Chapter 9.24
PROPERTY DEVELOPMENT AND USE STANDARDS

Sections:

9.24.010    Purpose of chapter.

9.24.020    Applicability.

9.24.030    Access.

9.24.040    Development/design considerations.

9.24.050    Environmental compliance regulations.

9.24.060    Fences, walls, and hedges.

9.24.070    Hazardous materials storage.

9.24.080    Height measurement and height limit exceptions.

9.24.090    Screening and buffering.

9.24.100    Setback regulations and exceptions.

9.24.110    Solid waste/recyclable materials storage.

9.24.120    Street design and improvements.

9.24.130    Undergrounding of utilities.

9.24.010 Purpose of chapter.

The purpose of this chapter is to provide property development and use standards which are designed to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.020 Applicability.

A.    Applies to more than one zoning district. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.) and, therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

B.    Compliance. All structures, additions to structures, and uses shall comply with the standards of this chapter as determined applicable by the Director, except as specified in Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.030 Access.

A.    Vehicular access required. There shall be vehicular access from a dedicated and improved street, recognized private road, or alley to approved off-street parking facilities on properties requiring off-street parking facilities.

B.    Pedestrian access required. There shall be pedestrian access from a dedicated and improved street, trail, or recognized private road to property used for residential or business purposes.

C.    Paved turning areas required. There shall be adequate paved turning areas on parcels facing on and having access to major and secondary highways to allow motor vehicles to enter the street in a forward direction.

D.    Minimum accessway width. If vehicular access in a residential zone is by way of a driveway parallel with a side lot line, the accessway shall have a minimum unobstructed width (e.g., clear of any obstructions) of ten feet (10') from the street or alley to the building site, which shall be for both pedestrian and vehicular access. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.040 Development/design considerations.

The following standards are in addition to any specific development standards contained in this Development Code and shall be considered for all development projects, in compliance with Chapter 56 of this title (Site Plan Review), which would ensure a functional site plan, with an architecturally pleasing design:

A.    Access and vehicle circulation. Site access, parking, loading and drive aisles shall be designed to function in a safe and efficient manner, in compliance with Chapter 32 of this title (Off-Street Parking and Loading);

B.    Lighting. Exterior lighting shall be energy efficient, stationary, shielded and directed away from adjoining properties and public rights-of-way, and shall comply with Section 9.22.050 (Exterior light and glare);

C.    Screening. Mechanical equipment, storage, solid waste and recyclable material storage areas and utilities shall be located out of public view or otherwise screened from public view, in compliance with Section 9.24.080 (Screening and buffering);

D.    Signs. Any proposed sign(s) shall be integrated with the project’s design and shall not overwhelm or dominate the development project, in compliance with Chapter 34 of this title (Sign Standards);

E.    Surrounding development. The proposed development shall be compatible and harmonious with surrounding development, including the siting of the development project as it relates to the character of the neighborhood and the street, the massing of structures, and architectural detailing; and

F.    Transitions between land uses. The proposed development project shall be designed to protect adjacent land uses by promoting a compatible transition in terms of scale and character and buffering between areas of different land uses and zoning districts. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.050 Environmental compliance regulations.

Development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), General Plan environmental policies and any City environmental guidelines. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.060 Fences, walls, and hedges.

A.    Purpose. The purpose of this section is to establish requirements for fences, walls, and hedges to ensure that these elements:

1.    Minimize screening of scenic views and sunlight;

2.    Provide adequate buffering between different land uses;

3.    Provide suitable screening of allowable outdoor equipment and activities;

4.    Prevent visual obstructions at street and highway intersections; and

5.    Are designed to provide aesthetic enhancement of commercial and industrial land uses.

B.    Applicability.

1.    All fences, walls, and hedges. The provisions of this section shall apply to all fences, walls, and hedges unless otherwise stated.

2.    Site plan review. Fences and walls for multifamily, commercial, and industrial development projects are subject to site plan review in compliance with Chapter 56 of this title.

