§ 22.20

The provisions of this Chapter are intended to ensure that the construction of new development and the establishment of new and modified uses contribute to the maintenance of a stable and healthy environment, that new development is harmonious in character with existing and future development and that the use and enjoyment of neighboring properties are protected, as established in the Countywide Plan.

(Ord. No. 3577, 2012)

A.

The standards of this Chapter shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zone Development and Resource Management Standards), and any standards established by Chapter 22.30 (Standards for Specific Communities). Where a conflict is perceived, the standards specific to the zoning district or specific community shall override these general standards (e.g., Section 22.30.050 (Sleepy Hollow Community Standards) shall control).

B.

All proposed development and new land uses shall conform with all of the standards of this Chapter and any applicable Community and Specific Plan prior to construction, unless specifically exempted by the Director. All uses requiring a discretionary land use permit or entitlement shall comply with any applicable Community and Specific Plan as determined by the review authority.

C.

Development that does not meet the requirements of this Chapter is generally subject to the requirements of Chapter 22.54 (Variances). The Director may modify or waive any one or more of the standards of this Chapter as they may apply to a development, based upon findings consistent with the provisions of this Chapter.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal (mutual) access agreement, as

determined by the Director. Driveways shall be developed in compliance with the standards contained in Chapter 24.04 (Improvements) of the County Code and applicable fire protection district regulations.

(Ord. No. 3577, 2012)

Outdoor construction activities that require Building Permits shall meet the standards enumerated below in addition to any other requirements imposed by Federal, State, or local agencies.

A.

Construction Signs. Post a publicly visible sign with the construction supervisor's name, telephone number, and address to contact regarding dust control, noise control, and other complaints about the construction activities. Unless otherwise specified by the conditions of approval for a development project, construction signage shall consist of a single yard sign with a maximum area of six feet and a maximum height of six feet and the sign shall remain on site until the outdoor construction activities are completed.

B.

Landscape Irrigation Efficiency. During the Building Permit review process for a project that includes landscape irrigation, an applicant shall provide written verification from the local water district to the Community Development Agency that all landscape irrigation complies with the water district's irrigation efficiency requirements or is exempt from those requirements. This requirement applies only at the request of the water district.

C.

Dust and Emission Control. The following dust and emission control measures shall apply to projects involving ground disturbance that are subject to environmental review:

1.

All unpaved exposed surfaces (e.g., parking areas, staging areas, soil piles, and graded areas, and unpaved access roads) shall be watered two times a day.

2.

All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3.

All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4.

All vehicle speeds on unpaved roads shall be limited to a maximum of 15 miles per hour.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California of Regulations). Clear signage shall be provided for construction workers at all access points.

7.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified emissions evaluator.

D.

Building verifications. The following verifications shall be required during construction, under the conditions specified below, unless the Director waives or modifies the requirement due to unusual circumstances or conformance with the conditions of approval for a development project:

1.

Setback verification is required for setback distances when structural development is located up to or within one foot of the minimum required setback on conventionally zoned properties and when structural development is located within five feet of a property line, right-of-way, or access easement on planned district zoned properties. In these cases, the applicant shall have a licensed land surveyor or civil engineer with proper surveying certification verify that the project complies with the approved setback distances as shown on the approved building permit plans and submit a written (stamped) Building Setback Certification to the Planning Division.

2.

Building height verification is required if the building height is within two feet of the maximum height allowed for projects located on conventionally zoned properties. In these cases, the applicant shall have a licensed land surveyor or civil engineer with proper surveying certification submit a written (stamped) building Roof Elevation Certification confirming that the building conforms to the roof ridge elevations that are shown on the approved Building Permit plans, based on a benchmark that is noted on the plans.

3.

Floor area ratio verification is required if the floor area ratio resulting from a project would be within two percent of the maximum floor area ratio allowed for projects located on conventionally zoned properties. In these cases, the applicant shall submit a written (stamped) building Floor Area Certification from the project surveyor or engineer confirming that the floor area of the building conforms to the floor area that is shown on the approved Building Permit plans.

E.

