Chapter 17.57
PROPERTY DEVELOPMENT STANDARDS—RESIDENTIAL

Sections:

17.57.010    Purpose.

17.57.020    Residential Development Standards.

17.57.030    Multifamily Residential Development Standards.

17.57.040    Accessory Buildings and Structures.

17.57.050    Distance Between Buildings.

17.57.060    Setbacks.

17.57.070    Walls and Fences.

17.57.010 Purpose.

It is the purpose of this chapter to provide development standards to all properties and structures permitted within residential zones. The following property development standards apply to all residential property and structures. The dimensions shown are the minimum required, unless otherwise stated. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.57.020 Residential Development Standards.

A.    Architecture. All new single-family homes shall be designed with architectural treatments and articulation on all sides (three hundred sixty (360) degree architecture). Building materials shall be high quality, durable, and natural-appearing. Homes on corner lots or view corridors that are more visible to the public shall require a higher level of design on the more prominent elevations.

B.    Rear Yard Coverage. Not more than fifty percent (50%) of the required rear yard shall be covered by buildings or other roofed structures.

C.    Buildings and structures exceeding two (2) stories or thirty-five (35) feet in height, whichever is more restrictive, shall require approval of a conditional use permit.

D.    Covered patios which are enclosed on more than two (2) sides with any material including detachable screens, glass or plexiglass panels shall be considered an enclosed patio and, at the discretion of the Director, shall meet all code requirements for new construction. Proposals may be subject to conditions of approval. Consideration shall be given to whether the proposed structure will be visible from the street or from adjacent and neighboring lots. At the discretion of the Director, compatibility with existing structures shall be maintained including roof style, finishes, colors, trims and architectural themes.

E.    Air conditioners, antennas, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants, and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Heights of said equipment, excluding antennas, shall not exceed the required height of the underlying zone.

F.    Metal Siding. Siding for new single-family homes shall reflect the character of surrounding homes and residential uses and shall not be composed primarily of metal.

G.    Sloped Roof. The primary roof of new single-family dwellings shall be sloped with a minimum incline of two to twelve (2:12) feet. New additions which change the roofline of existing single-family residences shall have sloped roofs where consistent with the existing design of the house and surrounding neighborhood. This sloped roof requirement does not apply to open patio covers. An adjustment shall be obtained in accordance with Section 17.24.100 (Adjustments) for residential roof slopes of less than two to twelve (2:12).

H.    Modifications of Garages. Conversions of existing required garages into habitable space is permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements. Modifications shall not be permitted which reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages. Clear entry shall be provided for all garages at a minimum of sixteen (16) feet for two (2) car garages and eight (8) feet for single car garages.

I.    Any new residential development, tract map, and/or parcel map that is located within five hundred (500) feet from the edge of right-of-way from Interstate 5 and/or State Route 14 shall require a health risk assessment to determine air quality impacts on sensitive uses.

J.    Flag Lots. The flag portion of a flag lot, if permitted, shall not be counted toward the minimum lot area requirement. Flag strips shall have a minimum width of twenty (20) feet except where they form a common driveway with other such access strips. Maximum singular or shared driveways do not need to exceed the roadway width for fire truck access as established by the Fire Department.

K.    Roof-mounted or installed air conditioners shall be prohibited on residential development. This however shall not preclude the replacement of existing legal roof-mounted air conditioners with new units which are the same general dimensions of the original unit.

L.    All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines, with consideration given to the safety of the rail corridor.

M.    All light sources shall be directed downward and shielded from streets or adjoining properties. Illuminators should be integrated within the architecture of the building.