3.    Exemptions. These regulations 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, or to retaining walls which are regulated by Section 9.24.100 (Setback regulations and exceptions).

C.    General height limitations. Fences, walls, and hedges may be erected and properly maintained to the heights identified in Table 3-3, and measured from the highest adjoining finish grade.

 

TABLE 3-3
MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES 

	Maximum Height Allowed*
Location	Material limiting 50% or more of visibility	Material providing 50% or more of visibility
Front and street side yards**	3 ft. max.	7 ft. max.
Rear and interior side yards	7 ft. max.	7 ft. max.
On arterial or collector streets***	7 ft. max.	7 ft. max.
At intersections of alleys, streets, and driveways**	3 ft. max.	4 ft. max.

Notes:

*    In granting the site plan review (See Chapter 56 of this title), the Director may approve additional height to enclose or screen specific areas or uses.

**    The maximum height of the fence located within a thirty-foot (30') street corner cutoff shall not exceed three feet (3') as illustrated in Figure 3-1. Also see Section 9.24.060(K) (corner cutoff areas).

***    Greater heights may be granted, as part of a subdivision approval.

FIGURE 3-1
TRAFFIC SAFETY VISIBILITY AREA
(CORNER CUTOFF)
(Also see Figure 3-3)

D.    Measurement of fence or wall height. Where there is a difference in the ground level (e.g., finish grade) between two (2) adjoining parcels, the height of a fence or wall constructed along the common property line shall be determined by using the highest finish grade.

E.    Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install (or is required to install) a wall, the wall shall be installed and maintained in compliance with the following requirements:

1.    Arterial and collector streets. A combination of a landscaped berm and wall equal to a minimum of six feet (6') and a maximum of eight feet (8') in height.

2.    Wall height. The wall should be a minimum of six feet (6') in height as measured from the highest grade side. The wall(s) shall be masonry block or an equivalent material.

FIGURE 3-2
APPROPRIATE WALL TREATMENTS

F.    Walls required between different zoning districts. Walls shall be provided and maintained between different zoning districts in the following manner:

1.    Nonresidential.

a.    Where a nonresidential zoning district adjoins property in a residential zoning district (other than a public right-of-way), a solid masonry wall, a minimum of six feet (6') in height, shall be constructed on the zone boundary line, subject to site plan review in compliance with Chapter 56 of this title;

b.    The wall(s) may be constructed higher than seven feet (7') if the viewshed is not impacted, subject to site plan review in compliance with Chapter 56 of this title;

c.    This requirement for a solid masonry wall in a nonresidential zoning district may be waived, subject to site plan review (Chapter 56 of this title); provided, the adjacent parcel within the residential zoning district is designated for nonresidential use by the General Plan;

2.    Design and construction. The walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to the review and approval of the Director; and

3.    Modification of requirements. In granting site plan review (See Chapter 56 of this title), the Director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the adjoining property if the following findings can be made in a positive manner:

a.    The existing wall meets, or would be modified to conform to, the intent of this subsection;

b.    Suitable landscaping would be installed adjacent to the existing wall to supplement and enhance the desired physical separation;

c.    The existing wall would be protected to prevent vehicle damage, if necessary; and

d.    Concurrence of the adjoining property owner(s) would be obtained, to modify the existing wall to meet the requirements of this subsection.

G.    Allowable fence materials. All fences, except for security fencing installed in compliance with subsection I of this section, constructed or installed within the City shall be limited to the following materials, or combination of materials:

1.    Chain link;

2.    Concrete/block;

3.    Latticework fencing;

4.    Wood; and

5.    Wrought iron.

H.    Special fence and wall requirements.

1.    Outdoor equipment, storage, and work areas. Screening of allowable outdoor equipment and activities shall be provided in compliance with Section 9.24.090 (Screening and buffering).

2.    Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

3.    Pasture fences. In districts allowing the keeping of animals, pasture fences are permitted. These shall not exceed four feet (4') in height, with a maximum of four (4) strands. These shall be electrified only on the inside of the fence, with appropriate signage attached. This will exclude razor wire, concertina fencing, and coiled barbed wire.

