Chapter 7.11 Setback and Yard Use Standards
7.11.10 Purpose of this Chapter
The purpose of this Chapter is to establish performance standards, development standards and the findings required for the modification of any applicable development standard for setbacks and yard uses.
7.11.20 Applicability of this Chapter
This Chapter applies to all land uses, structures, and lots in the City of La Habra Heights regardless of the applicable Zone District.
7.11.30 Performance Standards for Yards
All new development and modifications to existing structures must adhere to the City’s setback and yard use performance standards designed to maintain community character, privacy, views and public health and safety. The following performance standards are applicable to setback and yard uses:
A. Maintenance of Views, Privacy, Community Character, and Public Health and Safety. All lot development and the attendant setback and yard use requirements shall be implemented in a manner that will promote the maintenance of views, privacy, community character and public health and safety.
B. Encroachments May be Permitted. Many existing parcels were developed prior to the City’s incorporation. In these instances, the strict application of the development standards contained herein may be unreasonable or may result in development that is more detrimental to applicable performance standards (excessive grading, loss of views, elimination of landscaping, etc.). As a means to permit the improvement of existing structures while adhering to the performance standards, encroachments into the setbacks may be allowed subject to review and imposition of conditions. (Ord. 2015-01 § 12)
7.11.40 Development Standards for Yards
This Section defines the development standards for setbacks and yard uses. Further, this Section implements the City of La Habra Heights General Plan’s goals and policies as they relate to setbacks and uses of the yard areas. All new structures and projects consisting of modifications to existing structures shall comply with the requirements of the applicable Zone District in the absence of a standards modification request.
A. Encroachment of Structures Prohibited. Portions of any structure(s), including eaves and roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.
B. Measurement of Setbacks. Setback lines used for the delineation of required yard areas shall be established as follows:
1. The front yard setback line comprises all points located a specified distance, measured at right angles, from any property line having frontage along any street or private road.
2. The other yard setback lines comprise all points located a specified distance, measured at right angles, from property lines other than a front yard property line (refer to Exhibit 7-3).
3. The setbacks for a multiple-lot development must be varied as indicated in Chapter 7.14.
Exhibit 7-3. Structure Setbacks and Required Yards R-A Zone
C. Determination of Yards. For those parcels where the location of yards or setback areas are not clearly defined, the following shall apply:
1. On lots where the provisions of this Article do not clearly establish location of yards and lot lines, the Community Development Director shall make the determination of the required setback lines (refer to Exhibit 7-3).
2. For those parcels where a private residential access road traverses the parcel, the setbacks are measured from the easement lines as if they are property lines (refer to Exhibit 7-4).
3. For flag lots, the front yard is that portion of the lot that connects with the access road.
Exhibit 7-4. Setbacks and Yards Fronting Public Roads and Private Residential Roads and Driveways for R-A Zone
D. Parking Setbacks. The setback requirements for parking areas and driveways are provided in Table 7-6.
|
Zone District |
Front Setback |
Other Setback |
|---|---|---|
|
Residential-Agricultural Zone (R-A Zone) |
10 ft. |
10 ft. |
|
Institutional Overlay Zone (IO Zone) |
35 ft. |
25 ft. |
|
Open Space-Resource Production Zone (OS-RP Zone) |
35 ft. |
25 ft. |
|
Open Space-Recreation Zone (OS-R Zone) |
35 ft. |
25 ft. |
|
Open Space-Conservation Zone (OS-C Zone) |
35 ft. |
25 ft. |
|
1. Does not apply to that portion of a driveway that provides access from the right-of-way. |
||
E. Setback Standards for Structures. The required setbacks applicable to new development within all Zone Districts are listed in Table 7-7.
|
Zone District |
Front Setback |
Other Setback |
||
|---|---|---|---|---|
|
|
1st Floor |
2nd Floor |
1st Floor |
2nd Floor |
|
Residential-Agricultural (Zone RA) |
35 ft. |
35 ft. |
25 ft. |
25 ft. |
|
Institutional Overlay Zone |
60 ft. |
70 ft. |
40 ft. |
50 ft. |
|
Open Space-Resource Production (Zone OS-RP) |
100 ft. |
NA |
100 ft. |
NA |
|
Open Space-Recreation (Zone OS-R) |
50 ft. |
60 ft. |
40 ft. |
45 ft. |
|
Public Facilities (Zone PF) |
50 ft. |
50 ft. |
40 ft. |
40 ft. |
F. Variable Setback Standards. In addition to the minimum setback requirements shown in Table 7-7, those portions of residential structures located in an RA zone that exceed eighteen (18) feet in height shall be subject to the following:
1. Front Setbacks. The minimum required front setbacks shall be the sum of the following: (35 feet) + [(height of structure minus 18) * (1.4)].
2. All Other Setbacks. The minimum required setback for non-front setbacks shall be the sum of the following: (25 feet) + [(height of structure in feet minus 18) * (1.1)].
G. Access Gates. Gates for vehicles must be setback a minimum distance of twenty (20) feet from the roadway edge of pavement. (Ord. 2019-02 § 3; Ord. 2015-01 § 13; Ord. 2012-04 §§ 1, 2)
7.11.50 Uses and Development Permitted and Prohibited in Yards
This Section identifies permitted and prohibited development within yards and setback areas.
A. Development Permitted. The following are permitted in the required setback areas (yards).
1. Landscaping, garden paths, and/or steps are permitted in all yard areas.
2. Retaining walls and graded slopes are permitted subject to the following requirements:
a. Retaining walls less than three (3) feet in height above grade and used for landscaping and decorative purposes may encroach into the required yards.
b. For retaining walls and cut or fill slopes three (3) feet in height or greater, the minimum setback distance of any portion of any cut, fill or retaining wall from any property line is three (3) times its visible height at that point but not more than the baseline required setback.
3. Certain architectural features attached to the main structure may extend into a required setback area as specified in Table 7-8.
|
Projections |
Setback Encroachment |
|---|---|
|
Bay Windows and Similar Projections |
24-inches 12 ft. in width |
|
Chimney and Fireplace |
24-inches 8 ft. in width |
|
Cornice, Eave, Awning, or Roof Overhang |
36-inches |
4. Other uses may be allowed with the approval of a Standards Modification.
B. Exemptions to the Requirements of this Section. Fences or walls not used for earth retention, six (6) feet or less in height above the finished grade of the fence or wall, may be used in all required yards. The fence or wall must also be setback a minimum of six (6) feet from the edge of any pavement of a roadway, public or private or shared multiple lot driveway. Any wall or fence located within a right-of way, or within six (6) feet of the edge of any pavement, must conform to the terms of an Encroachment Permit. Permit application procedures are identified in Article 8. Barbed wire, razor ribbon and other security fencing materials are prohibited.
C. Prohibited Uses in Yards. The following uses are prohibited in required yards unless a Standards Modification is obtained.
1. Trash receptacles, except for fully screened enclosures located adjacent to the right-of-way and used for storage prior to the regular collection of trash.
2. Air conditioning units, pool pumps, compressors and other mechanical equipment that generates noise. (Ord. 2015-01 §§ 14, 16, 17)
7.11.60 Findings Required for Approval of a Standards Modification for Yards and Setbacks
The General Findings required by Section 7.19.80 must be made for the approval of a Standards Modification.