Chapter 9.30
Standards for All Development and Land Uses

Sections:

9.30.010    Purpose

9.30.020    Applicability

9.30.030    Fences, Walls, and Screening

9.30.040    Height Limits and Exceptions

9.30.050    Noise Standards

9.30.060    Site Coverage Exception

9.30.070    Outdoor Lighting

9.30.080    Performance Standards

9.30.090    Setback Requirements and Exceptions

9.30.100    Solid Waste/Recyclable Materials Storage

9.30.010 Purpose

This Chapter expands upon the zoning district development standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the General Plan and any applicable specific plan.

9.30.020 Applicability

The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 9.90 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Zoning Districts and Allowable Land Uses) and those in Articles 4 (Standards for Specific Land Uses) and 5 (Resource Management). If there is a conflict, the standards in Articles 4 and 5 shall control.

9.30.030 Fences, Walls and Screening

A.    Applicability. The requirements of this Section apply to all fences and walls unless otherwise stated, except that these requirements do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety.

B.    Height limits.

1.    General height limit. Each fence, wall, and screening shall comply with the height limits shown in Table 3-1.

Table 3-1 - Maximum Height of Fences, Walls, and Screening

Location

Maximum Height

Within required front or street side setback

3 ft within a vision clearance area (see Section 9.30.040.E), 3 ft. within 5 feet of a street property line (an exception may be allowed for a greater height through a Minor Use Permit), and 6 ft elsewhere.

Within required interior side or rear setback

6 ft

Outside of required setbacks

6 ft. Up to 8 ft may be authorized by Design Review. (A fence higher than 6 ft also requires a Building Permit.)

2.    Requirements for increased height. Where Table 3-1 allows increased fence, wall, or hedge height with Design Review approval, the review authority may require conditions to address aesthetic issues and neighborhood concerns.

C.    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, including any materials directly attached to the fence.

2.    The height of fencing atop a wall shall be measured from the base of the wall or sidewalk, whichever results in a greater height.

3.    In cases where elevation of the finished grade within six feet of the base of the 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 48 inches shall be allowed in all cases. See Figure 3-1.

D.    Specific fencing requirements.

1.    Fencing between different land uses. Fencing between different land uses shall be required in compliance with Subsection F. (Screening).

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 F. (Screening).

3.    Swimming pools, hot tubs, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with California Building Code (CBC) requirements, regardless of the other requirements of this Section.

4.    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 may also be used for public safety purposes, during public events, for hazardous sites, and for construction sites. This fencing shall be approved by the Director.

E.    Prohibited materials. The following fence materials are prohibited unless approved by the Director for animal control, garden protection, special security needs, or required by a City, State, or Federal law or regulation.

1.    Barbed wire, or electrified fence, except within the AE, AR, and NR zoning districts;

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

3.    Chain link and other wire fencing within the front and street side yards except in the IL, IG and PF zoning districts, or where other screening may be required by Design Review; and

4.    Nails, broken glass, or other sharp objects on the top of fences or walls.

F.    Screening. This Subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, and certain outdoor activity areas.

1.    When required. Screening in compliance with Subsection F.2 (Screening standards) shall be required:

a.    On the property line of a site with a non-residential land use adjacent to a site in a residential zoning district or with an existing residential use;

b.    To screen an open area used to display goods or materials for sale from abutting parcels;

c.    To provide relief from adjacent noise sources exceeding 60 dBA when the screening will comply with all other requirements of this Section;

d.    To screen industrial uses from the view of a public right-of-way; and

e.    To screen outdoor mechanical equipment, loading docks, and solid waste and recycling areas from the view of public rights-of-way and residential uses.

Outdoor storage areas shall be screened in compliance with Section 9.42.150 (Outdoor Storage). Parking areas shall be screened in compliance with Section 9.34.050.A (Landscaping Location Requirements - Parking areas).