4.    Corrugated metal fencing. Corrugated metal fencing shall be subject to the review and approval of the Director.

5.    Vinyl fencing. Vinyl fencing shall be subject to the review and approval of the Director.

I.    Security fencing. This subsection provides standards for the installation and maintenance of security fencing which shall be subject to the following criteria and standards:

1.    Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.    Barbed wire. A strand of twisted wire armed with barbs or sharp points.

b.    Chain link. Heavy steel wire woven in a diamond pattern mesh.

c.    Coiled barbed wire. A strand of barbed wire that is used in a coil looping form.

d.    Concertina fencing. A type of razor wire or barbed wire in which pairs of loops are clipped together in a coil configuration.

e.    Razor wire. A continuous coil of stainless steel ribbon with razor type barbs or sharp points.

f.    Security fencing. Barbed wire, coiled barbed wire, concertina wire, razor wire, or other similar products, but excluding electrified security fencing defined herein and subject to additional standards.

g.    Electrified security fencing. Fencing that complies with the installation and operation requirements set forth in California Civil Code Section 835, as that section may be amended from time to time, and the standards described in this section.

2.    General standards.

a.    Security fencing.

(1)    A warning sign shall be posted when security fencing is used. Warning signs, at least eight and one-half inches (8-1/2") by eleven inches (11") in size, shall be posted no more than ten feet (10') apart on the outside of the fence that does not abut an interior property line. The signs shall have letters at least one inch in height and shall give sufficient warning that the fence incorporates security fencing materials.

(2)    Security fencing shall be properly maintained at all times by the property owner to ensure the public comfort, health, safety, and welfare of the community. The property owner shall be responsible for repairing the security fencing within twenty-four (24) hours from the time the City issues the property owner a notice of correction.

(3)    Angle of installation. The security fencing shall be installed and maintained at a forty-five (45) degree or a ninety (90) degree angle into the property it is securing, measured from the vertical axis representing the fence. The security fencing shall not extend over adjoining public or private property.

b.    Electrified security fencing.

(1)    Civil Code Section 835 compliance. The electrified security fence and perimeter fence must meet all requirements described in Civil Code Section 835 as that section may be amended from time to time.

(2)    Where the electrified security fence is powered by an electrical energizer with both of the following output characteristics: an impulse repetition rate not exceeding one hertz (hz), and an impulse duration not exceeding ten (10) milliseconds or 10/10,000 of a second.

(3)    The electrified security fence meets at least the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76,” or any later approved standards and specifications.

(4)    OSHA/NRTL approval. The electrical components/configuration of the electrified security fence shall be approved by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL), and written confirmation of such approval must be provided to the City with the site plan submittal.

(5)    The electrified security fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:

(a)    The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30') feet apart.

(b)    The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(c)    The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.

(6)    The height of the electrified security fence does not exceed ten feet (10') or more than two feet (2') higher than an existing perimeter fence, whichever is greater. The electrified security fence shall be located behind a perimeter fence that is not less than five feet (5') in height. The amount of separation between the perimeter fence and the electrified security fence shall be in accordance with the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76,” or any later approved standards and specifications.

(7)    Hours of activation. No electrified security fence may be energized during hours when the property protected by such fencing is open to the public, except when personnel is available on site to deactivate the electrified security fence.

(8)    Emergency access.

(a)    A knox box, key box, or other similar approved device shall be provided as a means to disconnect the electrified security fence. This device shall be located outside the primary entrance of the property and shall not be obscured in any manner from the street/driveway access.

(b)    In the event that access by the City of Clovis Police and/or Fire Department is required due to an emergency or urgent circumstance, and the knox box or similarly approved device is absent or nonfunctioning, Police and/or Fire Department personnel shall be authorized to gain entry to the property in order to disable the electrified security fence. As a condition of permit issuance, the applicant and property owner shall agree in writing to waive any and all claims for damages relating to such entry to disable the electrified security fence against the City of Clovis or its personnel under such circumstances.