Archaeological, Historical, and Paleontological Resources. In the event that archaeological, historic, or paleontological resources are discovered during any construction, construction activities shall cease, and the Agency shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may occur in compliance with State and Federal law. The disturbance of an Indian midden may require the issuance of an Excavation Permit by the Department of Public Works, in compliance with Chapter 5.32 (Excavating Indian Middens) of the County Code.

F.

Roosting Bat Protection Measures. For the purposes of protecting roosting bats, outdoor construction activity that involves tree removal in an area where a biological assessment has identified a high probability of roosting bats on site are subject to the requirements enumerated below before and during site preparation and construction activities, unless separate project mitigation measures have been adopted that override these requirements. These standards apply only to tree removal that takes place during the nesting seasons of March 1 and April 15 or between September 1 and October 15.

1.

Trees identified as containing suitable roost habitat shall be removed using a two-step process if they are removed during the nesting season. Trees removed during the nesting season shall be felled the first day and left overnight before the felled trees are removed the following day or later.

2.

A qualified biologist shall be responsible for overseeing the removal of trees that provide suitable bat habitat and will submit written confirmation to the County verifying that these measures have been undertaken.

G.

Nesting Bird Protection Measures (excluding Northern Spotted Owl). For the purposes of protecting nesting birds, outdoor construction activity that involves tree removal, grading, or other site disturbances in an area where a biological assessment has identified a high probability of the presence of nesting birds are subject to the requirements enumerated below before and during site preparation and construction activities, unless separate project mitigation measures have been adopted that override these requirements.

1.

Construction activities that may disturb birds shall be conducted outside the nesting season, which generally occurs between February 1 and August 15.

2.

If commencing construction activities between August 16 and January 31 is infeasible and ground disturbance or tree removal needs to occur within the nesting season, a pre-construction nesting bird survey of the property shall be conducted by a qualified biologist. If no nesting birds are observed by the biologist, no further action is required, and construction activities shall occur within one week of the survey.

If active bird nests are observed during the pre-construction survey, a disturbance-free buffer zone shall be established around the nest tree(s) until the young have fledged, as determined by a qualified biologist.

4.

To delineate the buffer zone around a nesting tree, orange construction fencing shall be placed at the specified radius from the base of the tree within which no machinery or workers shall intrude. After the fencing is in place, there will be no restrictions on grading or construction activities outside the prescribed buffer zones, but County staff during routine site inspections may verify that fencing remains in place.

5.

Pre-construction surveys will be documented and provided to the County by the qualified biologist. If construction fencing is required, photographs of the fencing, directly after installation, will be submitted to the County.

H.

Northern Spotted Owl. For the purposes of protecting Northern Spotted Owls (Strix occidentalis caurina), outdoor construction activity that involves tree removal, grading, or other site disturbances in an area where a biological assessment has identified a spotted owl nest within 500 yards of a project are subject to the requirements enumerated below before and during site preparation and construction activities, unless separate project mitigation measures have been adopted that override these requirements.

1.

Construction activities that may disturb Northern Spotted Owls shall be conducted outside the nesting season, which occurs between February 1 and July 9.

2.

If conducting construction activities between July 10 and January 31 is infeasible and construction or tree removal needs to occur within the nesting season, a pre-construction survey shall first be conducted by a qualified biologist. If no Northern Spotted Owls are observed by the biologist, no further action is required, and construction activities shall occur within one week of the survey.

3.

If active bird nests are observed during the pre-construction survey, a disturbance-free buffer zone of 500 yards shall be established around the nest tree(s) until the young have fledged, as determined by a qualified biologist.

4.

To delineate the buffer zone around a nesting tree, orange construction fencing shall be placed at the specified radius from the base of the tree within which no machinery or workers shall intrude.

5.

Pre-construction surveys will be documented and provided to the County by the qualified biologist. If construction fencing is required, photographs of the fencing, directly after installation, will be submitted to the County.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3797, § II(exh. A), 2023)

22.20.045 - Energy Efficiency.

The following standards shall be applied to development projects requiring discretionary permits for the purpose of incorporating efficient and sustainable energy use in the design and/or location of new buildings and structures:

A.

Project design. The project design includes cost-effective features that foster energy and natural resource conservation while maintaining compatibility with the prevailing architectural character of the area.