2.    Screening standards. Where required by Subsection F.1, screening shall be provided as follows.

a.    The screen shall consist of plant materials and a solid wall of masonry, wood, or similar durable material, a minimum of six feet in height.

b.    The maximum height of the wall shall comply with the provisions of Subsection B. (Height limits), except that a fence or wall provided to screen a commercial or industrial use from a residential use may exceed six feet if the review authority determines that the additional height is necessary to separate the two uses.

c.    The wall shall be decorative, with a graffiti resistant surface, subject to the approval of the review authority.

d.    A landscaping strip with a minimum width of five feet shall be installed between any screening wall and a public street. See Chapter 9.34 (Landscaping Standards).

e.    The screening requirements of this Subsection F.2 may be waived through Minor Use Permit approval if the review authority first determines that:

(1)    The relationship of the proposed uses makes the required screening unnecessary;

(2)    The intent of this Section can be successfully met by means of alternative screening methods;

(3)    Physical constraints on the site make the required screening infeasible; or

(4)    The physical characteristics of the site or adjoining parcels make the required screening unnecessary.

9.30.040 Height Limits and Exceptions

A.    Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Land Use 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 Article 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section, by Article 4 (Standards for Specific Land Uses), or through the Minor Use Permit process.

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 that is parallel and located the allowed number of feet above the natural grade. See Figure 3-2. The location of natural grade shall be determined by the Director, and shall not be artificially raised to gain additional building height.

Figure 3-2 - Height Measurement

D.    Exceptions to height limits. The following structures and structural features may exceed the height limits of this Land Use Code as noted:

1.    Architectural features. A chimney, cupola, monument, mechanical equipment, or vent may exceed the height limits by a maximum of three feet. A spire, tower, or roof-mounted water tank may exceed the height limits by eight feet

2.    Telecommunications facilities. The height of communications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter 9.44 (Telecommunications Facilities).

E.    Height limit at street. Development proposed adjacent to any public or private street or alley intersection, or the intersection of a driveway with a street, in other than the CC zoning district shall be designed to provide a vision clearance area for pedestrian and traffic safety. See Figure 3-3.

1.    Measurement of clearance area. A vision clearance area is a triangle measured as follows, and may include private property and/or public right-of-way.

a.    Street intersections. The vision clearance area shall be defined by measuring 20 feet from the intersection of the front and street side property lines or public street right-of-way (or the extension of the property lines where the corner is improved with curb, gutter, and sidewalk) and connecting the lines across the property.

b.    Driveways and interior property lines. The vision clearance area shall be defined by measuring 15 feet along a driveway or interior property line from the intersection of the driveway or interior property line with the street property line, and 15 feet along the street line, away from the driveway or interior property line, and connecting the lines across the intervening property.

c.    Parking. No parking spaces shall be located within a vision clearance area.

2.    Height limit. No structure, sign, or landscape element shall exceed 36 inches in height within the vision clearance area, unless approved by the Zoning Administrator, in consultation with the Public Works Director and Police Chief, except for tree canopies trimmed to a minimum of 10 feet above grade.

Figure 3-3 - Required Vision Clearance Area

9.30.050 Noise Standards

A.    Purpose. This Section implements the policies of the Noise Element of the General Plan, and provides standards for noise mitigation 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.    State or Federal preempted activities. Any activity regulated by State or Federal law;

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

5.    Solid waste collection. The authorized collection of solid waste.

C.    Definitions. Definitions of the technical terms used in this Section may be found in Article 10 (Glossary) under "Noise."

D.    Noise source standards.

1.    Stationary and transportation source noise level limitations. No use, activity, or process within the City shall generate noise in excess of the levels identified by Tables 3-2 and 3-3, as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-2 and 3-3.

a.    If the measured ambient noise level exceeds the applicable noise level standard in any category shown in the tables, the applicable standards shall be adjusted to equal the ambient noise level.

b.    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.

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

Table 3-2 - Maximum Allowable Noise Level by Receiving Land Use

Noise Level Descriptor

Maximum Exterior Noise Level

Maximum Interior Noise Level

7 am - 7 pm

7 - 10 pm

10 pm - 7 am

7 am - 7 pm

7 - 10 pm

10 pm - 7 am

Dwellings, Transient Lodging, Hospitals, Extended Care, and Similar Uses

Hourly Leq

55 dB

50 dB

45 dB

45 dB

40 dB

35 dB

Maximum

75 dB

75 dB

70 dB

65 dB

65 dB

60 dB

Meeting Facilities, Auditoriums, Theaters, Libraries, Schools, and Similar Uses

Hourly Leq

55 dB

55 dB

n/a

40 dB

40 dB

n/a

Maximum

75 dB

75 dB

n/a

60 dB

60 dB

n/a

Notes:

1.    The City can impose noise level standards up to 5 dB less than those specified above based upon determination of existing low ambient noise levels in the vicinity of the project site.

