Chapter 822.3 — PROPERTY DEVELOPMENT AND USE STANDARDS

• A. The purpose of this Chapter is 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.

• B. The standards of this Chapter apply to all zones. These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and Article 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zone or specific land use shall override these general standards.

• C. All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director, except as identified in Chapter 870.6 (Nonconforming Uses, Structures, and Parcels).

Vehicular and pedestrian access shall be provided according to the regulations pertaining to each zone.

Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring a Site Plan Review, and upon the principle that the development should be required to provide street dedications and improvements near as practicable in proportion to the increased vehicular traffic, but should not be required to provide the street facilities for non-related traffic, the following dedications and improvements may be deemed necessary by the Director and may be required by the Director as a condition to the approval of any Site Plan Review:

A. When the development borders or is traversed by an existing street.

1. Minor streets, local streets, and cul-de-sacs. Dedicate all necessary right(s)-ofway to widen street to its ultimate width as shown on any master or precise plan of streets and highways; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities; and grade and improve from curb to existing pavement.

2. Major and collector streets.

• a. Dedicate all necessary right(s)-of-way to widen the street to its ultimate width as established by any precise plan, Precise Plan of Streets and Highways, or

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where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs, gutters, drainage facilities, sidewalks, street trees, street signs, required utilities; and grade and improve the shoulder and one traffic lane abutting the development.

• b. In no case shall a person be required to dedicate or improve the right-of-way for a length in excess of 30 feet as measured from the ultimate right-of-way line, unless as otherwise provided for in the County Ordinance Code.

3. Major thoroughfares (expressways, freeways, the State highways).

• a. Dedicate all necessary right(s)-of-way to widen the thoroughfare to its ultimate width as established by any precise plan, Specific Plan of Streets and Highways, or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined, except in cases where access does not exist.

• b. Setback all facilities the required distance from the ultimate property line as shown on any master or specific plan; install curbs, gutters, drainage, sidewalks, street trees, street signs, streetlights, and required utilities.

• c. In no case shall the required improvements or right-of-way dedication apply for distances in excess of 30 feet as measured from the ultimate right-of-way line, unless as otherwise provided for in the County Ordinance Code.

4. Street setbacks. Setback all structures and facilities the required distance from the ultimate property line as established for streets shown on any proposed, master, or specific plan, or where the ultimate property lines are otherwise determinable.

B. Frontage and other new roads.

1. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving, provided that where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amount of grading and paving shall not exceed that required for the existing streets under Subsection A., above.

   2. Where a frontage road is provided and improved, the improvements in Subparagraphs A.2. and A.3., above, will not be required.

• C. All improvements to County standards. All improvements required by this Section shall be installed to adopted County standards.

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As applicable, development proposals shall be evaluated for compliance with the California Environmental Quality Act (Public Resources Code Section 21,000 et seq), National Environmental Quality Act (NEPA), the County’s CEQA Guidelines, and General Plan environmental policies, including policies regarding air quality, archaeological resources, geologic hazards, mineral resources, rare, threatened, and/or endangered species, riparian habitat, sensitive biological and botanical resources, and traffic.

• A. Purpose and intent. This Section is intended to provide for the regulation of the height and location of fences, walls, and hedges for the purpose of providing for air, light, and privacy, and safeguarding the public welfare by preventing visual obstructions at street and highway intersections. Nothing in this Section shall be deemed to set aside or reduce the requirements established for security fencing by local, State, or Federal law, or by safety requirements of the Board of Education.

• B. General height limitations. Fences, hedges, and walls may be erected/maintained within required setback areas to the heights specified in Table 3-2, below.

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TABLE 3-2 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS WITHIN SETBACKS

Note:

(1) Fence heights in excess of these standards may be allowed by an approved Conditional Use Permit, Variance, Tract or Parcel Map or when required by the County for reasons of the health and safety of the general public.

(2) Projects adjacent to residential zones shall use the standard of “All other zones.”

(3) R-1-A, R-1-AH, R-1-E, R-1-EH, R-1-B, R-1-C, R-1, R-2, R-2-A, R-3, R-3-A, and R-4 Zone Districts.

• C. Measurement of fence or wall height. Fence height shall be measured as the vertical distance between the highest finished grade of the ground abutting the fence and the top edge of the fence material. Adjacent grades shall not be artificially elevated in order to allow for a fence or wall that is higher than the allowable maximum height. Where there is a difference in the ground level between two abutting parcels, the height of a fence or wall constructed along the property line shall be determined by using the finished grade of the lowest contiguous parcel.

D. Allowed materials.

1. Fence materials may include chain link (except where prohibited), louvered glass, stake, steel mesh, wire mesh, and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure.

2. Wall materials shall include concrete, concrete block, wood, or any other similar materials that are solids and are assembled as to form a solid barrier.