(9)    Fire Department registration. The applicant or owner of the property upon which the electrified security fence will be installed shall submit a completed registration form for the fence to the Clovis Fire Department.

(10)    Electrified security fencing shall be properly maintained at all times by the property owner to ensure the public comfort, health, safety, and welfare of the community. The property owner shall be responsible for repairing the security fencing within twenty-four (24) hours from the time the City issues the property owner a notice of correction.

(11)    Indemnification. All applicants issued a permit to install or use an electrified security fence as provided in this section shall agree in writing, in a form approved by the City Attorney, as a condition of permit issuance, to indemnify, defend, and hold harmless, the City of Clovis and its officers, officials, employees, agents, and volunteers from any and all claims, actions, proceedings, costs, expenses, losses, damages, obligations, and liabilities related to the electrified security fence, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electrified security fence.

3.    Security fencing and electrified security fencing permitted only in industrial zoning districts, subject to site plan review under Chapter 56 of Title 9.

a.    Concertina wire, razor wire, and/or similar products shall be prohibited in conjunction with a residential and commercial land use activity.

b.    Plans for the use of security fencing and electrified security fencing shall be approved by the Director, and a building permit shall be obtained before installation of the security fencing.

c.    All security fencing, including electrified security fencing, shall be appropriately screened from public view, to the satisfaction of the Director, to ensure that the fencing would not be visible from any residential area/neighborhood or public street rights-of-way.

d.    Fences or walls shall be a minimum of six feet (6') in height before the installation of barbed wire or coiled barbed wire, and shall not exceed eight feet (8') in height, including the barbed wire or coiled barbed wire.

e.    Concertina wire, razor wire, or similar products shall only be allowed when the fence or wall has a minimum height of eight feet (8'), before the installation of the wire, and shall not exceed ten feet (10') in height, including the concertina wire or razor wire.

f.    The installation and use of electrified fencing not meeting the definition of electrified security fencing in Civil Code Section 835 and not meeting the standards and requirements applicable to electrified security fencing in this section is prohibited in the City.

4.    Angle of installation. The security fencing shall be installed and maintained at a forty-five (45) degree or a ninety (90) degree angle into the property it is securing, measured from the vertical axis representing the fence. The security fencing shall not extend over adjoining public or private property.

5.    Authority to waive or modify requirements. The Director may waive or modify the requirements of this subsection in compliance with Chapter 62 of this title (Administrative Use Permits).

J.    Swimming pool enclosure required.

1.    Swimming pools shall be entirely enclosed by structures or fences or walls not less than five feet (5') in height.

2.    All fencing shall be in place and approved by the Building Inspector before water is run into the pool.

3.    All lighting of pool areas shall be shielded in compliance with Section 9.22.050 (Exterior lighting and glare) to ensure that the light does not shine toward abutting parcels.

K.    Traffic safety visibility areas (corner cutoff). The following regulations shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions that exceed a height of thirty-six inches (36") within the corner cutoff areas (see Figure 3-3).

1.    Intersecting a street or highway. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. It shall pass through the points located on both the front and side (or rear) property lines at a distance of thirty feet (30') from the intersection of the lines at the corner of an alley, highway, or street (see Figure 3-3).

2.    Private driveway intersecting an alley or street. There shall be a corner cutoff area on each side of a private driveway intersecting an alley or street. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. They shall pass through a point not less than six feet (6') from the edges of the driveway where it intersects the alley or street right-of-way.

3.    Alley intersecting an alley or street. There shall be a corner cutoff area on each side of an alley intersecting an alley or street. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the front, side, or rear property line. They shall pass through a point not less than ten feet (10') from the edges of the alley where it intersects the alley or street right-of-way.

4.    Irregular shaped parcel. Where, due to an irregular shaped parcel, a line at a forty-five (45) degree angle does not provide for proper intersection visibility, a corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet (30') from the intersection of the front and side (or rear) property lines and through a point on the side property line that is not less than thirty feet (30') from the intersection of the front and side (or rear) property lines.