2.    These noise level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g., caretaker dwellings).

3.    The standards will be applied at the outdoor activity areas of the receiving land use, and at the building facade for upper floor receivers which do not have an outdoor activity area facing the noise source. Where no outdoor activity area is identified, the City has the option to apply only the interior noise level performance standards.

Table 3-3 - Maximum Allowable Transportation Noise Exposure

Noise Sensitive Land Use

Outdoor Activity Areas (1)

Interior Spaces

dBA Ldn

dBA Ldn

dBA Leq (2)

Residential

60 (3)

45

N/A

Transient lodging

60 (4)

45

N/A

Hospitals, extended care

60 (3)

45

N/A

Theater, auditorium

N/A

N/A

35

Meeting facility, public or private

60 (3)

N/A

40

Offices

N/A

N/A

45

School, library, museum

N/A

N/A

45

Playground, park

70

N/A

N/A

Notes:

1.    Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.

2.    As determined for a typical worst-case hour during periods of use.

3.    Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.

4.    In the case of hotel/motel facilities or other transient lodging, outdoor activity areas such as pool areas may not be included in the project design. In these cases, only the interior noise level criterion will apply.

2.    Limitation on hours of construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, construction site tool and equipment noise shall be limited in compliance with Table 3-4 or as required by conditions of approval.

Table 3-4 - Allowable Hours of Construction

Day

Allowable Hours

Monday through Friday

8:00 a.m. to 7:00 p.m.

Saturday

9:00 a.m. to 7:00 p.m.

Sunday, Holidays

No heavy equipment-related construction activities allowed

All stationary and construction equipment shall be maintained in good working order, and fitted with factory approved muffler systems.

3.    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.

4.    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. When 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.

E.    Standards for sensitive receptors. New noise sensitive land uses as identified in Table 3-3 shall not be allowed where the noise level from existing non-transportation noise generators will exceed the noise level standards in Table 3-2, or where projected levels of transportation noise will exceed the levels specified in Table 3-3, 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 3-2, and 3-3.

1.    New noise-sensitive uses. New construction and retrofits at existing buildings shall include appropriate insulation, glazing, and other sound attenuation measures so that they comply with standards in Table 3-3.

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 3-2 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 barriers, setbacks, site design, baffles, enclosures, silencers, 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.

F.    Acoustical analysis. Where the Director determines that a proposed project is a noise sensitive land use (such as hospitals, schools, and health care facilities), or may generate noise in excess of any limit established by Tables 3-2 or 3-3, 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 3-2, 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 buildings 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.

G.    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.

9.30.060 Site Coverage Exception

Lots which do not meet the standard for area or which are smaller than the specified minimum average lot size in the base zone may be developed with more site coverage than allowed by the base zone. The reduction in open space requirements may be allowed through the minor use permit process or on a proportional basis to the extent to which the lot area is substandard. For example, a 4,000 square foot lot in an RL zone (a lot which would be 67 percent of the minimum average lot size of 6,000 square feet) could be developed with site coverage equal to 1.33 percent of the 50 percent lot coverage requirement of the base zone (i.e., 1.33 x 0.50 = 67% site coverage for a 4,000 square foot lot which would equate to 2,680 square feet of maximum site coverage).

9.30.070 Outdoor Lighting

A.    Standards for all outdoor lighting. Outdoor lighting on private property except for commercial or industrial parking shall comply with the following requirements. See Subsection B. for commercial and industrial parking area lighting requirements.

1.    An outdoor light fixture shall be limited to a maximum height of 14 feet or the height of the nearest building, whichever is less.

2.    Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures and lamps and motion sensors and/or daylight sensors unless determined infeasible by the Director.

3.    Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:

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

b.    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.