• E. Walls required between different zones. Walls shall be provided and maintained between different zones in the following manner:

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1. Nonresidential or multi-family. Where a nonresidential zone abuts property in any residential zone, a solid masonry wall shall be constructed on the zone boundary line consistent with the height limitations contained in Table 3-2. If a public right-of-way separates a nonresidential zone from any residential zone, this wall requirement may not apply.

2. Industrial. Where an industrial zone abuts property in a nonindustrial zone, a solid masonry wall, a minimum of six feet in height, shall be constructed on the zone boundary line. Additional fencing and buffering standards may increase minimum fencing heights to either seven (7) or ten (10) feet based on Section 822.3.090.B.

3. Design and construction. 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 approval of the Director.

4. Modification of requirements. The Director may waive or modify requirements for walls between different zones where a solid masonry wall already exists on the abutting 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 Section. 

  - 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. 

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

• F. Dangerous areas. A fence or wall shall be constructed along the perimeter of all areas considered by the Director to be dangerous to the public health and safety. The height of the fence or wall shall be determined by the Director in relation to the danger or hazard involved. The fence or wall may be required when a use requires a permit or at the discretion of the Board according to the danger or hazard involved.

• G. Urban Residential Zone Fence Requirements.

  1. Required Fences and Walls. Where lots are one acre or less, a fence or wall not less than five feet nor greater than seven in height shall be constructed at the tops of all slopes when all of the following conditions apply:

     • a. Where the top of the slope is a property line between adjoining lots held under separate ownerships,

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• b. Where the difference in vertical elevation between the top and the toe of the slope is six feet or more, and

• c. Where the grade of the slope between the property line and the toe of said slope is two feet horizontal to one foot vertical (2:1) or greater.

2. Swimming Pools. The requirements in Subsection H below apply.

Permitted Fences, Hedges, and Walls.

• a. Fences, hedges and walls, not greater than seven feet in height, shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

• b. No fence, wall or hedge over three feet in height shall be permitted in any required front yard, or in the required side yard on the street side of a reversed corner lot. Except in the (“R-1-A” and “R-1-AH”), ("R-1-E" & "R-1-EH"), ("R-1-B"), ("R-1C"), ("R-1"), ("R-2" AND "R-2-A"), ("R-3" & "R-3-A"), and ("R-4") Zone Districts, fences not greater than seven feet in height shall be allowed in the required front yard when:

  • (1) Not located in a corner cut-off area, and

  • (2) The fence and gates have not less than 70 percent of the vertical surface open to permit the transmission of light, air, and vision; and is constructed of ether: vertical steel tubing or wrought iron, may incorporate brick or block columns, or gates shall not swing towards the public right-of-way.

  • (3) When a fence restricts the main access to a residence, a minimum four foot wide opening or gate shall be required.

  • (4) Locked gates shall be equipped with a knox-box or similar access system to permit emergency personnel access.

• c. Fences, walls, lighting, or other associated appurtenances over seven (7) feet in height to enclose/illuminate tennis courts or other game areas shall be permitted to the rear of the required front yard subject to a Director Review and Approval (see DRA Chapter 846.5). See setback requirements for areas constructed specifically for tennis courts and game areas in Table No. 2-5 of Article 2, Chapter 810.2.

H. Rural Residential Zone Fence Requirements.

1. Permitted Fences, Hedges, and Walls.

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• a. Fences, hedges and walls, not greater than seven (7) feet in height, shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

• b. No fence, wall or hedge over four (4) feet in height shall be permitted in any required front yard, or in the required side yard on the street side of a reversed corner lot. However, fences not greater than seven (7) feet in height shall be allowed in the above referenced yard areas when not located in a corner cut off area, and when the fence has not less than 70 percent of the vertical surface open to permit the transmission of light, air, and vision. When said fence encloses the main access to the residence, a minimum four foot wide opening or gate is required.

• c. Fences, walls, lighting, or other associated appurtenances over seven (7) feet in height to enclose/illuminate tennis courts or other game areas shall be permitted to the rear of the required front yard subject to a Director Review and Approval (see DRA Chapter 846.5). See setback requirements for areas constructed specifically for tennis courts and game areas in Table No. 2-5 of Article 2, Chapter 810.2.

2. Corner Cut-Off Areas.

• a. There shall be a corner cut off area at all intersecting streets or highways. The cut offline shall be in a horizontal plane, making an angle of forty five (45) degrees with the side, front or rear property line as the case may be. It shall pass through the points located on both the side and front or (rear) property lines at a distance of thirty (30) feet from the intersection of lines at the corner of a street or highway.

  • b. There shall be a corner cut off area on each side of any private driveway intersecting a street. The cut off lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street right of way.