N.    Residential Lots Shall Be Kept Free of Vehicles. With the exception of the driveway, a person shall not keep, store, park, maintain or otherwise allow any vehicle or any vehicle part in the following:

1.    Required front yard; and

2.    Any additional area of a residential lot that is not predominantly screened from a public or private street by solid fencing, walls or vegetation. This shall not apply to residential lots that are over a gross quarter (1/4) acre (ten thousand eight hundred ninety (10,890) square feet) or in the special standard districts of Placerita Canyon, Happy Valley and Sand Canyon, as shown in Figure 17.57-1 (Residential Parking Areas).

Figure 17.57-1

Residential Parking Areas

O.    Front Yard Landscaping. The following shall serve as a guideline for exemptions to the front yard landscape requirement, as shown in Figure 17.57-2 (Driveway Paving), subject to the approval of the Director:

1.    Paving or other similar types of hardscape intended for vehicular use shall be permitted to extend a maximum of ten (10) feet into the adjacent side yard from the driveway past the width of the garage into that portion of the required front yard that is on the opposite side of the garage as the front door of the residence.

2.    All proposals for paving or hardscape intended for vehicular use to extend beyond the ten (10) feet as permitted above shall be subject to review by the Director. The proposal shall be reviewed on the basis of compatibility with the surrounding neighborhood and with the intent of the code.

3.    The approval of the City shall not supersede the approval of any other affected agency including, but not limited to, homeowners’ associations (HOAs) or similar entity. Covenants, conditions, and restrictions (CC&Rs) may apply to the property in question.

4.    In cases of side-loaded/side-entry garages, paving for vehicular use shall be permitted in the required yard that is on the same side as the front door, subject to review by the Director. Landscaping shall be provided in the required front yard that is not approved for driveway paving.

5.    No vehicles shall be permitted to traverse any area designated as landscaping in the required front yard.

6.    Only in cases of unique lot shapes, and where no other alternative is available, shall paving or other similar types of hardscape intended for vehicular use extend from the driveway past the width of the garage into that portion of the required front yard that is on the same side of the garage as the front door of the residence. Any such request shall be subject to approval of an adjustment, pursuant to Section 17.24.100 (Adjustments).

Figure 17.57-2

Driveway Paving

P.    Width, Paving and Slope of Driveways. Access to parking spaces required by this code shall be developed in accordance with the following:

1.    Driveways shall be not less than ten (10) feet wide.

2.    Where this section requires that such access be paved, the pavement shall be not less than ten (10) feet in width throughout, except that a center strip over which the wheels of a vehicle will not pass in normal use need not be paved.

3.    Unless modified by the City Engineer and approved by the Fire Department because of impacts to oak trees or topographical or other conditions:

a.    No portion of a driveway providing access to parking areas shall exceed a slope of twenty percent (20%). Where there is a change in the slope of driveway providing such access, it must be demonstrated that vehicles will be able to pass over such change in slope without interference with their undercarriages.

b.    Changes in slope along the run of a driveway must be at a maximum algebraic grade difference of ten percent (10%) per grade break for a minimum of ten (10) feet per grade break. This profile shall be measured along the maximum slope of the driveway. All grade breaks shall be rounded with a five (5) foot long vertical curve. (An exception is driveway approaches per APWA standards.)

4.    All parcels less than one (1) acre in size shall have a solid/secure surface driveway (concrete, asphalt or other surface) that complies with the driveway standards to the satisfaction of the Director.

5.    Where driveways are not perpendicular to the street, sufficient back-up room shall be provided to the satisfaction of the Director.

6.    Circular driveways are not permitted for lots having less than ten thousand nine hundred eighty (10,980) square feet.

Q.    Mobilehomes/Manufactured Homes on Residential Lots. Mobilehomes and manufactured homes as provided for in Chapter 17.42 (Residential Use Types) shall meet the following requirements:

1.    The mobilehome or manufactured home shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).

2.    The mobilehome or manufactured home shall have been constructed less than ten (10) years prior to the date of the application for the issuance of permits to install such mobilehomes or manufactured homes.