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

5.    No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.

B.    Commercial/industrial parking area standards. The review authority may require compliance with the latest edition of the Lighting Handbook by the Illuminating Engineering Society of North America.

9.30.080 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 zoning districts, 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 emissions. Other than as permitted by the North Coast Unified Air Quality Management District, no visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.

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., construction, grading, commercial gardening, 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 approval by the Director.

1.    Standards for all construction activities. The Director may require the following control measures for construction activities when necessary:

a.    Water all active construction areas twice per day and use erosion control measures to prevent water runoff containing silt and debris from entering the streets and storm drain system;

b.    Cover trucks hauling soil, sand, and other loose material;

c.    Pave, water, or apply non-toxic soil stabilizers on unpaved access roads and parking areas;

d.    Sweep and collect (i.e., vacuum) paved access roads and parking areas daily; and

e.    Sweep and collect (i.e., vacuum) streets daily if visible material is carried onto adjacent public streets.

2.    Additional standards for large construction sites. When construction is proposed on a site of four acres or larger, the following measures will be required in addition to those above when determined by the Director to be necessary:

a.    Hydroseed or apply non-toxic soil stabilizers to inactive construction areas;

b.    Enclose, cover, water, or apply non-toxic soil binders to open materials stockpiles;

c.    Limit traffic speeds to 15 mph on unpaved access roads;

d.    Install erosion control measures to prevent silt runoff onto public roadways; and

e.    Replant vegetation in disturbed areas within 10 days after project completion.

f.    Install wheel washers for exiting trucks, or wash all equipment leaving site;

g.    Install wind breaks, or plant trees/vegetation at windward sides of construction areas, or avoid removing existing vegetation which acts as a windbreak;

h.    Suspend excavation and grading activity when winds exceed 25 mph; and

i.    Limit area subject to excavation, grading, and other construction activities at any one time.

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

G.    Light and glare. Outdoor lighting shall comply with the requirements of Section 9.30.070 (Outdoor Lighting).

H.    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.

I.    Noise. The City’s noise standards are in Section 9.30.050 (Noise Standards).

J.    Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

K.    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.

9.30.090 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: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.

B.    Setback requirements.

1.    Minimum setbacks for all structures. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zoning district, except:

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

b.    Where a different setback requirement is established by another requirement of this Land Use Code; and

c.    As otherwise provided by this Section or through the issuance of a Minor Use Permit.

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 Land Use Code do not apply to the following:

a.    A projection into a required setback allowed by Subsection E. or projection into a right-of-way if granted by a permanent easement from the City (e.g., awnings and bay windows);

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

c.    A deck, earthwork, step, terrace, or 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;

d.    A sign in compliance with Chapter 9.38 (Signs);

e.    A retaining wall less than 30 inches in height above finished grade.

C.    Measurement of setbacks. Setbacks shall be measured and applied as follows, except that the Director may require different setback measurement methods where the Director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-4.

Figure 3-4 - Location and 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 follows. The front property line is the most narrow dimension of a lot adjacent to a street.

a.    Mapped street with future improvements. If the City has established a plan 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 projects. 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 continuing development within the approved project instead of the setbacks required by this Land Use Code.

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.

d.    Corner lots. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the Director.

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, or the inside edge of the sidewalk, or a plan line established as described in Subsection C.1.c, 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 to the nearest line 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 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.    Structures. A required setback shall not be occupied by a structure other than those identified by Subsection B.2 as being exempt from the setback requirements of this Chapter.

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

a.    Automobiles and trucks, not in excess of one-ton capacity, regularly in use, that are parked within a designated driveway; and

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

3.    Storage of trailers 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.

4.    Mechanical and utility equipment. See Subsection F.5 (Setback requirements for specific structures - Mechanical Equipment).

E.    Allowed projections into setbacks. Where allowed in the applicable zoning district, an architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3-5. See also Figure 3-5. These requirements are modified for accessory structures by Section 9.42.030 (Accessory Structures).

