setback,
if any, otherwise required by this chapter or any other ordinance,
plus:
A. Forty
feet from the centerline of every secondary highway;
B. Fifty
feet from the centerline of every major highway.
(Prior code § 3-1-C-7)
In all zones on the intersections of any highways with highways on which Section
17.44.080 imposes any building line or setback, a person shall not use any building or structure, except as permitted within a setback of Section
17.44.020(A), within those triangles formed by the intersections of the setback lines on such highways for a distance of seventeen feet from such intersection on each of such lines and a line connecting the ends of such lines. If there is no setback line on one of such highways the property line shall be substituted.
(Prior code § 3-1-C-8)