3.    The mobilehome or manufactured home shall be installed on permanent foundations on individual lots.

4.    The mobilehome or manufactured home shall be installed in places which are not exempted pursuant to Government Code Section 65852.1(b) as having a special character or special historic interest.

5.    All mobilehomes or manufactured homes shall possess roof eaves with overhangs of at least sixteen (16) inches.

6.    All mobilehomes or manufactured homes shall possess a sloped roof with a minimum incline of two to twelve (2:12) feet.

7.    The exterior walls or siding shall reflect the character of surrounding residential uses and shall not be composed primarily of metal.

R.    Mobilehomes as Temporary Residences. A mobilehome may be used as a temporary residence during the construction of a permanent single-family residence as follows:

1.    It shall be occupied only by the owner of such residence and their family.

2.    It shall be occupied only while a building permit for the construction of such residence is in full force and effect.

3.    It shall be in conformance with Section 17.23.200 (Temporary Use Permit).

4.    Unless otherwise stated in Section 17.23.200 (Temporary Use Permit), the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or permanent, is prohibited in all zones.

S.    Residential units shall be limited to one (1) electric service meter per residential unit. A second unit or guest house shall not be considered a residential unit for this section.

T.    The cultivation and storage of cannabis at private residences shall comply with standards set forth in Section 17.51.005.

(Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 18-3 § 2, 4/10/18)

17.57.030 Multifamily Residential Development Standards.

A.    Required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. However, parking areas shall not be permitted within the required front setback.

B.    Multifamily residential buildings and communities shall be designed in a manner to reduce the potential for criminal activity. Elements such as a clear delineation between private and public spaces, ample visibility of both indoor and outdoor common areas, and proper lighting shall be incorporated into multifamily projects. Dead-end drive aisles, alleyways, or pedestrian paths shall be avoided. Paths, alleyways, and drive aisles shall be designed for through traffic/pedestrian movements and shall be highly visible and well lit. Other practices and methods related to crime prevention through environmental design (CPTED) are also encouraged.

C.    Masonry walls six (6) feet in height, from the highest finished grade, shall be required on the rear and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy, as determined by the Director of Community Development.

D.    Where a lot fronts on more than one (1) street it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages.

E.    Open Space. Open space shall be provided for each residential unit as follows:

1.    Studio units—two hundred (200) square feet;

2.    One bedroom units—three hundred (300) square feet;

3.    Two (or more) bedroom units—four hundred (400) square feet;

4.    Single-family detached/townhome units—six hundred fifty (650) square feet.

Open space shall be split into required yard space and recreational facilities throughout the common areas of the development as prescribed in this section. A minimum of fifty percent (50%) of the open space shall be dedicated to the required yard for each residential unit. The remaining space may be used to fulfill additional recreational facilities as prescribed in this section, and/or may be applied to the required yard areas to the satisfaction of the Director of Community Development. Land required for setbacks or occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement; however, land occupied by any recreational structures may be counted as required open space.

F.    Storage Space. If a fully enclosed garage is not provided, a minimum of two hundred fifty (250) cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; alternate locations may be approved by the Director.

G.    Recreation Facilities. The following recreation facilities shall be provided at a minimum unless waived by the Director:

1.    Landscaped park-like quiet area;

2.    Children’s play area;

3.    Family picnic area; and

4.    Swimming pool with cabana or patio cover.

H.    Recreation vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreation vehicles.

I.    Trash Collection Areas. The following requirements shall be met for all trash collection areas for multifamily residential development:

1.    Trash areas shall be provided for each multifamily residential building. All trash areas not located inside a building shall be paved and located in the rear yard. Such area shall have minimum inside dimensions of eight (8) feet by five (5) feet, shall accommodate source separation of recyclable materials in accordance with State requirements, and shall be screened from view by a five (5) foot high masonry wall, solid gates, and a solid roof. One (1) trash area shall be provided for the first ten (10) residential units, and one (1) trash area for each additional ten (10) units, or major fraction thereof.

