Irvine Municipal Code Ch. 3-27 Setback Standards

Setback standards apply to all residential and nonresidential developments. In addition to the general requirements, this chapter identifies specific standards as well as the exceptions to the setback standards.

(Code 1976, § V.E-318.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 10-07, § 9 (Exh. D), 7-27-10)

A. Streets. The setback is measured from the curb face corresponding to the ultimate right-of-way. Refer to Chapter 3-37 for specific setback distances for each land use category and arterial roadway designation. Exceptions to setback distances for specific roadways are shown in the setback exceptions matrix (at the end of this section). Please refer to the footnotes found in each Irvine Business Complex (IBC) zoning category regarding exceptions to the measurement of streetside (building) setbacks.

1. When a planning area edge exists between a residential use and a street, the interior setbacks shall apply.

2. When a planning area edge exists between a commercial use and a street, the planning area edge boundary or the streetside setback shall apply, whichever is greater.

3. When a residential lot has two street frontages (e.g., corner lot), the streetside setback or the side yard property line setback requirement shall apply, whichever is more restrictive.

4. When residential buildings are located where the side yard is dedicated by easement in perpetuity to the adjacent property, the walls directly adjacent to the easement are permitted to have eaves as described below:

a. In situations where the easement is less than three feet in width, eaves are prohibited.

b. In situations where the easement is three feet in width, the entire width of the eave, including any rain gutter, shall be no greater than one foot, measured from the face of the exterior wall.

c. In situations where the easement is at least five feet in width, the entire width of the eave, including any rain gutter, shall be no greater than three feet, measured from the face of the exterior wall.

d. In situations where eaves are permitted and the slope of the roofline causes water to drain toward the easement, rain gutters are required to ensure water does not flow onto the easement.

e. In all instances the face of the eave, including any rain gutter, shall be set back a minimum of two feet from any property line, consistent with Section 503.2.1 and table 5-A of the Uniform Building Code.

B. Interior boundaries. The setbacks are measured from the side or rear property line of the site (see definition of "Site").

1. Rear and side setbacks may be zero. See development standards in Chapter 3-37.

C. Planning Area 4. For setbacks along arterials and the planning area edge within Planning Area 4 (Lower Peters Canyon), see Section 9-4-7.C.1.

SETBACK EXCEPTIONS MATRIX

If a project is adjacent to any of the following roadway segments, use the setback distance (in feet) listed under the appropriate land use category below. If the project is not adjacent to any of the following roadway segments, refer to the setback distance requirements found in Sections 3-37-2 through 3-37-38.

Footnotes:

1 In 5.3B, 20 feet.

2 For the property located on the northeast corner of Jamboree and Main Street located in the 5.0 IBC Mixed Use district, the setbacks for residential land uses from Jamboree and Main Street frontage shall be no less than 20 feet as measured from the ultimate right-of-way/property line of this parcel. For the nonresidential portions of this same project site, the setbacks from Main Street shall be no less than 12 feet as measured from the ultimate right-of-way/property line of this parcel.

3 For the property located at the northwest corner of Jamboree Road and Michelson Drive and designated in 5.0A IBC Mixed-Use district, the minimum setback from Michelson Drive, between Teller and Obsidian, shall be no less than 23 feet as measured from the ultimate curb face of Michelson Drive. This reduced setback shall override the applicable requirements for special landscaped street in Section 3-15-9.

(Code 1976, § V.E-318.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97; Ord. No. 97-06, § 3, 5-13-97; Ord. No. 03-15, § 5, 5-13-03; Ord. No. 03-34, § 5, 1-27-04; Ord. No. 04-09, § 6, 9-14-04; Ord. No. 05-16, § 2, 7-12-05; Ord. 05-29, § 3, 1-10-06; Ord. No. 09-02, § 3, 3-24-09; Ord. No. 10-07, § 9 (Exh. D), 7-27-10; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

The following are allowed in any required setback area but shall not obstruct sight distance for access (this shall be determined by performing a sight distance measurement pursuant to Engineering Standard Plan 403):

A. Driveway entrances.

B. Flagpoles (see Chapter 3-9 and Chapter 3-13).

C. Fountains.

D. Landscaping.

E. Lattice/trellis patio cover (see Section 3-27-7).

F. Mechanical equipment (see Section 3-27-8).

G. Patios (uncovered).

H. Detached fireplace/chimney (see Section 3-27-8).

I. Walks.

J. Walls and fences (see Chapter 3-35).

See Chapter 9-36 for exceptions to setback requirements for residential or residential mixed use projects within the Irvine Business Complex.

(Code 1976, § V.E-318.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 03-02, § 4, 1-14-03; Ord. No. 10-07, § 9 (Exh. D), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

The following are allowed to intrude a maximum of three feet into a required setback:

A. Architectural features.

B. Eaves (see Section 3-27-2).

C. Fireplaces.

D. Steps and staircases (open).

E. Balconies on all floors of only mid-rise and high-rise residential developments of four stories and above (applies only to zoning categories 5.0, 5.1 and 5.3 in the IBC).