B.

Solar access. Solar access shall be considered through appropriate studies or other information verifying that proposed structures are located and/or designed for solar gain.

The type and extent of energy efficient features shall be consistent with the size and scale of the proposed development and the physical characteristics of the development site.

(Ord. No. 3577, 2012)

22.20.050 - Fencing and Screening Standards.

The following standards shall apply to the installation of all fences and screening walls.

A.

Height limitations. Fences, walls, and trellises are subject to the following height limitations:

1.

General height limit. The general height limit for fences and screening walls is the same for other detached accessory structures, provided they meet the required setback. The required setback shall be either that setback established by the governing conventional district, an established building envelope, or the setbacks set forth in the R1:B3 zoning district if no other setbacks apply. All other solid fences and screening walls shall not exceed a height of six feet above grade, except as provided for below:

a.

A fence or screening wall having a maximum height of four feet or less above grade may be located within a required setback for a front yard or side yard that abuts a street.

b.

A fence or screening wall having a maximum height exceeding four feet but no more than six feet above grade may be located within a required setback for a front yard or side yard that abuts a street if the entire section or portion of the fence or wall above four feet in height above grade has a surface area that is at least 50% open and unobstructed by structural elements. (See Figure 3-1.)

c.

A trellis above a gate or opening along the line of a fence, not exceeding a maximum height of eight feet above grade and a width of six feet, is permitted within a required setback for a front, side, or rear yard that abuts a street.

FIGURE 3-1

EXAMPLES OF FENCES WITH THE AREA

ABOVE FOUR FEET AT LEAST 50% OPEN

==> picture [386 x 145] intentionally omitted <==

2.

Corner lots. Fences within the front and/or street side setbacks of a corner lot shall not exceed a height of two feet, six inches above the street level of an adjacent intersection, within the area between the property lines and a diagonal line joining points on the property lines which are 35 feet from their intersection. See Chapter 13.18 (Visibility Obstructions) of the County Code. See Figure 3-2.

FIGURE 3-2

HEIGHT LIMITATIONS FOR FENCES ON CORNER LOTS

==> picture [458 x 193] intentionally omitted <==

3.

Lots with grade differential. Where there is a difference in the ground level between two adjoining lots, the height of the fence or wall shall not exceed six feet as measured from grade on either side of the structure. See Figure 3-3 (Fence Height Limits).

4.

Parallel fences and walls. Two approximately parallel fences and/or screening walls shall maintain a separation of at least two feet to encourage landscaping between the separation, or the height of both structures shall be computed as one structure, subject to the six foot height limitation. See Figure 3-3 (Fence Height Limits).

B.

Setback requirements. Fences or screening walls up to four feet in height or six feet in height above grade may be located within a required setback or on property lines in compliance with the height limits of Subsection A., above.

FIGURE 3-3

FENCE HEIGHT LIMITS

==> picture [451 x 205] intentionally omitted <==

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

The following standards shall apply to all retaining walls that are outside of the footprint of a building. See Figure 3-4 (Maximum Height for Retaining Walls).

A.

Retaining walls may reach a maximum height of six feet above grade if the exposed face of the retaining wall faces into the center of the property.

B.

Retaining walls may reach a maximum height of four feet above grade if the exposed face of the retaining wall faces outward from the center of the property, unless they are at least 25 feet from all property lines, in which case they can reach a maximum height of 8 feet above grade.

FIGURE 3-4

MAXIMUM HEIGHT FOR RETAINING WALLS

==> picture [432 x 246] intentionally omitted <==

(Ord. No. 3666, § II(exh. A), 2017)

The following standards shall apply to the installation of all bridges in A, A2, RA, RR, RE, R1, R2, C-RA, C- R1 and C-R2 zoning districts. Bridges require Design Review in all other zoning districts:

A.

Height limitations. Bridges with a deck or surface elevation that does not exceed the minimum height above creek bank required to comply with Chapter 24.04 (Improvements) and Section 22.82.030 (Drainage Facilities) may be located within a required setback, or on the property line. A bridge may have design or structural features that are no more than six feet in height above the top of bank.

B.