2.    Multifamily residential developments that require individual waste collection for each unit shall provide space for all required waste bins to be screened from public view.

J.    The conversion of any project to condominium ownership shall meet all requirements of this code to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, outdoor storage/sales, or screening standards be waived. A specific Commission waiver shall be required where the multifamily residential requirements cannot be reasonably met.

K.    Metal Siding. New multifamily dwellings and required parking structures shall not possess on the surface of the exposed exterior walls siding composed primarily of metal. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)

17.57.040 Accessory Buildings and Structures.

A.    Such buildings and structures shall not exceed twenty (20) feet in height or exceed the height of the primary residence, whichever is less, in the UR2, UR3, UR4, and UR5 zones.

B.    Such buildings and structures, including freestanding shade awnings, sheds, pergolas, garages and other attached, semi-attached and outbuildings shall be consistent and compatible with the primary dwelling unit in terms of architecture, finish materials, and color.

C.    The use of metal storage containers is prohibited in residential zones, unless they meet the design standards of this code.

D.    Modular Building for Nonresidential Uses. Modular buildings for nonresidential uses in residential zones shall be subject to the following additional requirements:

1.    Must be set back twenty-five (25) feet from property lines of properties developed with residential uses;

2.    Shall be subject to the approval of a minor use permit in accordance with Section 17.24.120 (Minor Use Permit);

3.    Shall be subject to the approval of a landscape plan review, in accordance with Section 17.23.150 (Landscape Plan Review), to ensure that the buildings are adequately screened from public views and from adjacent residences;

4.    The applicant shall submit plans identifying changes to parking and lighting to ensure that there are no adverse impacts to adjacent residences.

E.    Mobile or portable canopies are not permitted in the front yard or side yard setback areas, whether proposed to be located on a driveway or otherwise.

F.    Above-ground utility boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director of Community Development.

G.    All legal residential parcels shall be permitted to have one (1) driveway point, unless otherwise specified by the City Engineer.

H.    All ground-mounted mechanical equipment shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme.

I.    All utility connections shall be designed to coordinate with the architectural elements of the building(s) and/or site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be installed underground.

J.    Residential Sport Courts. Residential sport courts shall be subject to the following standards:

1.    Existing single-family residences within a residential zone may have up to one (1) sport court (including applicable walls and/or fences) consisting of a single sport area. Additional residential sport courts or sport areas may be permitted subject to the approval of a minor use permit.

2.    A residential sport court, requiring an enclosure, wall, structure or fence that surrounds or is an integral part of such court, shall be designed so as to reasonably reduce or eliminate light, noise, and other impacts on surrounding homes and properties. Where appropriate and feasible, landscaping shall be used to screen the sports court from neighboring properties. Additional noise attenuation may also be required by the Director. The required setback for all sport courts with an enclosure, wall, or fence shall be fifteen (15) feet from all side and rear property lines. No enclosures shall be within any front or reverse-corner yard setbacks.

3.    All lighting associated with a residential sport court shall be completely screened. Spillover prevention may require substantial shielding of both the fixture and pole. In no event shall light fixtures extend more than fifteen (15) feet above the grade of the sport court. Light fixtures shall be of full cut-off design with the bulb fully enclosed within the fixture. Lights shall be focused downward and shall not wash or spill onto adjacent properties. Lighting fixtures are prohibited within fifteen (15) feet from any rear or side property line. They are also prohibited within any front or reverse-corner yard setbacks.

4.    Lighting for exterior sport courts and/or areas shall not be used between the hours of nine p.m. and eight a.m.

K.    Guesthouses. A guesthouse is a detached accessory building located on the same property as a legal single-family dwelling unit, providing temporary living quarters for the temporary use by occupants of the main residence or temporary guests of the occupants of the primary dwelling unit. Such quarters may have bath and toilet facilities but no cooking facilities specifically defined as a cook-top, stove, or range. Food preparation areas intended for entertainment purposes, along with other facilities or appliances related to overnight guests, are permitted. This may include, but is not limited to, warming ovens, sinks, wet bars, refrigeration, and laundry facilities. Guest houses may not include electrical and/or plumbing connections that could be used to support permanent cooking facilities (cook-top, stove, or range).