  • c. Where, due to an irregular lot shape, a line at a forty five (45) degree angle does not provide for intersection visibility, said corner cut off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty (30) feet from said intersection of the side and front (or rear) property lines.

3. Swimming Pools. The requirements in Subsection I below apply.

I. Swimming pools.

1. Swimming pools shall be entirely enclosed by fences or walls, in compliance with the specifications and standards of the County Ordinance Code, Title 15 (Buildings and Construction), except as provided in this Subsection.

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2. Swimming pool enclosures shall not be required when either of the following conditions apply:

   • a. There exists a natural barrier restricting physical access to the swimming pool that is essentially equivalent in effect to the required enclosures as determined by the Director; or

   • b. The parcel is under one ownership of at least 20 acres and the swimming pool is located a minimum of 300 feet from any property line.

3. The required enclosure shall be in place and approved by the Building Official before water is run into the pool.822.3.060 - Height Measurement and Height Limit Exceptions

All structures shall meet the standards in this Section relating to height, except for fences and walls, which shall comply with Section 822.3.040 (Fences, Walls, and Hedges).

• A. Maximum height allowed. The height of structures shall not exceed the standards established by the applicable zone in Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards), except as otherwise provided in this Section.

• B. Height measurement. Height shall be measured as the vertical distance from the finished grade on any side to the highest point of the roof.

• C. Allowed structure height increases. The maximum structure height development standards established by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) may be increased as specified by this Section, provided the increase shall not conflict with airport safety regulations or conditions of an approved land use permit.

  1. Assembly and meeting facilities. Assembly and meeting facilities in zones that impose a height limitation of 35 feet or less may exceed the 35-foot height limit by up to 25 feet when the required front, side, and rear setbacks are increased an additional one foot in excess of minimum requirements for each four feet in height above 35 feet.

  2. Miscellaneous structures. The maximum structure height specified in a zone may be exceeded by no more than 50 percent for the following structures, except that a greater maximum height may be specified in the conditions of an approved land use permit:

  - a. Barns, silos, grain elevators, and other farm structures. 
  
  - b. Birdhouses. 
  
  - c. Cooling towers, smokestacks, or other structures that are required by allowed industrial processes in industrial zones. 
  
  - d. Cupolas, domes, skylights, and gables.
  

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• e. Distribution and transmission cables and towers.

• f. Elevator housings.

• g. Fire and hose towers.

• h. Fire or parapet walls.

• i. Flag poles.

• j. Mechanical equipment and its screening to include roof-mounted wireless telecommunications support facilities.

• k. Monuments.

• l. Noncommercial antennae up to 65 feet in residential zones (see Section 846.5.020, Unclassified Conditional Use Permit).

• m. Observation towers.

• n. Ornamental towers and spheres.

• o. Radio and television station towers.

• p. Residential chimneys, flues, smokestacks, and enclosures.

• q. Solar energy collectors. These structures shall be set back from all property lines and habitable structures at least 100 percent of the height of the structure.

• r. Stairway housing.

• s. Water tanks and water towers.

• t. Other roof structures and mechanical equipment similar to those listed above.

Note: The above-listed uses are in addition to those uses specified Section 834.4.420 (Wireless Telecommunication Facility Standards)

All structures hereafter designed or erected and existing structures which may be altered, maintained, moved, reconstructed, or enlarged, shall not exceed the maximum parcel coverage regulations specified in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

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• A. Parcels. Except as stated in this Section, no structures shall be erected or located on a parcel unless the parcel conforms with the area regulations of the zone in which it is located.

  1. After the effective date of any ordinance by which any area is first zoned for any zone, no land in the zone may be divided by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership which consists of less than the minimum parcel area required for the zone of which the parcel is a part.

  2. If part of an existing parcel of land is acquired for public utility use, the property development standards of the zone in which the parcels are located shall apply, except that parcel area standards shall not apply for the public utility parcel. Public utility parcels shall not attain a nonconforming status.

  3. If part of an existing parcel of land is acquired for public use, the remainder of the parcel shall be considered a nonconforming parcel. A parcel having an established nonconforming parcel area status before the acquisition shall retain that status after the acquisition. The property development standards, except for parcel area, of the zone in which the above parcel(s) are located shall be met.

  4. When an unimproved parcel of land that is nonconforming as to parcel area is or was owned by a person who is or was also the owner of an adjoining parcel of land located in the same zone on or after March 1, 1991, the parcel for the purposes of this Section shall not be considered a developable parcel for which a Building Permit may be issued, unless one of the following actions occurs:

     • a. The owner of the nonconforming parcel merges already acquired parcel(s) in compliance with County Ordinance Code Section 17.72.055 to create a new parcel of land which consists of the minimum parcel area required by the zone of which the parcel(s) are a part, except where the merged parcel(s) constitute the entire contiguous ownership of the applicant for the Building Permit and the new parcel remains substandard as to parcel area, then the newly created parcel shall be considered a developable parcel for which a Building Permit may be issued; or

     • b. A determination of non-merger is made in compliance with the provisions of County Ordinance Code Chapter 17.74.