Setback requirements. Bridges that do not exceed the minimum height above creek bank required to comply with County flood control standards may be located within a required setback or on property lines in compliance with the height limits of 22.20.055.A (Height Limitations), above.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

22.20.060 - Height Measurement and Height Limit Exceptions.

All structures shall meet the following standards relating to height, except for fences, which shall comply with Section 22.20.050 (Fencing and Screening Standards), above:

A.

Maximum height. The height of any structure shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zone Development and Resource Management Standards). Maximum height shall be measured as the vertical distance from grade to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-5 (Measurement of Maximum Height) and definition of "Grade" in Article VIII (Definitions).

FIGURE 3-5

MEASUREMENT OF MAXIMUM HEIGHT

==> picture [446 x 169] intentionally omitted <==

B.

Detached accessory structures. A detached accessory structure shall not exceed 16 feet in height above grade. However, a detached accessory structure may be constructed to the height allowed for primary structures, by the applicable zoning district, if the accessory structure is located at least 40 feet from all property lines.

C.

Structures for parking. A detached parking structure is subject to the height limit required by Section 22.20.090.E.2 (Parking Structures on Steep Lots), above. Where a garage or other parking structure is located three feet from a front (or otherwise street-facing) or side property line, in compliance with Section 22.32.130.B.2 (Residential Accessory Uses and Structures - Front setback exception), its height shall be measured from the floor level of the parking area.

D.

Fences. Height limits for fences are established by Section 22.20.050.A (Fencing and Screening Standards —Height Limitations), above.

E.

Exceptions to height limits:

1.

Institutional buildings. Where the maximum height established by the applicable zoning district is less than 75 feet, public and semi-public buildings, churches, hospitals, schools, and other institutional structures allowed in the zoning district may be erected to a height not exceeding 75 feet; provided that:

a.

The front, side, and rear yard setbacks shall be increased one foot for each one foot by which the structure exceeds the height limit established by the zoning district; and

b.

The Director determines that the amount of structure height allowed above the height limit of the underlying zoning district will not result in significant glare, light, privacy, shadow, or visual impacts to surrounding properties or scenic locations.

2.

Dwellings. Dwellings in an A, A2, RA, RR, RE, R1, and R2 zoning district may be increased in height without Variance approval by a maximum of 10 feet when side setbacks of 15 feet or greater are provided, subject to the regulations of Chapter 22.42 (Design Review).

3.

Floor area under parking. Where floor area is developed beneath a parking structure in conformance with Section 22.20.090.E.2, the maximum height of the building shall be 30 feet above grade.

4.

Spires, towers, water tanks, etc. Chimneys, cupolas, flag poles, gables, monuments, spires, towers (e.g., transmission, utility, etc.), water tanks, similar structures and necessary mechanical appurtenances may be allowed to exceed the height limit established for the applicable zoning district, subject to the following standards.

a.

The structure shall not cover more than 15 percent of the lot area at any level, except with Site Plan Review approval.

b.

The area of the base of the structure shall not exceed 1,600 square feet.

c.

No gable, spire, tower or similar structure shall be used for sleeping or eating quarters or for any commercial purpose other than that which is incidental to the allowed uses of the primary structure.

d.

No structure shall exceed a maximum height of 150 feet above grade, except with Design Review approval. See Chapter 22.42 (Design Review).

6.

Wind Energy Conversion Systems. Height limits for WECS are established in Section 22.32.180 (Wind Energy Conversion Systems (WECS)).

F.

Height limit exceptions by Variance or Design Review.

1.

Primary structure. A primary structure may exceed the height limit of the applicable conventional zoning district with Variance approval. See exceptions for dwellings in certain zoning districts contained in Section 22.20.060.E.2. See Chapter 22.54 (Variances).

2.

Detached accessory structure. A detached accessory structure may exceed the height limit of the applicable conventional zoning district with Design Review approval provided that the structure shall not exceed the height limit for the primary structure. See Chapter 22.42 (Design Review).

3.

Agricultural structure. An agricultural structure may exceed the height limit of the applicable zoning district with Design Review approval. See Chapter 22.42 (Design Review).

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

The following standards apply to subdivisions and other development proposed in hillside areas where the slope of the proposed site is six percent or greater:

A.