1.    Locations. A guesthouse may be permitted only on parcels that meet the following criteria:

a.    The parcel shall be zoned any of the following zones (NU1, NU2, NU3, NU4, NU5, UR1, UR2, UR3, UR4, UR5, or OS-A).

b.    The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit).

c.    Only one (1) guesthouse shall be permitted per parcel unless an approved minor use permit is obtained.

2.    Development Standards. A guesthouse shall be subject to all the development requirements of the underlying zone, with the exception of the following:

a.    Where guesthouses or similar facilities are attached to the primary dwelling unit, they shall be considered to be an addition to a residential structure and shall be subject to the required setbacks and development standards for the underlying zone.

b.    The guesthouse shall meet the setbacks applicable to accessory structures.

c.    The guesthouse, or the structure that contains the guesthouse, shall not exceed the height (floor to peak) of the primary dwelling unit and is subject to the height standards listed in subsection (A) of this section.

d.    The architecture, construction materials and color of the guesthouse shall be consistent and compatible with that of the primary dwelling unit.

3.    Services. All services, including water, electric, and sewer shall be provided from the primary dwelling. Separate, independent services for the guesthouse shall not be allowed.

4.    Other. Guesthouses are for temporary occupancy and may not be rented or otherwise used as a separate dwelling.

L.    Second Units. The purpose of this subsection is to provide for the creation of second units, pursuant to Section 65852.2 of the Government Code. A second unit is a residential use that is consistent with the residential zone designations.

A second unit is either a detached or attached dwelling unit, other than the primary unit, that provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (kitchen) and sanitation on the same parcel on which a primary dwelling unit is situated. A second unit shall be subject to the issuance of an administrative permit per Section 17.23.100 (Administrative Permit).

1.    Locations. A single second unit may be permitted only on parcels that meet the following criteria:

a.    The parcel shall be zoned any of the following categories: NU1, NU2, NU3, NU4, NU5, UR1, UR2, UR3, UR4, UR5, or OS-A.

b.    The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit).

c.    The second unit shall not be sold separately from the primary unit.

d.    If located in an area restricted to a single route of access, the second unit shall comply with the restricted residential access standards identified in Section 16.07.020 (Restricted Residential Access).

2.    Development Standards. A second unit shall be subject to all the development requirements of the underlying zone, with the exception of the following:

a.    Size. The gross living area of the second unit shall not exceed fifty percent (50%) of that of the primary dwelling unit.

b.    Density. A second unit is permitted on any legal parcel that meets the minimum lot size for the zone in which it is located.

c.    For residential parcels measuring five thousand (5,000) square feet and less, the second unit shall be attached to the single-family residence. For parcels greater than five thousand (5,000) square feet, the second unit may either be attached or unattached.

d.    Setbacks. Second units shall be subject to the same setback standards that are applicable to the primary dwelling unit.

e.    Bedroom Requirement. In no case shall a second unit contain more than two (2) bedrooms.

f.    Height. A detached second unit shall not exceed the height (floor to peak) of the primary dwelling unit, subject to the height standards listed in subsection (A) of this section.

g.    Parking. The second unit shall be provided one (1) standard parking space (nine (9) feet by eighteen (18) feet). The required parking space shall be located on the parcel upon which the second unit is located. The parking space may be a tandem space and may be uncovered. Said parking space shall be surfaced and accessed pursuant to Section 17.51.060(E) (Parking Standards).

h.    Architecture. Architecture of the second unit shall be compatible with that of the primary dwelling unit.