  5. Despite the preceding requirements, the following shall apply to the Sierra-North Regional Plan area:

     • a. All existing legally created contiguous parcels of record under the same ownership which were created after June 8, 1960, which are less than the minimum parcel size of the zone adopted on May 4, 1982, shall be considered developable parcels for which Building Permits may be issued.

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• b. Parcels smaller than required by the zones adopted or initiated on May 4, 1982, which were shown on a tentative parcel or tract map accepted for processing by March 30, 1982, shall, upon subsequent recordation of the map, be deemed legal parcels consistent with the Sierra-North Regional Plan.

  • c. Within the Eastside Rangeland, Specific Plan Reserve, and Public Lands and Open Space land use designations, all legally created parcels under a single ownership of 40 acres or (quarter/quarter section) or smaller and zoned A-1, A-2, AE-5, or R-E at the time of Plan adoption, may be divided one time to create up to four parcels, with a minimum parcel size of five acres or half of a quarter of a quarter/quarter section.

  • d. Parcels created in compliance with Subparagraph b and c above cannot be further divided.

6. Despite the preceding requirements, the following shall apply to the Sierra-South Regional Plan area: all existing legally created contiguous parcels of record under the same ownership which were created after June 8, 1960, which are less than the minimum parcel size of the zone adopted on September 25, 1984, shall be considered developable parcels for which Building Permits may be issued.

B. Parcel Dimensions

1. Every parcel shall have a minimum frontage width not less than the required minimum parcel width in the zone under consideration. Curve parcels and cul-de-sac parcels shall conform to the particular zone wherein provisions are specified for the parcels. Every parcel shall also have a minimum width and depth not less than that prescribed in the zone under consideration.

2. Each dimension is minimum only. One or both shall be increased to attain the minimum parcel area required.

3. Where a parcel has a minimum width or depth less than that prescribed by this Zoning Ordinance, and the parcel was of record under one ownership at the time that the area was first zoned whereby the parcel became nonconforming, the parcel may be used subject to all other property development standards of the zone in which the parcel is located.

4. If part of an existing parcel of land is acquired for public utility use, the property development standards of the zone in which the parcels are located shall apply, except that parcel dimension standards shall not apply for the public utility parcel. Public utility parcels shall not attain a nonconforming status.

5. If part of an existing parcel of land is acquired for public use, the remainder of the parcel shall be considered a nonconforming parcel. A parcel having an established nonconforming parcel dimension status before the acquisition shall retain that status

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after the acquisition. The property development standards, except for parcel dimensions, of the zone in which the above parcels or parcels are located shall be met.

6. When an unimproved parcel of land that is nonconforming as to parcel width, width to depth ratio, public road frontage requirements, or parcel depth is or was owned by a person who is or was also the owner of an adjoining parcel of land located in the same zone on or after March 1, 1991, the parcel for purposes of this Zoning Ordinance shall not be considered a developable parcel for which a Building Permit may be issued, unless one of the following actions occurs:

   • a. The owner of the nonconforming parcel merges already acquired parcels in compliance with County Ordinance Code Section 17.72.055 to create a new parcel of land which consists of the minimum parcel dimensions required by the zone of which the parcel(s) are a part, except where the merged parcel(s) constitute the entire contiguous ownership of the applicant for the Building Permit and the new parcel remains substandard as to parcel width, width to depth ratio public road frontage, or parcel depth, then the newly created parcel shall be considered a developable parcel for which a Building Permit may be issued; or

   • b. A determination of non-merger is made in compliance with County Ordinance Code Chapter 17.74.

C. Parcel Line, Front

1. On an interior parcel, the front parcel line is the property line abutting the street.

2. On a corner or reversed corner parcel, the front parcel line is the shorter property line abutting a street.

3. On a through parcel, or a parcel with three or more sides abutting a street, or a corner or reversed corner parcel with parcel lines of equal length, the Director shall determine which property line(s) shall be the front parcel line for purposes of compliance with yard and setback provisions of this Zoning Ordinance.

D. Parcel Line, Rear

1. In the case of an irregular, triangular, or gore-shaped parcel, the rear parcel line shall be a line within the parcel, parallel to and at a maximum distance from the front parcel line, having a length of not less than 10 feet.

2. A parcel which is bounded on all sides by streets may have no rear parcel line.

• E. Parcel Line, Side. On a parcel with three or more sides abutting a street, all parcel lines abutting the street(s), other than the front parcel line(s), may be side parcel lines.

