Chapter 17.58
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
17.58.020 Rules governing use of zoning map and symbols.
17.58.030 Regulations are minimum.
17.58.040 Relationship to other regulations and to private restrictions.
17.58.050 Additional uses permitted.
17.58.055 Mobilehome placement.
17.58.060 Building sites, areas and easements.
17.58.010 Designated.
The regulations specified in this title shall be subject to the general provisions and exceptions enumerated in Sections 17.58.020—17.58.110. (Prior code § 3121.01)
17.58.020 Rules governing use of zoning map and symbols.
Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:
1. Where such boundaries are indicated as approximately following property, street or alley lines, such lines shall be construed to be such boundaries;
2. In unsubdivided property and where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;
3. A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries;
4. Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacated or abandoned street or alley;
5. Where a parcel of land is divided by a district boundary, all or any part thereof may be placed in either district by approval of a variance application. (Prior code § 3121.02)
17.58.030 Regulations are minimum.
In interpreting and applying the provisions of this title, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare. (Prior code § 3121.03)
17.58.040 Relationship to other regulations and to private restrictions.
A. Where conflict occurs between the regulations of this title and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.
B. It is not intended that this title interfere with or abrogate or annul an easement, covenants or other agreements now in effect; provided however, that where this title imposes greater restrictions than are imposed or required by other titles, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall apply. (Prior code § 3121.04)
17.58.050 Additional uses permitted.
The following accessory uses, in addition to those hereinafter mentioned, shall be permitted:
1. The renting of rooms for not more than three paying guests in a dwelling;
2. The operation of necessary service facilities and equipment in connection with schools, colleges, and other institutions when located on the site of the principal use;
3. Recreation, refreshment and service buildings in public parks, playgrounds and golf courses;
4. Off-street parking areas in conjunction with commercial uses may be permitted in “R” districts on properties adjoining “C” or “M” districts upon the securing of a use permit in each case. (Ord. 1105 § 2 (part), 2008; prior code § 3121.05)
17.58.055 Mobilehome placement.
Except as hereafter provided, mobilehomes shall be located in trailer courts or mobilehome parks as provided for in this title except when a use permit is granted by the planning commission for temporary use of a unit outside of a court or park for a caretaker, during construction of a permanent structure or under other special hardship circumstances.
Mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) which are constructed and/or purchased after October, 1976, shall be permitted on an individual lot in any zoning district wherein a single-family residential dwelling unit is permitted, subject to the following requirements:
1. The mobilehome shall be placed on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code.
2. The requirements of the applicable zoning district, including but not limited to those for use permits; lot area, width and setbacks; and parking, etc., as set forth for single-family residential dwellings and other standards affecting single-family residential dwellings as may be set forth in a planned development use permit or subdivision approval shall be adhered to.
3. The mobilehome shall be subject to the provisions of Chapter 17.06 for architectural review. Architectural features to be considered in the review for compatibility of uses shall include roof overhang, roofing materials, siding materials and the parking structure. (Ord. 445 Exh. A (part), 1981)
17.58.060 Building sites, areas and easements.
A. Any lot or parcel of land in one ownership having an area sufficient for more than one dwelling may be used and a building permit may be issued for such use; provided the owner thereof who changes or intends to change any existing lot line or lines or to establish new lot lines, files with the city planning commission, a record of survey map showing the proposed lot lines and the lots and building sites to be established in conformity with the regulations of the city.
Every residential structure shall have frontage on a public street, or an access way which has been approved for residential access by the planning commission.
B. A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard. In exception to the provisions of this section, a garage or other similar out building not exceeding fifteen feet in height at the ridge may be built to the side, and/or rear line; provided that said garage or similar out building is not less than seventy-five feet from any street, and otherwise shall observe a five foot clear distance for side yard and rear yard. A garage or accessory building that is not attached to and made part of the main building shall not be closer than eight feet clear distance to main building.
The total floor area of all accessory structures on a single parcel, except for residential accessory dwellings/second units, shall not exceed 50 percent of the habitable floor area of the primary residential dwelling on the same parcel. Exceptions to this area requirement may be granted, subject to the issuance of a conditional use permit by the planning commission. This requirement shall not apply to properties located within the historic district, as identified in Chapter 17.52 of this code.
C. In the case of a corner lot abutting upon two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front half of such lot.
D. Any lot of record existing prior to the date of adoption of the ordinance codified herein shall be considered a legal building site. (Ord. 945 § 2, 2001; prior code § 3121.06)
17.58.070 Yard requirements.
A. No yard or other open space provided about any building for the purpose of complying with the regulations of this title shall be considered as providing a yard or open space for any other building or structure.
B. In any case where a setback line, building line or official plan line has been established, the required yards or the street frontages of lots shall be measured in accordance with such lines and in no case shall the provisions of this title be construed as permitting any structure to extend beyond such lines.
C. Garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this title, may be connected thereto by a breezeway. No parking spaces as required by this title, shall be located in any required front yard, or in any required side yard on the street side of any corner lot.
D. In cases where side yards are to be computed on the basis of twenty percent of the width of the lot under the terms of this title, no such side yard need exceed sixteen feet in width unless required by other regulations.
E. Cornices, eaves, canopies, fireplaces and similar architectural features, but not including any flat wall or window surface, may extend into any required yard a distance not to exceed two feet.
F. Uncovered porches or stairways, fire escapes or landing places, may extend into any required front or rear yard, a distance not to exceed six feet and into any required side yard a distance not to exceed one-half of the width of the side yard required for the lot.
G. In any “R” district where forty percent or more of the building sites on any one block, or portion thereof in the same district, have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum requirement of that specified for the district, but in no case less than ten feet.
H. In case a dwelling is to be located so that the front yard or rear yard thereof faces any side lot line, such dwelling shall be located not less than ten feet from such lot line. The shorter of the street frontages of a corner lot shall be considered to be the front of the lot.
I. In the case of a corner lot adjacent to a key lot in any “R” district, the setback on the street side of the corner lot within twenty feet of the side line of the key lot shall be equal to the front yard required on the key lot, and a clear five foot rear yard shall be maintained on the corner lots.
J. In “R” districts, fences in side and rear yards may not exceed six feet in height, and may not exceed three and one-half feet in front yards.
K. In any full block of lots the front yards may be varied so that the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth, and corner lot yards are not reduced.
L. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any “R” or “B” district.
M. Yards required for residential buildings which may be permitted on use permit shall be as required for the particular district, or for R-4 districts, whichever yard requirements are greater. (Prior code § 3121.07)
17.58.080 Height exceptions.
Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than 25 feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights for public utility structures may be permitted upon approval of the planning commission. Height limitations provided herein shall not apply to electrical transmission lines and towers. (Prior code § 3121.08)
17.58.120 Land division fee.
An application for a land division or lot split shall be accompanied by a fee of $25. (Ord. 323 § 31, 1975)