Subdivision design. Proposed subdivisions shall comply with the standards of Section 22.82.050 (Hillside Subdivision Design).

B.

Substandard lots. The following requirements apply where the area of a vacant lot proposed for singlefamily residential development is less than 50 percent of the minimum lot area required by Section 22.82.050 (Hillside Subdivision Design):

The proposed development shall be subject to Design Review (Chapter 22.42); and

2.

The setback requirements otherwise prescribed for the site by the applicable zoning district shall be waived, provided that nothing in this Section shall imply that the applicable setbacks shall not be applied wherever possible.

(Ord. No. 3577, 2012)

Parking standards for new and existing land uses are contained in Sections 24.04.330 through 24.04.400 (Parking and Loading) of the County Code. Every structure or use created or established shall be provided with the minimum number of off-street parking and loading spaces specified in Sections 24.04.330 through 24.04.400 (Parking and Loading), and in compliance with Chapter 15.06 (Trip Reduction) of the County Code. Applicants are encouraged, to the extent permitted by Marin County Code Chapter 24.04 (Development Standards), to utilize shared parking arrangements and pervious surfaces (e.g., Turfblock, porous asphalt and gravel) in order to reduce the area of impervious surfaces.

(Ord. No. 3577, 2012)

22.20.090 - Setback Requirements and Exceptions.

A.

Purpose. This Section establishes standards for the use and minimum size of setbacks. These standards are intended to provide for open areas around structures for: Visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, recreation, and fire safety.

FIGURE 3-6

LOCATION AND MEASUREMENT OF SETBACKS

==> picture [272 x 217] intentionally omitted <==

B.

Measurement of Setbacks. Setbacks shall be measured from property lines, as shown by Figure 3-6 (Location and Measurement of Setbacks), and as follows; however, if an access easement or street rightof-way line extends into or through a yard setback, the measurement shall be taken from the nearest point of the easement or right-of-way line, not the more distant property line. On irregularly shaped lots, the Director shall determine the location of the front, side, and rear property lines. See Figure 3-7 (Front and Side Setbacks with Easements).

1.

Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the lot to the nearest point of the wall of the structure, establishing a setback line parallel to the front property line.

a.

Flag lots. For a lot with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the lot along a continuous line, establishing a setback line parallel to it. See Figure 3-8 (Flag Lot Setbacks).

FIGURE 3-7

FRONT AND SIDE SETBACKS WITH EASEMENTS

==> picture [393 x 247] intentionally omitted <==

FIGURE 3-8 FLAG LOT SETBACKS

==> picture [279 x 240] intentionally omitted <==

b.

Corner lots. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken.

2.

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

3.

Street side yard setbacks. The side yard on the street side of a corner lot shall be measured at right angles from the nearest point of the side property line adjoining the street to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear yards.

4.

Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line.

5.

Rear yard setbacks in triangular or gore-shaped lots. On a triangular or gore-shaped lot, where it is difficult to identify a rear lot line, the rear yard shall be measured at right angles from a line 10 feet in length within the lot, parallel to and at a maximum distance from the front property line. See Figure 3-9 (Rear Setback in Irregular lots).

FIGURE 3-9

REAR SETBACK IN TRIANGULAR OR GORE-SHAPED LOTS

==> picture [387 x 241] intentionally omitted <==

C.

Setback requirements. Unless exempted in compliance with Subsections D and E, below, all structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zone Development and Resource Management Standards), and with any special setbacks established for specific uses by this Development Code, except as otherwise provided by this Section.

1.

Accessory structures. Detached accessory structures shall comply with the same setback requirements established by the applicable conventional zoning district for primary structures, except as follows.

a.

The rear yard setback for a detached accessory structure shall equal the required side setback to a maximum rear setback of 10 feet; except that the rear setback on a through lot shall be 20 percent of the lot depth to a maximum of 25 feet.

b.

Detached accessory structures may be located within a required setback with Design Review approval. See Chapter 22.42 (Design Review).

2.