Table 3-5 - Allowed Projections into Setbacks

Projecting Feature

Allowed Projection into Specified Setback

Front Setback

Side Setback

Rear Setback

Balcony, deck, covered or uncovered open porch - The width of which does not exceed 50% of the length of the wall to which it is attached

36 in

36 in (2)

36 in (2)

Balcony, deck, landing, porch, stairway - Uncovered, unenclosed, and less than 30 in. above grade

25% of setback

May project to property line (2)

Balcony, deck, landing, porch, stairway - Uncovered and unenclosed, 30 in. or more above grade

6 ft

30 in (1)(2)

6 ft (1)(2)

Balcony, deck, landing, porch, stairway - Which may be roofed but is otherwise unenclosed

25% of setback to a maximum of 6 ft

20% of side setback (2)

20% of setback (2)

Balcony, deck, landing, porch, stairway - Covered and enclosed

Not allowed in setback

Bay window, or similar projecting feature

36 in

36 in

36 in

Chimney/fireplace, 6 ft. or less in breadth

30 in

30 in (1)

30 in (1)

Cornice, eave, awning, roof overhang

30 in

30 in (1)

5 ft (1)

Notes:

(1)    Feature may project no closer to a side property line than 36 inches.

(2)    Feature shall not project into any Natural Area (per Subsection 9.52.040.A.2) or into any Environmental Buffer Area (per Subsection 9.59.020.B) as described in this Land Use Code.

Figure 3-5 - Examples of Allowed Projections into Side Setback

F.    Setback requirements for specific structures:

1.    Accessory structures. See Section 9.42.030 (Accessory Structures).

2.    Fences. See Section 9.30.030 (Fences, Walls, and Screening).

3.    Decks and other site design elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this Land Use Code for detached accessory structures or as exempt by the Director. (Note: a site design element less than 18 inches above grade is exempt).

4.    Swimming pool, hot tub, etc. A swimming pool, hot tub, or spa shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback.

5.    Mechanical equipment. Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zoning district. Examples of this equipment include: swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar utility equipment that is not underground.

9.30.100 Solid Waste/Recyclable Materials Storage

A.    Purpose. This Section provides standards which recognize the City’s support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

B.    Applicability. These requirements apply to new multi-family residential and nonresidential development, and to existing multi-family residential or nonresidential development when changes to a structure are proposed that require a Building Permit, and are required by this Land Use Code to have Design Review approval.

C.    Extent of storage area required. Solid waste and recyclables storage areas shall be provided in the number, dimensions, types, and locations required by the review authority to adequately serve the development proposed or existing on the site.

D.    Location requirements. Solid waste and recyclable materials collection and storage areas shall be located in compliance with the requirements of the applicable zoning district, and the following requirements.

1.    The collection and storage area shall be located inside a designated structure, on the outside of a structure enclosed within an approved fence or wall, a designated interior court or yard area with appropriate access, or in a rear yard and/or interior side yard. An exterior storage area shall not be located in any required front setback, street side setback, or in any area of required parking, landscaping or open space.

2.    Each collection and storage area shall be conveniently accessible to residents and employees. Each collection and storage area within a multi-family residential project shall be located within 250 feet of the dwellings it serves.

3.    Any 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 used by the designated collector. Where a site is served by an alley, each exterior collection and storage area shall be directly accessible to the alley.

4.    Each multi-family and non-residential outdoor collection and storage area shall be screened from view. Solid waste receptacles for single-family homes should be stored within an enclosed garage or behind a fence.

E.    Design and construction. Each storage area shall be designed and constructed to:

1.    Be compatible with the surrounding structures and land uses;

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

3.    Provide a concrete pad within the fenced or walled area, and a concrete apron to facilitate the handling of individual bins or containers;

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

5.    Be screened from view on at least three sides. The design of screening structures shall be architecturally compatible with the surrounding structures and subject to the approval of the Director.

6.    Waste grease receptacles shall be placed in secondary containment vessels and protected from the rain.

F.    Signs. A solid waste and recyclable materials collection and storage area for a project of four or more dwelling units, a commercial development with two or more separate businesses, or any industrial use shall be provided identification signs as follows.

1.    The minimum sign size, exterior or interior, shall be as necessary to identify the area to users, as determined through Design Review.

2.    Exterior signs identifying recycling areas shall be a maximum of four square feet per sign face, and shall be no higher than six feet, or may be attached to a wall. The maximum size limit may be increased through Design Review if warranted by the nature of the recycling area.