Modesto Municipal Code § 10-4.404 Vision Obstructions (Clear Vision Triangle)

The following general development standards apply to all zones unless otherwise specified. Where conflict between standards occur, the standards in this article apply.

The following are exceptions to the height limits required by this chapter:

(a) Roof structures or equipment required to operate and maintain a building such as chimneys, elevator housings, mechanical equipments, stairways, vents, or similar equipment or structures may exceed the height limits as limited by the California Building Codes (CBC) or by ten (10) feet, whichever is less. In the event of a conflict the CBC requirement controls.

(b) Architectural features of a building such as towers, spires, cupolas, and flag poles may be erected to a height up to twenty-five (25) percent above the height limit, or no more than ten (10) feet above the height limit, whichever is less.

(c) Public and utility facilities such as water towers, city owned and operated communication facilities, transmission and distribution poles and towers for public utilities are not subject to the height limits of this chapter.

(d) Height regulations for roof mounted wireless communication facilities are provided in Section 10-3.406c.

(e) Any request for a height greater than provided in this section may be considered with a conditional use permit from the Board.

(a) Landscape Plans and Maintenance. Whenever landscaping or a landscape plan is required by this Code or as a condition of a zone, variance, use permit, development plan review or similar action, landscape and irrigation system design and plan specifications as determined by the Parks, Recreation, and Neighborhoods Director shall apply. Landscaping and irrigation systems shall be installed and maintained in accordance with the approved plans. Whenever "screen landscaping" is specified in conditions or on approved plans, such landscaping shall be selected to create and maintain a view obscuring "plant mass" at least fifteen (15) feet high within five (5) years.

(a) Automobile-Oriented Structures. Notwithstanding any other provisions in this Title, no building or structure that serves automobiles or automobile occupants, such as gasoline-dispensing facilities, air- and water-dispensing facilities, and drive-up windows, shall be closer than ten (10) feet from any property line or fifteen (15) feet from any other building or structure. A canopy or extended roof may extend to the setback lines as permitted by the California Building Code.

(b) Building Across Property Line. When a building crosses a property line, the two (2) lots shall constitute a single building site and required side and rear setbacks shall not apply to the common boundary.

(c) Projections into Setbacks.

(1) Eaves and awnings and other ornamental architectural features may project into a required setback as permitted by the California Building Code.

(2) Chimneys may project into a required setback a maximum of two (2) feet.

(3) Ground-mounted air conditioners may encroach into a minimum five-foot side setback provided there remains a net two-foot clear adjoining passageway and only if there is maintained a clear minimum thirty-two-inch wide passageway on the alternate gated side yard.

(a) In zones requiring a front setback, there shall be a clear vision triangle on all corner lots. The triangle is an area bounded by the front and street-side property lines and a line connecting them twenty-five (25) feet from their intersection. Within the triangle, the area between three (3) and eight (8) feet in height measured from the top of the curb adjacent to the front yard shall be clear. Trees may penetrate the clear area as long as there are no branches lower than eight (8) feet and the trunk does not constitute a hazard to vehicular or pedestrian traffic as determined by the Traffic Engineer. If no curb exists, the City Engineer shall establish curb grade.

(b) In addition to obstructions in subsection (a) of this section above, the Traffic Engineer may require the removal of landscaping or structures on any lot which in his/her opinion constitute a hazard to vehicular or pedestrian traffic.

(a) Outdoor Storage and Loading Areas. All outdoor storage and loading areas shall be screened from public view using a variety of methods including walls, fences, landscaping, and building and site design as determined by the Director.

(a) Purpose. The purpose of this section is to establish regulations governing the location and maximum height of wall and fences within all zoning districts in order to help maintain compatibility between dissimilar uses.

(b) Location and Maximum Height.

(1) No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation, or other similar action.

(2) No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas. In the R-1 zone, the street side setback required for fences taller than forty-two (42) inches is ten (10) feet.

(3) Any fence located along the front of any property zoned P-O, C-1, C-2, C-3, C-M, M-1, M-2 or P-D with commercial or industrial underlying zoning, shall meet the applicable front-yard and street-side-yard setback requirements and be constructed of decorative wrought iron or other similar material as authorized by the Director. Any exceptions for existing development may be authorized by the Director.

(4) All walls and fences shall comply with the clear vision triangle requirements provided in 10-4.404.

(c) Required Walls and Fences.

(1) Parcels Abutting Property Zoned R-1, R-2, R-3 and Residential P-D. For zones and uses abutting property zoned R-1, R-2, R-3 and Residential P-D walls and fences shall be required as listed in Table 4.4-1 below (even if the properties are separated by an alley). The Director may grant an exception to this requirement for new development in existing neighborhoods where no other similar walls and fences exist.

(2) Back-up Lot. A minimum seven (7) foot tall solid decorative masonry wall shall be required along the rear yard property line of any single-family residential lot that backs up to an arterial street or expressway where vehicular access to the street is not allowed.

Table 4.4-1 Fence and Wall Requirements

(Ord. No. 3681-C.S., § 2(B), effective 1-11-2018; Ord. No. 3734-C.S., § 1, effective 10-7-21)