Detached site elements. Detached decks, swimming pools and spas, steps, terraces, and other site design elements that are placed at or below grade, and which exceed a height of 18 inches above grade at any point, shall conform with the setback requirements of this Chapter for detached accessory structures. Hand

railings and other safety features required by the California Building Code and attached directly to a detached site element shall not be included in the measurement of the maximum height of the detached site element.

3.

Exempt site elements. Site design elements less than 18 inches above grade are exempt from setback requirements in compliance with Subsection D (Exemptions from setback requirements), below. Examples of site design elements less than 18 inches above grade include ponds, shuffleboard courts, and water elements (e.g., fountains, sprays, etc.).

D.

Exemptions from setback requirements. The minimum setback requirements of this Development Code apply to all development except the following:

1.

Development that is equal to or less than 18 inches above grade;

2.

Fences or screening walls that comply with the height limits specified in Section 22.20.050 (Fencing and Screening Standards) and as restricted by Chapter 13.18 (Visibility Obstructions) of the County Code;

3.

Retaining walls that comply with the height limits specified in Section 22.20.052 (Retaining Walls);

4.

Detached energy efficiency devices located within required rear yard and side yards that do not exceed a height of four feet in height above grade;

5.

Decks, freestanding solar devices, swimming pools and spas, steps, terraces, and other site design elements which are placed at or below grade and do not exceed a height of 18 inches above grade at any point. Hand railings and other safety features required by the Uniform Building Code and attached directly to a detached site element which meets the criteria herein are exempt from the minimum setback requirements;

6.

Flag poles that do not exceed a height of 30 feet above grade; and

7.

An application for single-family residential development that requires Design Review pursuant to Section 22.42.020 (Design Review for Substandard Building Sites).

8.

Floor area directly beneath a parking structure that is built in reliance on Section 22.20.090.E.2 (Parking structures on steep lots) may be built to within three feet of the front property line that abuts the adjoining street from which vehicular access is taken, provided the floor area does not extend beyond the footprint of the parking structure.

E.

Allowed projections into setbacks. Attached architectural features and certain detached structures may project into or be placed within a required setback in compliance with the following requirements:

1.

Architectural features. Architectural features attached to a building may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 3-1 (Allowed Projections into Setbacks). See also Figure 3-10 (Examples of Allowed Projections into Required Setbacks).

TABLE 3-1

ALLOWED PROJECTIONS INTO SETBACKS

Notes:

(1) Feature may project no closer than three feet to the property line.

(2) Cantilevered architectural features including balconies, bay windows, cornices, eaves and roof overhangs may project into setbacks as shown.

(3) Decks less than 18 inches above grade are exempt, in compliance with Section 22.20.090.D.3 (Exemptions from Setback Requirements), above.

(4) A porch may project into a setback, provided it is enclosed only by a railing in compliance with Title 19 (Buildings) of the County Code, and is located at the same level as the entrance floor of the structure. An additional projection into the front yard setback may be allowed with Design Review approval.

(5) A stairway may project into a setback, provided it is not roofed or enclosed above the steps.

Parking structures on steep lots. In any zoning district allowing residential uses, where the slope of the onehalf of the parcel beginning at the street-access side is 20 percent or more, or where the elevation of the lot at the property line from which vehicular access is taken is five feet or more above or below the elevation of the adjoining street, a parking structure may be built to within three feet of the front and side property lines that abut the adjoining street from which vehicular access is taken. Driveway structures that provide access to a parking structure that comply with the provisions of this section are exempt from setback requirements.

FIGURE 3-10

EXAMPLES OF ALLOWED PROJECTIONS INTO REQUIRED SETBACKS

==> picture [421 x 250] intentionally omitted <==

F.

Restrictions on the use of front yard setbacks in residential districts. No junk or scrap shall be allowed in the front yard on any lot in any residential zoning district. This restriction includes the storage of operable or inoperable vehicles in other than improved parking or driveway areas.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3797, § II(exh. A), 2023)

22.20.100 - Solid Waste/Recyclable Materials Storage.

A.

Purpose. This Section provides for the construction and maintenance of storage areas for solid waste and recyclable materials in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900—42911, as may be amended from time to time), and Chapter 7.02 (Theft of Recyclable Materials) of the County Code.

B.