See Chapter 9-36 for exceptions to setback requirements for residential or residential mixed use projects within the Irvine Business Complex.

(Code 1976, § V.E-318.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 10-07, § 9 (Exh. D), 7-27-10; Ord. No. 26-01, Exh. A, 2-10-26)

Additions to non-residential legal nonconforming structures which are not consistent with the building setback regulations established per this Chapter 3-27 may be allowed at the discretion of the Director of Community Development if the addition does not intrude any further into the required setback area than the existing building footprint.

(Code 1976, § V.E-318.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 24-07, § 3(Exh. A), 5-28-24)

A. The support posts shall be set back a minimum of three feet from any property line. The patio roof or beams may extend one foot past the support posts toward the adjacent property line. Lattice/trellis patio cover or beam construction is allowed to attach a garage or carport to the main building.

B. Cabanas, major accessory structures, and patios/gazebos with solid roofs are not allowed in the required setback area and are subject to the development standards set forth in Chapter 3-37.

(Code 1976, § V.E-318.6; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. Pools and spas do not have a setback requirement. Where a "zero lot line" condition exists, the pool or spa may be built up to the property line. However, in no instance may the pool or spa be located within the "zero lot line" easement area.

B. Mechanical equipment (including BBQ grill) must be a minimum of two feet from the property line.

C. Ground-mounted mechanical equipment, in residential districts, may not exceed four feet in height.

D. Residential detached fireplace/chimney.

a. Residential detached fireplace/chimneys are permitted within the rear yard area and within side yard areas greater than five feet in width.

b. Residential detached fireplace/chimneys shall maintain a minimum setback of three feet from any property line. However, an exception applies to "zero lot line" properties. Where a "zero lot line" condition exists, the residential detached fireplace/chimney may be built up to the property line provided the easement is three feet or greater in width. However, in no instance may the residential detached fireplace/chimney be located within the "zero lot line" easement area.

c. Residential detached fireplace/chimneys shall have a maximum height of 12 feet.

d. Residential detached fireplace/chimneys shall comply with all building codes and this Zoning Code.

(Code 1976, § V.E-318.7; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 03-02, § 4, 1-14-03)

Open parking areas are allowed within the required setback areas as provided below. When a reduction is permitted in the required length of the parking stall, per Section 4-4-1, the setback shall be increased by an equal amount.

A. Front and streetside: Minimum of 10 feet from the property line except that no parking areas are allowed in setbacks on special landscaped streets listed in Section 3-15-9 and in designated planning area edges.

B. Interior side and rear (except in Irvine Spectrum PA 33): Minimum of five feet from the property line.

C. Irvine Spectrum Center (PA 33), side and rear: Minimum of 10 feet from the property line.

(Code 1976, § V.E-318.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97; Ord. No. 99-03, § 3, 2-9-99)

A. Private drives. Garages and carports shall be set back a minimum of three feet from the travelway. This driveway setback area shall be distinguished from the travelway, with the exception of mountable curbs which will be measured from back of curb to prevent cars from blocking garage doors (see Figure 3-27A). This setback may be reduced by 50 percent if roll-up type garage doors are used or if the posts for the carport are at least three feet from the end of the carport. If living areas are provided above a garage, garage setbacks shall apply to the living area.

B. Public or private streets. Garages and carports shall maintain a setback from the face of curb of either, 10 to 13 feet, or a minimum of 24 feet to ensure that cars parking in the driveway do not overhang the sidewalk (see Figure 3-27B). The 24-foot requirement may be reduced by one foot to 23 feet if roll-up type garage doors are provided. If the project developer is providing a garage setback of 23 feet in accordance with the above provision or is providing a minimum of 24 feet to the curb face, is proposing four-bedroom units, and is counting a required on-site residential parking space in the driveway, the driveway space shall be considered an uncovered space, full-sized, and is permitted to be 18 feet in length. If no sidewalk or parkway is provided, the setback may be reduced to the extent that an 18-foot long driveway (measured from the garage door to the property line) can be provided, which may count as a full-sized residential parking space. If living areas are provided above a garage, garage setbacks shall apply.

(Code 1976, § V.E-318.9; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The building setback requirements of the zoning district (see Chapter 3-37) in which the mobile home park is located shall apply. However, only the building setback requirement for side and rear yards shall apply. The side and rear setbacks shall be measured from the property line (exterior) of the mobile home park itself. No interior setback requirements shall apply, except for the City of Irvine Building Code requirements.

(Code 1976, § V.E-318.10; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95)

Residential building additions which are not consistent with building setback regulations established pursuant to this Chapter 3-27 may be permitted to meet the building setback requirements in effect at the time the unit was originally constructed through the residential setback deviation procedure established in Chapter 2-40.

(Code 1976, § V.E-318.11; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-1, § 5, 1-10-95; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 24-19, § 2(Exh. A), 11-26-24)

Figure 3-27A [Figure: Figure 3-27A]

Figure 3-27B [Figure: Figure 3-27B]