i.    Entrance/Exit. Attached second units shall be provided with an independent entry/exit to the exterior of the unit. No entrance to the attached second unit shall be located on the same building elevation as the entrance to the primary dwelling unit. The appearance of a “duplex” shall be avoided.

j.    Attached Second Units. Attached second units shall share a common wall with the single-family dwelling or shall share an integral roof structure having the same framing system and roof covering as the primary dwelling unit. The maximum separation between the primary single-family residence and the attached second unit shall not exceed twenty (20) feet at any given point. The second unit may be situated over attached garages.

k.    Detached Second Units. Detached second units shall be located behind the single-family dwelling unit and shall be located at least six (6) feet away from the exterior wall of the primary unit, and may be situated over a detached garage. In cases within the UR2, UR3, UR4, and UR5 zones where the second unit is connected to a detached garage, the maximum height of the combined structure shall not exceed twenty (20) feet or the maximum height of the primary unit, whichever is less, subject to the height standards listed in subsection (A) of this section.

l.    Construction Materials. Construction materials and colors of the second unit shall be compatible with those of the primary dwelling unit. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)

17.57.050 Distance Between Buildings.

A.    Distance Between Main Buildings. A minimum distance of ten (10) feet shall be required between all main residential buildings.

B.    Distance Between Main and Accessory Buildings. With the exception of patio covers, and except where a greater distance is required by this code, a minimum distance of six (6) feet shall be required between any main residential building and an accessory building.

C.    Projections Permitted Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:

1.    Eaves and cantilevered roofs;

2.    Fireplace structures, buttresses and wing walls;

3.    Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses;

4.    Awnings and canopies;

5.    Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

6.    Stairways and balconies above the level of the first floor.

D.    Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)

17.57.060 Setbacks.

All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.57-3 (Residential Setbacks), unless specifically allowed in this section.

Figure 17.57-3

Residential Setbacks

A.    Flag lots shall maintain either a ten (10) foot front, side and rear yard setback, or shall conform to the setbacks of the underlying zone, not including the flag portion of the lot.

B.    Garages shall be set back twenty (20) feet from all public and private rights-of-way, excluding alleys. Garages can be set back five (5) feet away from the property line if no access is taken from that elevation and does not front a street.

C.    Street setbacks shall be measured from the ultimate street right-of-way or from the maximum required street width if said street or proposed street is to be private. In residential zones where the sidewalk is located adjacent to the curb, the building setback shall be measured from six (6) feet from the back of curb, as shown on Figure 17.57-4 (Street Setback Cross Section). This allowance does not permit any encroachment within any portion of such street by the underlying fee owner.

Figure 17.57-4

Street Setback Cross Sections

D.    Patio covers that are permanently unenclosed and are attached to the main dwelling unit may project into the rear yard as long as they are no closer than five (5) feet from the rear property line.

E.    Platforms, landings, decks, pools and access stairs exceeding an average height of one (1) foot which do not extend above the level of the first floor may extend into a required side and rear yard provided:

1.    That such structures shall not be located closer than five (5) feet to any lot line; and

2.    That such structures shall remain unenclosed on at least two (2) sides. This provision, however, shall not preclude the placement of detachable screens.

F.    Other structures shall be permitted in required yards as follows:

1.    Fireplace structures (attached to dwellings), buttresses, wingwalls, eaves, cantilevered roofs, awnings, canopies, water heaters, water softeners and gas or electric meters may be located in required interior side and rear yards; provided, that they are located no closer than two and one-half (2 1/2) feet to any lot line.

2.    Ground-mounted air conditioners, swimming pool pumps, waterfalls (not exceeding six (6) feet in height), heaters, filters and fans may be located in required rear yards; provided, that they are located not closer than two and one-half (2 1/2) feet to any lot line. These items, as well as other similar appurtenances, are not permitted in the side yard.