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• F. Homesite Provisions for AE and AL Districts. The creation of homesites less than the minimum acreage indicated by the District acreage designation, but not greater than 2.5 gross acres (5 gross acres in the Sierra-North and Sierra-South Regional Plan areas designated Eastside Rangeland) may be permitted in the Exclusive Agricultural and Limited Agricultural Zone Districts, excluding the AE-5 Zone District, subject to the following criteria.

  1. The minimum lot size shall be 87,120 square feet of gross area as measured from the center of any abutting roadway, stream, railroad, or other public right-of-way forming a boundary line: and

     • a. One of the following conditions exist:

• (1) The lot is to be created by the conveyance of a security instrument to finance a single family residence to be occupied by the owner thereof where the existing lot before division is not less than 20 gross acres; that said lot, together with the remaining acreage, shall not be separately conveyed or devised without meeting the district acreage designation, except for the purpose aforesaid, unless such division occurs by judicial foreclosure, trustee's sale or other legal proceedings which discharge the lien of the security instrument.

     - (2) The lot or lots to be created are intended as a conveyance or devise exclusively for use by a person related to the owner by adoption, blood, or marriage within the second degree of consanguinity and only for persons involved in the farming operation; the existing lot before division contains a minimum of 20 gross acres; there is only one lot per related person, or per related married couple, and there is no more than one lot per each 20 gross acres, or 
  
     - (3) Outside of the Sierra-North and Sierra-South Regional Plan areas, the present owner owned the property prior to adoption of the Exclusive Agricultural Zone District or Limited Agricultural Zone District and wishes to retain his homesite and sell the remaining acreage for agricultural purposes where the remaining acreage is not less than 15 acres, or 
  
     - (4) The lot to be created is intended as a life estate.
  

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  - (5) In the Sierra-North and Sierra-South Regional Plan areas the present owner owned the property at the time of Plan adoption (May 4, 1982, for Sierra-North, September 25, 1984 for Sierra-South), and wishes to retain his homesite and sell the remaining acreage for agricultural purposes where the acreage exceeded 15 acres. 

• b. Each homesite created pursuant to this Subsection F. shall be subject to execution of a Declaration of Intent and Acknowledgement of Penalty for Unlawful Conveyance.

• c. Creation of homesites listed above excepting those for financing purposes or life estates shall not be permitted in addition to the divisions permitted pursuant to Subsections 822.3.080-A.5.c and 822.3.080-A.6.

• d. Parcels under Williamson Act Contract are subject to minimum parcel sizes as required by the Act – homesite exception parcels currently 10 acres minimum.

2. The creation of lots less than the minimum parcel size of the zone district, but not less than five acres, may be considered as a part of the Conditional Use Permit for off-site rock, sand, and gravel trucking operations.

3. All parcels approved for creation through the former Agricultural Assessment process shall be deemed conforming and all legally created parcels shall not merge.

4. Despite any other provision of this Division, all parcels not in compliance with the above F.1.b.(1) through (5) of this Subsection shown on map applications accepted for processing prior to the effective date of August 1, 2001 shall upon subsequent recordation of the map and/or certificate be deemed conforming.

This Section provides standards for multi-family and non-residential land uses for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas.

A. Screening between different land uses.

1. An opaque screen consisting of plant material, and a solid masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial, industrial, or institutional development adjoins a residential zone.

2. The maximum height of walls shall comply with the provisions of Section 822.3.040 (Fences, Walls, and Hedges).

3. The walls shall be architecturally treated or landscaped on both sides to avoid the appearance of unfinished precision block, subject to the approval of the Director.

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4. Where the district boundary is a street, any wall constructed along said street in either a front yard or side yard shall be set back from the property line a distance of ten (10) feet, the space between the wall and the property line to be landscaped and maintained.

Figure 3-1 Screening and Buffering

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

1. Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, etc.), loading docks, refuse storage areas, and utility services shall be screened from public view from adjoining public streets and rights-ofway and surrounding area(s) zoned for residential, commercial, institutional, or open space uses.

2. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style, subject to the approval of the Director.

C. Outdoor storage areas.

1. The use of outdoor areas for storage purposes shall be subject to the following standards:

   • a. Outside storage areas shall be screened with a solid sight-obscuring fence or wall not less than six feet or more than eight feet in height, of a type and design approved by the Director. The fence or wall shall include sight-obscuring gates. The fence or wall and gate(s) shall be continuously maintained in good repair.

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  - b. Stored materials shall be kept below the level of the fence or wall or other screening mechanism. 

  - c. Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a fenced or walled area. 

2. Incidental outdoor storage shall be allowed, subject to the above standards. Outdoor storage categorized as a primary land use shall be subject to the applicable permitting requirements identified in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and the above standards.

• D. 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.