5.    Downtown Commercial District (C-3) exemption. The corner cutoff requirement is waived in the Downtown Commercial District unless the Director finds that doing so would create an undue safety hazard at a specific location. Extra width sidewalks, slower traffic speeds and the general expectation by the public of urban street visibility mitigate the general need for corner cutoffs in this district.

FIGURE 3-3
SAFETY VISIBILITY AREA

L.    Allowed fences, walls, and hedges.

1.    Seven feet (7') high. Fences, walls, and hedges, not greater than seven feet (7') in height, shall be allowed on or within all rear and side property lines on interior parcels, corner parcels, and on or to the rear of all front setback lines.

2.    On reverse corner parcels. No solid fence, wall, or hedge over three feet (3') in height shall be allowed in any required front or street side setback of a reverse corner parcel. The only exception to this provision shall be for chain-link or wrought iron fencing with a minimum of a fifty percent (50%) see-through construction or for modifications granted through an administrative use permit.

3.    Tennis courts or other outdoor game areas. Fences or structures over seven feet (7') in height, to enclose tennis courts or other outdoor game areas located within the rear half of the parcel, shall be composed of wire mesh capable of admitting at least ninety percent (90%) of light as measured on a reputable light meter. A fence shall be allowed in the required side or rear setback subject to the Director’s review and approval, granted in compliance with Chapter 56 of this title (Site Plan Review). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

9.24.070 Hazardous materials storage.

A.    Compliance with State law. The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable State laws and that appropriate information is reported to the City in a timely manner.

B.    Definition of hazardous substances. For the purposes of this section, “hazardous substances” shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.

C.    Reporting requirements. All businesses required by State law to prepare hazardous materials release response plans shall submit copies of the plans, including any revisions, to the Director at the same time the plans are submitted to the Fire Department.

D.    Underground storage. Underground storage of hazardous substances shall comply with all applicable requirements of State law and California Fire Code. Businesses that use underground storage tanks shall comply with the following notification procedures:

1.    Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and

2.    Notify the Fire Department and the Director of any proposed abandoning, closing, or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

E.    Aboveground storage. Aboveground storage tanks for flammable liquids may be allowed subject to the review and approval of the Fire Department. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.080 Height measurement and height limit exceptions.

All structures shall meet the following standards relating to height, except for fences, walls, and hedges, which shall be in compliance with Section 9.24.060 (Fences, walls, and hedges).

A.    Maximum height. The height of structures shall not exceed the standard established by the applicable zoning district in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

B.    Height measurement. Maximum height shall be measured as the vertical distance from finish grade to the highest point on the structure.

C.    Exceptions to height limits. Exceptions to the height limits identified in this Development Code shall apply in the following manner:

1.    Roof-mounted structures.

a.    Roof-mounted structures for the housing of chimneys, church steeples, elevators, flagpoles, lofts, silos, stairways, towers, ventilating fans, water tanks, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of fifteen feet (15') above the allowed struc-

ture height, but only when properly screened from public view subject to the approval of an over height exception by the Commission.

b.    The total square footage of all roof-mounted structures that are allowed to exceed the maximum height shall not occupy more than twenty-five percent (25%) of the total roof area of the structure.

2.    No additional habitable space. No roof structure or any space above the height limits specified for the subject zoning district shall be allowed for the purpose of providing additional habitable (e.g., living or floor) space. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

9.24.090 Screening and buffering.

A.    Compliance. This section establishes standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, loading and unloading areas, and surface parking areas. It is the intent of this section that mechanical equipment, utilities and service areas are screened using an architecturally integrated design and construction.

B.    Screening required between different land uses.

1.    The maximum height of walls shall comply with the provisions of Section 9.24.060 (Fences, walls, and hedges). Walls shall be architecturally treated on both sides, subject to the review and approval of the Director.