Applicability. This Section applies to the new construction or remodeling of multi-family residential projects with five or more dwelling units, commercial, and other non-residential and non-agricultural projects.

C.

Multi-family residential structures. Multi-family residential projects with five or more dwellings shall provide on-site solid waste and recyclable material storage areas as follows:

1.

Individual unit storage requirements. Each dwelling unit shall include an area, within the dwelling, designed for the storage of solid waste and recyclable material.

2.

Common storage area requirements. Facilities shall be provided for the temporary storage of solid waste and recyclable materials, adequately sized to serve the needs of the project, as determined by the review authority. Table 3-2 provides suggested standards for shared solid waste and recyclable materials storage areas for individual structures within multi-family projects.

TABLE 3-2

SOLID WASTE STORAGE - MULTI-FAMILY PROJECTS

D.

Non-residential structures and uses. Non-residential structures and uses shall be provided with solid waste and recyclable material storage areas, adequately sized to serve the needs of the project, as determined by

the review authority. Table 3-3 provides suggested minimum storage area standards for each individual structure.

TABLE 3-3

SOLID WASTE STORAGE - NON-RESIDENTIAL PROJECTS

E.

Location requirements. Solid waste and recyclable materials storage areas may be located indoors or outdoors as long as they are accessible to all residents and employees, as follows:

1.

Location and design of storage areas. Solid waste and recyclable material storage areas shall be adjacent to, or combined with one another. They may only be located inside a specially-designated structure; or outdoors, within an approved fence or wall enclosure, a designated interior court or yard area with appropriate access, or in a rear yard or interior side yard.

2.

Accessibility. The storage area(s) shall be accessible to residents and employees. Storage areas within multi-family residential developments shall be located within 250 feet of the dwellings which they are intended to serve.

3.

Unobstructed vehicle access. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel, and shall provide at least the minimum clearance required by the collection methods and vehicles of the designated collector. Where a site is served by an alley, all exterior storage area(s) shall be directly accessible from the alley.

F.

Design and construction requirements for multi-family and non-residential development. The design and construction of storage areas in multi-family residential and non-residential developments shall comply with the following standards:

1.

Architectural compatibility, screening. The storage enclosure shall be architecturally compatible with the surrounding structures and subject to the approval of the Director. Storage areas shall be appropriately located and screened from view on at least three sides and shall not conflict or interfere with surrounding land uses.

2.

Security. The storage enclosure shall be properly secured to prevent access by unauthorized persons while allowing authorized persons access for disposal of materials in compliance with Chapter 7.02 (Theft of Recyclable Materials) of the County Code.

3.

Concrete pad and apron. The storage area shall include a concrete pad within a fenced or walled area, and a concrete apron, to facilitate the handling of the individual bins or containers.

4.

Weather protection. The storage area and individual bins or containers shall be enclosed to protect the recyclable materials from adverse weather conditions which may render the materials unmarketable.

5.

Runoff protection. The storage area and individual bins or containers shall, to the extent feasible, incorporate a curb or berm to protect the pad from run-on surface drainage, and a drainage system that connects to the sanitary sewer system.

Certain types of projects and properties are subject to the specific requirements of the County's Municipal Pollutant Discharge Elimination System (NPDES) permit, including removal of trash with a size of five millimeters or greater out of runoff before it reaches a public storm drain system. These projects and properties include commercial, industrial, high-density residential, mixed urban, and public transportation stations. Those projects that are subject to the NPDES permit requirements shall include the installation of Certified Trash Full Capture Systems that meet State and County Standards. In addition, an operation and maintenance plan, subject to the review and approval of the Department of Public Works, shall be recorded and implemented to ensure long term maintenance of these systems in conformance with the standards of the State and County.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

22.20.110 - Undergrounding of Utilities.

Utilities to serve proposed development shall be placed underground except where the Director determines that the cost of undergrounding would be so prohibitive as to deny utility service to the development.

(Ord. No. 3577, 2012)

Accessory structures are allowed only where a primary or conditionally permitted use has been established on the lot, with the exception of certain fences; open wooden post and wire mesh fences that do not exceed a height of six feet above grade may be installed on a lot where no primary use has been established.

(Ord. No. 3666, § II(exh. A), 2017)