• E. Screening for Designated Commercial Development (per Table 2-6)

  1. Shall be subject to the following standards:

     • a. More than 25,000 square feet shall incorporate a five-foot-wide landscape buffer measured from the property line and a six (6)-foot-high solid wall to address sounds adjacent to sensitive receptors from truck idling areas (docks, etc.).

     • b. 50,000 square feet or greater shall incorporate a 10-foot-wide landscape buffer adjacent to sensitive receptors measured from the property line in conjunction with a six (6)-foot-high block wall.

     • c. 100,000 square feet or greater shall incorporate a 20-foot-wide landscape buffer adjacent to sensitive receptors measured from the property line in conjunction with a seven 7-foot-high block wall.

  2. All landscaping shall comply with Section 826.3.020 Commercial/Warehousing/Industrial Development Landscaping Standards.

F. Screening for Designated Industrial/Warehousing Development (per Table 2-8)

1. Shall be subject to the following standards:

   • a. Less than 50,000 square feet shall incorporate a five-foot-wide landscape buffer measured from the property line and a seven (7)-foot-high solid wall to address sounds adjacent to sensitive receptors from truck idling areas (docks, etc.).

   • b. 50,000 square feet or greater shall incorporate a 10-foot-wide landscape buffer adjacent to sensitive receptors measured from the property line in conjunction with a seven (7)-foot-high block wall.

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• c. 400,000 square feet or greater shall incorporate a 20-foot-wide landscape buffer adjacent to sensitive receptors measured from the property line in conjunction with a 10-foot-high block wall.

2. All landscaping shall comply with Section 826.3.020 Commercial/Warehousing/Industrial Development Landscaping Standards.

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 and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

• A. Setback regulations. Except as provided in Subsection D., below, no required setback or other open space around an existing structure, or which is hereafter provided around any structure for the purpose of complying with the provisions of this Section may be considered as providing a setback or open space for any other structure; nor may any setback or other required open space on an adjoining parcel be considered as providing a setback or open space on a parcel where a structure is to be erected.

B. Exemptions from setback requirements.

1. The minimum setback requirements of this Zoning Ordinance shall apply to all uses except for the following:

   • a. Fences or walls constructed within the height limitations of Section 822.3.040 (Fences, Walls, and Hedges).

   • b. Retaining walls less than three feet in height above finished grade.

2. Street setback lines, as delineated on all recorded final maps, parcel maps, and records of survey maps shall be the street and yard setback distances required on the property within the final maps, parcel maps, records of survey maps, unless additional road dedication is required as a condition of development. When additional road dedication is required, or in the case of recorded final maps, parcel maps, and records of survey maps, the greater setback distance of either the property development standards in the applicable zone based on the ultimate right-of-way width or the setback distance as shown on the approved map shall prevail.

• 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 point on the front property line of the parcel to the nearest point of the structure envelope, except for corner parcels.

  2. Side setbacks.

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• a. 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 envelope, establishing a setback line parallel with the side property line that extends between the front and rear yards.

• b. For the purposes of calculating side setbacks, the following dwellings with common party walls shall be considered as one structure occupying one parcel:

  • (1) Court apartments.

  • (2) Group dwellings.

  • (3) Row dwellings.

  • (4) Semidetached two and four family dwellings.

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

4. Rear setbacks.

• a. The rear setback 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 envelope, establishing a setback line parallel with the rear property line that extends between the side yards, except:

  • (1) If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and

  • (2) When the side property lines converge to a point at the rear of the parcel, or to a rear property line narrower than 10 feet, for setback purposes the rear property line shall be considered to be a line parallel to the front property line measuring 10 feet between the two side property lines. The rear yard depth shall be measured from the 10-foot line to the nearest part of the primary structure on the parcel.

• b. In computing the depth of a rear setback where the yard opens into an alley, one half the width of the alley may be presumed to be a portion of the required rear setback.

• c. Rear setbacks may be less than the required setback, provided that a Site Plan Review is submitted and approved in compliance with Chapter 854.5; however, in no case shall the rear setback be less than the required side setback specified for the subject zone. The amount of space so occupied shall be provided elsewhere on the

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parcel, exclusive of required setback areas. The replacement space shall have minimum dimensions of eight feet by eight feet and shall be so located that it is suitable for general use by the occupant of the premises.

• D. Exceptions. The setback requirements as specified for the zone shall apply with the addition of the following:

1. Schools, places of assembly, and institutions at property boundaries.

• a. No structure shall be erected, structurally altered, or used for a school, place of assembly, hospital, public structure, or other similar use, allowed either as a matter of right or under the Director’s Review and Approval or Conditional Use Permit regulations of this Zoning Ordinance, unless the structure(s), when fronting on a street, have a front setback not less than that prescribed by the zone in which the structure is located.