2.    Pedestrian access gates, or an alternative means of screening, may be provided between the R&T Business Park and the abutting residential developments, subject to the review and approval of the Director.

C.    Mechanical equipment, loading docks, and refuse areas.

1.    All screen walls within commercial/office areas (viewable from public) shall be constructed of materials consistent with the development’s architecture. Chain-link fencing, lattice and grooved wood siding are not acceptable materials.

2.    Roof-, ground-, wall- and/or window-mounted mechanical equipment (e.g., air conditioning, generating, heating, swimming pool/spa, ventilation ducts, and exhaust equipment, etc.), loading docks, refuse storage areas, and utility services shall be appropriately screened from public view from abutting public streets and rights-of-way and abutting area(s) zoned for residential or open space uses.

3.    Roof access ladders shall be placed within the interior of the building or placed out of public view or view from adjacent residential areas.

4.    The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style.

5.    Landscaping shall be incorporated adjacent to the fences and/or walls to visually soften these elements, subject to the review and approval of the Director.

6.    Loading docks shall be appropriately screened from public view from abutting public streets and rights-of-way and abutting area(s) zoned for residential or open space uses.

7.    Loading docks shall be noise attenuated to meet General Plan standards in a manner that is visually compatible with the project.

8.    Where a depressed loading zone is located within fifty feet (50') of a residential zoned property, there shall be a minimum eight-foot (8') high solid grout masonry wall on the residential side of the loading zone. The noise source shall be contained within the height of the sound wall.

9.    Where a grade level loading zone is located within fifty feet (50') of a residential zoned property, there shall be a minimum twelve-foot (12') high solid grout masonry wall on the residential side of the loading zone. The noise source shall be contained within the height of the sound wall.

10.    Refuse, recycle and/or trash compactor enclosures shall not be placed adjacent to a residential area. The enclosure shall be placed a minimum of fifty feet (50') from the residential property line, or as otherwise approved through an administrative use permit.

11.    Fire sprinkler risers and equipment shall be placed within the structure or out of public view.

FIGURE 3-4
EQUIPMENT SCREENING

D.    Outdoor storage and work yards. Outdoor storage and work yards, and any similar outdoor uses, shall be screened from public view.

E.    Parking areas abutting public streets and rights-of-way. An opaque screen is to be installed along parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty-six inches (36") and not more than forty-two inches (42") at maturity. Where the finish grade of a parking area is lower at the boundary line than an abutting property elevation by at least twenty-four inches (24"), the change in elevation may be used in combination with additional screening to satisfy the requirements of this subsection, subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review).

1.    Opaque screening options. The opaque screen shall consist of one, or a combination, of the following:

a.    Landscaped berm. A berm constructed of earthen materials and landscaping to form an opaque screen;

b.    Fences. A solid fence constructed of wood, or other suitable materials, a minimum nominal thickness of two inches (2") to form an opaque screen; and/or

c.    Walls, including retaining walls. A wall of block, brick, concrete, stone, tile, or other similar type of solid decorative masonry material, a minimum of six inches (6") thick.

2.    Approval of Director required. The location, design (e.g., colors and materials), and construction of the opaque screen shall be subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review).

F.    Building materials and garden supply areas. Outdoor building materials and garden supply areas shall be screened with fencing, landscaping, meshing, walls, or similar materials to minimize visibility of the storage areas, subject to the review and approval of the Director, granted in compliance with Chapter 56 of this title (Site Plan Review). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.100 Setback regulations and exceptions.

This section establishes standards to ensure the provision of 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 and landscaping.

A.    Setback requirements.

1.    All structures shall conform to the setback requirements identified for each zoning district by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and with any special setbacks established for specific uses by this Development Code and applicable specific plan. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.

2.    Each setback shall be open and unobstructed from the ground upward, except as provided in this section.

B.    Exemptions from setback requirements. The minimum setback requirements of this Development Code shall apply to all structures, except for the following:

1.    Fences or walls constructed within the height limitations of this Development Code.

2.    Decks, steps, terraces, and other site design elements that are placed directly upon the finish grade and do not exceed a height of eighteen inches (18") above the surrounding finish grade at any point.