3.    Unenclosed stairways and balconies above the level of the finished elevation of the first floor attached to the primary structure may project a maximum of five (5) feet into a required rear yard; provided, however, that an open work railing not to exceed three and one-half (3 1/2) feet in height may be installed.

4.    Swimming pools and spas are permitted in required rear yards; provided, that they are located not closer than five (5) feet from any property line. The setback shall be measured from the water line of a sunken pool or spa or from the structure of an above-ground pool or spa.

5.    Structures not exceeding one (1) foot above ground level may be used in any required yard.

6.    Built-in barbecues, fire pits, detached fireplaces and built-in entertainment centers shall be five (5) feet away from property lines and less than ten (10) feet in height, including smoke stacks and chimneys.

7.    Except as described elsewhere in this code, accessory buildings and structures may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)

17.57.070 Walls and Fences.

Setbacks shown are the minimum required. Fence and wall heights, as shown in Figure 17.57-5 (Fence and Wall Heights), are the maximum permitted, unless modified by an adjustment or variance.

Figure 17.57-5

Fence and Wall Heights

A.    Walls in Interior Side and Rear Yards. A garden wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except as herein provided. Fences or garden walls in excess of six (6) feet in height, but not more than fifteen (15) feet in height, may be permitted in a required rear yard subject to the issuance of an adjustment per Section 17.24.100 (Adjustments); provided, that such a fence or garden wall is not located any closer than five (5) feet to an interior side yard or rear yard line.

B.    In any required yard adjacent to a street or a driveway providing vehicular access to an abutting lot, a wall, fence, or view-obscuring vegetation shall not exceed forty-two (42) inches in height, except as herein provided. The height may be increased to forty-eight (48) inches for non-view-obscuring pipe or rail fencing.

C.    All walls and fences outside of any required yard in excess of six (6) feet, but less than fifteen (15) feet in height, shall be subject to the approval of the Director. Walls and fences in excess of fifteen (15) feet located outside of any required yard and not exceeding the maximum height for an accessory use in the underlying zone shall be subject to the issuance of an adjustment per Section 17.24.100 (Adjustments).

D.    Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way.

E.    Prohibited Materials. Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon or other similar temporary material shall not be permitted as a fencing material. Chain link fencing shall not be permitted in a required front yard and shall not be visible from any public right-of-way unless otherwise approved by the Director.

F.    Vacant property and property under construction may be fenced with a maximum six (6) foot high, non-view-obscuring fence for a period not to exceed one (1) year.

G.    Retaining walls proposed on land with an average slope of less than ten percent (10%) shall be subject to the following provisions, as shown in Figure 17.57-6 (Retaining Walls). Retaining walls proposed on land with an average slope of ten percent (10%) or greater shall be subject to Section 17.51.020 (Hillside Development).

1.    Where a retaining wall protects a cut below the natural grade and is located within a required yard, such retaining wall may be topped by a fence or garden wall. The fence or garden wall may be the same height that would otherwise be permitted at that location if no retaining wall existed; provided, that the subject property is on the lower side. In all other locations, the maximum height of the retaining wall and fence or screening wall combined shall not exceed the maximum heights established in this code or at the discretion of the Director.

2.    Where a retaining wall contains a fill above the natural grade and is located within a required fence or wall at that location. A non-view-obscuring fence up to three and one-half (3 1/2) feet in height may be erected at the top of the retaining wall for safety.

3.    Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such garden wall or fence shall be set back from the retaining wall a distance of one (1) foot for each one (1) foot in height of such wall or fence. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained.

4.    Where a retaining wall is constructed to exceed six (6) feet in height measured from a neighboring parcel, an adjustment shall be obtained in accordance with Section 17.24.100 (Adjustments).

Figure 17.57-6

Retaining Walls

H.    Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three (3) feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six (6) inches; provided, however, that in no event shall the average height of such wall or fence exceed the maximum height permitted for that location. (Ord. 13-8 § 4 (Exh. A), 6/11/13)