• b. Side and rear setbacks may be used for required off-street parking, as determined appropriate b the Director. If the parking area abuts property classified as a residential zone, then a solid masonry wall not less than five feet or more than six feet in height shall be erected on the property line abutting the area used for off-street parking. For regulations, the provisions of Section 822.3.050 (Fences, Walls, and Hedges) shall apply.

equired off-street parking, as determined appropriate b the Director. If the parking area abuts property classified as a residential zone, then a solid masonry wall not less than five feet or more than six feet in height shall be erected on the property line abutting the area used for off-street parking. For regulations, the provisions of Section 822.3.050 (Fences, Walls, and Hedges) shall apply.

2. State Responsibility Areas (SRA). All structures and accessory structures located within SRA as defined by the California Department of Forestry (CDF) shall set back from all property lines, structures, and the center of the road in compliance with the County Fire Safe Regulations (County Ordinance Code Section 15.60) for purposes of providing an adequate structure defensible space.

Figure 3-2

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Location and Measurement of Setbacks

• E. Corner cut-off area. 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 obstruction within the cut off areas established herein.

  1. There shall be a corner cut off area at all intersecting and intercepting streets or highways. The cut offline shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 30 feet from the intersection of the lines at the corner of a street or highway.

  2. There shall be a corner cut off area on each side of any private driveway intersecting a street or alley. The cut off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right of way.

  3. There shall be a corner cut off area on each side of any alley intersecting a street or alley. The cut off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than 10 feet from the edges of the alley where it intersects the street or alley right of way.

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4. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, the corner cut off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines.

angle does not provide for intersection visibility, the corner cut off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines.

5. The corner cut-off provisions shall be applicable to all districts including the Rural Residential and all agricultural districts.

Figure 3-3 Corner Cut Off

F. Construction across property lines prohibited.

1. A structure shall not be constructed across the property line(s) of two or more contiguous parcels.

2. If the placement of a proposed structure would otherwise cross the property line of two or more contiguous parcels held by the same owner, before the issuance of a Building Permit, the property owner shall apply for and receive an approved voluntary parcel

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merger, lot line adjustment, or parcel map to move or eliminate the property line in question.

3. The lot line adjustment process may be used if the parcels will still meet the development standards of the zone in which the parcels are located.

• G. Nonconforming parcels. Legally created, nonconforming lots having either a substandard width or depth, may utilize the side or front setback requirement of another most restrictive zone district where the substandard width or depth is allowed (use the closest compatible district with dimensions at or above the subject parcel dimensions). Where both width and depth are substandard, this provision shall apply to both the front and side setbacks. This provision shall apply to all districts that allow residential uses except for the R-1-E and R- 1-EH Districts.

H. Accessory structures.

Residential Districts

1. Accessory buildings in side yards for applicable Residential Zone Districts (R-1, R-1-A, R- 1-AH, R-1-B, R-1-C, R-1-E, R-1-EH) shall meet the following standards:

   • a. Any accessory building located less than sixty (60) feet from the front property line shall have the same minimum side yard as that required for the main building, regardless of whether or not said accessory building is attached to the main building.

   • b. An accessory building may be located on a side property line when said building is located sixty (60) feet or more from the front property line, except that no structure shall be permitted in a required yard which abuts a street.

   • c. An accessory building having an opening on an alley shall be located not less than twenty-five (25) feet from the opposite side of the alley; provided, however, that no such accessory building shall be located less than five (5) feet from the property line.

   • d. Any accessory building permitted on a side property line shall have provisions for all roof drainage to be taken care of on the subject lot.

2. For residential zone districts, aggregate area of accessory buildings permitted in required yards on any one parcel shall not exceed six hundred and fifty (650) square feet except that additional area may be approved subject to Director Review and Approval Procedures of Chapter 846.5. This provision shall be made applicable to the following districts: R-1; R- 1-A; R-1-AH; R-1-B; R-1-C; R-1-E; R-1-EH; R-2; R-2-A; R-3; R-3-A; and R-4.

3. The RR (Rural Residential) Zone District shall meet the provisions for accessory buildings in the AE and AL Zone Districts as defined in Section 822.3.100.H.4 below. The RR

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District shall also include an additional provision that the aggregate area of accessory buildings permitted in required yards on any one parcel shall not exceed five hundred (500) square feet except that additional area may be approved subject to Director Review and Approval Procedures of Chapter 846.5.

Agricultural Districts

4. Accessory buildings in side yards for the AE (Exclusive Agricultural) and AL (Limited Agricultural) Zone Districts shall meet the following standards:

   • a. Any accessory building located less than one hundred (100) feet from the front property line shall have the same minimum side yard as that required for the main building, regardless of whether or not said accessory building is attached to the main building.