3.    Retaining walls less than four feet (4') in height above finish grade.

4.    Structures allowed under an approved rear yard encroachment.

a.    An accessory building may be located within the rear yard setback when such building is not located on an easement.

b.    An accessory building having an opening on an alley for vehicular access and parking shall be located not less than twenty-six feet (26') from the opposite side of the alley or not less than five feet (5') from the property line.

c.    Any accessory building permitted within the rear yard setback shall have provisions for all roof drainage to be taken care of on the subject lot.

d.    Where any building or structure, except swimming or wading pools, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Such substitute space shall have minimum area of sixteen (16) square feet.

5.    Pool/HVAC equipment in the rear and side yards shall be placed in accordance with Fire Department standards.

C.    Measurement of setbacks. Setbacks shall be measured as follows:

1.    Front setbacks. The front setback shall be measured at right angles from the nearest face of the property line adjoining the street to the nearest point of the wall of the structure, except as follows:

a.    Corner parcels. The front setback on a corner parcel measurement shall be taken from the nearest point of the structure to the nearest point of the nearest property line adjoining the public street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established, the required setback shall be measured from the established street right-of-way line(s).

b.    Flag lots. The measurement shall be taken 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 building line parallel to the lot line nearest the public street or right-of-way.

2.    Street side setbacks. The side setback on the street side of a corner parcel shall be measured from the property line adjoining the street.

3.    Side setbacks. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the side property line that extends between the front and rear yards.

4.    Rear setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line that extends between the side yards, except:

a.    The rear yard on the street side of a double frontage parcel shall be measured from the nearest point of the rear property line adjoining the street. However, if an access easement or street right-of-way line extends into or through a rear setback, the measurement shall be taken from the nearest point of the easement or right-of-way line.

b.    Where the side lot lines converge to a point, a line ten feet (10') long within the parcel parallel to and at a maximum distance from the front lot line shall be deemed the rear lot line for the purpose of determining the depth of the required rear setback (see Figure 3-5).

5.    Irregular shaped parcels. The Director shall determine the designation of front, side and rear setbacks on irregularly shaped lots having more than four (4) property lines.

FIGURE 3-5
IRREGULAR SHAPED PARCELS

D.    Allowed projections into setbacks. The following architectural features may extend into the front, side, and rear setbacks, only as follows:

1.    Chimney. A fireplace chimney, up to six feet (6') in width, may extend thirty inches (30") into a required setback, but no closer than three feet (3') to a side or rear property line.

2.    Cantilevered architectural features. Cantilevered architectural features on the main structure, including balconies, bay windows, canopies, cornices, eaves, solar devices, and pop-out tubs, that do not increase the floor area enclosed by the structure, may extend into required setbacks in compliance with Table 3-4.

3.    Porches and stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend into required setback in compliance with Table 3-4.

TABLE 3-4
MAXIMUM ENCROACHMENTS FOR ARCHITECTURAL FEATURES

Setback	Maximum Allowable Encroachment
Front	Up to five feet into the required front setback
Side	Up to two feet into a required side setback, but no closer than three feet to a side property line
Rear	Up to three feet into the required rear setback

4.    Setback requirements for specific elements/features:

a.    Ponds, pools, and other site design elements.

(1)    Under eighteen inches (18"). Site design elements less than eighteen inches (18") above finish grade are exempt from meeting setback requirements. Landscape ponds may be located in a required front or side setback, subject to applicable building and health codes.

(2)    Pool setbacks. Pool setbacks shall be measured from the waterline, and shall be set back a minimum of five feet (5') from the property line.

(3)    Eighteen inches (18") and over. Detached decks, ponds, steps, and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height or depth of eighteen inches (18") above the surrounding finish grade at any point, shall conform to the setback requirements established for the applicable zoning district.

b.    Retaining walls. Meaning a wall which structurally retains earth.

(1)    Up to six feet (6'). Retaining walls up to six feet (6') in height may be located within a required setback.

(2)    Decorative landscape retaining walls. Decorative landscape retaining walls shall not exceed three feet (3') in height above the finished grade.

(3)    Construction materials. Required retaining walls shall not be constructed of stacked blocks unless engineered. Poured concrete shall be used unless this provision is modified by the Director in compliance with Chapter 56 of this title (Site Plan Review). If the face of the retaining wall is visible from the public street, the wall shall be constructed of decorative masonry, subject to the review and approval of the Director. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

9.24.110 Solid waste/recyclable materials storage.

This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911, as these sections exist or may be amended).

A.    All structures and uses. All structures and uses within the multifamily (with five (5) dwelling units or more), commercial, industrial, and mixed use zoning districts shall provide refuse and recyclable material enclosures subject to the review and approval of the City’s Public Utilities Director.

B.    Location requirements. Refuse and recyclable materials enclosures shall be located in the following manner:

1.    Combined together. Recycling baskets, refuse and green waste carts, and future recycling carts shall be adjacent/combined with one another. They may be located on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in a side or rear setback, with appropriate screening, in compliance with subsection (C)(4) of this section (Be screened). Storage area(s) shall not be located in a required front or street side setback, parking space, landscaped or open space areas, or any area(s) required by the Municipal Code.

2.    Unobstructed access. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance, as required by the collection methods and vehicles utilized by the Public Utilities Department. The location of and access to the enclosures shall be designed to ensure that the collection vehicles would be able to enter and exit in a forward direction.

3.    Screening required. Storage bins (e.g., recycling carts and solid waste dumpsters) shall be screened in compliance with Section 9.24.090 (Screening and buffering) and subsection (C)(4) of this section (Be screened).

4.    Minimum distance from adjacent structures. Enclosures shall not be located closer than twenty feet (20') from doors or operable windows of adjacent structures.

C.    Design and construction. The design and construction of the refuse and recyclable materials enclosures shall be in compliance with the City’s standard specifications subject to the review and approval of the City Engineer, and shall:

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

2.    Concrete pad required. Provide a concrete pad within the fenced or walled area(s) and a con-

crete apron which facilitates the handling of the individual bins or containers;

3.    Protection from adverse conditions. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

4.    Be screened.

a.    Be appropriately located and screened from view on all sides.

b.    Screening of the solid waste and recyclable material storage bins shall consist of solid decorative masonry walls, metal gates, and landscaping.

c.    The size of the metal gates shall be determined by the City Engineer, based on the use and the projected waste stream.

d.    Overhead trellises may be required to screen views from above.

e.    The design shall be architecturally compatible with the surrounding structures and subject to the review and approval of the City Engineer and the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.120 Street design and improvements.

A.    Public Streets. All public street design and related improvements shall conform both in alignment and width to the Circulation Element of the General Plan, any applicable specific plan, and the City’s standard specifications, and the rights-of-way for these streets shall be dedicated to the City. The street design shall conform to any proceedings affecting the division of land which may have been initiated or approved by the Council or approved by the Council upon initiation by other legally constituted authorities of the County or State, and shall be subject to the approval of the City Engineer.

B.    Private Streets. All private streets and drives shall conform to the standards approved under a discretionary action approved by the City Council for a planned development set forth in Section 9.66.090 (Circulation standards) or adopted City standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.24.130 Undergrounding of utilities.

All utilities (e.g., cable television, electric and telephone facilities, fire alarm conduits, street lighting wiring, and other wiring conduits and similar facilities) on and serving the project site, except for electrical lines of 16 KV or greater, shall be installed underground. The undergrounding shall be accomplished in compliance with the utility’s rules and tariff schedules on file with the California Public Utilities Commission. The review authority may grant a modification or waiver of this requirement if it finds that the general purposes and nature of the proposed development, and conditions of the site or vicinity, make underground installation infeasible. (§ 2, Ord. 14-13, eff. October 8, 2014)