   • b. An accessory building may be located on a side property line when said building is located one hundred (100) feet or more from the front property line.

   • c. An accessory building located in the side yard or its projection to the rear property line when abutting a street shall be at least twenty (20) feet from the property line on the side street.

   • d. Any accessory building permitted on a side property line shall have provisions for all roof drainage to be taken care of on the subject parcel.

5. For the R-A (Single Family Residential Agricultural) Zone District, setbacks for accessory buildings shall meet the Residential Standards of Sections 822.3.100.H.1 and 822.3.100.H.2 above.

6. For the A-2 (General Agricultural) Zone District, setbacks for accessory buildings shall meet the Residential Standards of Sections 822.3.100.H.1 and 822.3.100.H.2 above.

7. For the A-1 (Agricultural) Zone District, setbacks for accessory buildings shall meet the Residential Standards of Sections 822.3.100.H.1 and 822.3.100.H.2 above.

I. Exceptions - Permitted Projections into Required Yards.

Residential Districts

1. The following projections shall be permitted in required yards for applicable Residential and Recreational Zone Districts (R-1, R-1-A, R-1-AH, R-1-B, R-1-C, R-1-E, R-1-EH, R-2, R-2-A, R-3, R-3-A, R-P, and R-E):

   • a. Cornices, eaves, belt courses, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five (5) inches for one (1) foot of the width of such required side

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yard and may extend or project into a required front or rear yard not more than thirty (30) inches.

• b. Uncovered, unenclosed porches, platforms or landing places (does not include slabs or flatwork) which do not extend above the level of the first floor of the building (see Article 7, Definitions) may extend into any front yard a distance of not more than six (6) feet, and such features may not extend into a court more than twenty (20) percent of the width of said court and in no case more than six (6) feet, and may extend into any side or rear yard not more than three (3) feet. An open work railing may be installed or constructed on any such porch, platform or landing place provided it does not exceed thirty-six (36) inches in height. NOTE: this provision does not apply to uncovered concrete slabs, similar flatwork, etc.

• c. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty (30) inches.

Rural Residential

2. The following projections shall be permitted in required yards for the Rural Residential District:

   • a. Cornices, eaves, belt courses, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five (5) inches for one (1) foot of the width of such required side yard and may extend or project into a required front or rear yard not more than forty-eight (48) inches.

   • b. Uncovered, unenclosed porches, platforms or landing places (does not include slabs or flatwork) which do not extend above the level of the first floor of the building (see Article 7, Definitions) may extend into any front yard a distance of not more than six (6) feet, and such features may not extend into a court more than twenty (20) percent of the width of said court and in no case more than six (6) feet, and may extend into any side or rear yard not more than three (3) feet. An open work railing may be installed or constructed on any such porch, platform or landing place provided it does not exceed thirty-six (36) inches in height. NOTE: this provision does not apply to uncovered concrete slabs, similar flatwork, etc.

   • c. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty (30) inches.

C-P Administrative and Professional Office District

3. The following permitted projections into required yards for nonresidential uses

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abutting residential or agricultural districts.

• a. Cornices, eaves, belt courses, fireplace chimneys, sills and other similar architectural features may extend or project into a required yard not more than thirty (30) inches.

• b. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty (30) inches.

• c. Uncovered, unenclosed porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than six (6) feet, and may extend into any required side or rear yard not more than three (3) feet; provided, however, that an openwork railing, not more than thirty six (36) inches in height, may be installed or constructed on any such porch, platform or landing place. Open work fences, hedges, landscape architectural features, or guard railings for safety protection around depressed ramps, not more than three and one half (3 2) feet in height, may be located in any required front, side or rear yard.

The size of new zones shall be as specified in the zone regulations.

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).

• A. All structures and uses. All structures and uses within the multi-family (with five dwelling units or more), commercial, industrial, institutional zones shall provide refuse and recyclable material enclosures subject to the review and approval of the 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 Subparagraph C. (4) (Be screened), below. Storage area(s) shall not be located in a required front or street side setback, parking space, landscaped or open space areas, or any open area(s) required by the County Ordinance Code.

  2. Unobstructed access. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance, as

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required by the collection methods and vehicles utilized. 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, as determined to be appropriate by the Director.

4. Minimum distance from adjacent structures. Enclosures shall not be located closer than 20 feet 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 standard specifications subject to the review and approval of the Director, 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 concrete 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.** (See Figure 3-4, below.) 
  
        - _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 Director, 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 Director._
  

Figure 3-4

Decorative masonry and metal mixed with wood elements create a pleasant trash enclosure .

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All structures hereafter designed or erected and existing structures which may be altered, moved, reconstructed, or enlarged, shall comply with the space between structure requirements specified in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

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Affordable Housing Incentives – Density Bonus