Pismo Beach Municipal Code Ch. 17.22 Setback Requirements and Exceptions

This chapter provides standards for the use and minimum size of setbacks. These standards are intended to provide 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 and recreation.

All structures shall comply with the setback requirements of each zoning district, and with any special setbacks established for specific uses by Article III (Site Planning and General Development Regulations), except as otherwise provided by this chapter. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way, without first securing an encroachment permit.

A. Infill Development Within Previously Approved Projects. Where setbacks have been established for individual vacant parcels by a specific plan, an approved subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required for individual zoning districts by Article II (Zoning Districts and Allowable Land Uses).

B. Special Setbacks for Planned Development Projects. The council may authorize uniform setbacks for a specific project that are different from those required by Article II (Zoning Districts and Allowable Land Uses), through the approval of a planned development permit (Section 17.42.060), or specific plan (Chapter 17.46).

C. Riparian Setbacks. Structures, paving, and grading (other than grading determined by the director to be necessary for slope stabilization) shall be set back from watercourses in compliance with Section 17.24.120 (Riparian Habitat Protection).

Setbacks shall be measured as follows. See Figure 2-32.

FIGURE 2-32 LOCATION AND MEASUREMENT OF SETBACKS

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A. Front Yard Setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows.

1. Flag Lots. For a parcel 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 ("flag pole") meets the bulk of the parcel along a continuous line, establishing a parallel setback line. See Figure 2-33.

FIGURE 2-33 FLAG LOT SETBACKS

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2. Corner Lots. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line bounding the street which provides the street address of the site access.

B. Side Yard Setbacks. The side yard 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; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

C. Street Side Yard Setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line bounding the street, or the easement for a private road.

D. Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards. The rear yard on the street side of a double-frontage parcel shall be measured from the nearest point on the rear property line bounding the street, or the easement for a private road.

The minimum setback requirements of this Zoning Code apply to all development and new land uses, except the following:

A. Fences or walls six feet or less in height above the grade of the site, when located outside of the front setback; and

B. Decks, earthworks, free-standing solar devices, steps, terraces, and other site design elements that are placed directly upon grade and do not exceed a height of eighteen inches above the surrounding grade at any point.

A. Structures. Required setback areas shall not be occupied by structures other than:

1. The fences and walls permitted by Section 17.24.060 (Fences, Walls, and Hedges); and

2. The projections into setbacks allowed by Section 17.22.060 (Allowed Projections into Setbacks).

B. Storage. No front or street side setback shall be used for the storage of inoperable vehicles scrap, junk, or similar material.

C. Parking. Residential parking is allowable within required setback areas only as provided by Section 17.34.030.

Attached architectural features and certain detached structures may project beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with the following requirements.

A. Architectural Features. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 2-10. See also Figure 2-34.

TABLE 2-10 ALLOWED PROJECTIONS INTO SETBACKS

Notes:

(1) Projecting feature shall maintain a minimum clearance of thirty-six inches to any side property line, and to any wall or fence constructed on the property line.

(2) Feature may project no closer than twenty-four inches to any property line.

FIGURE 2-34 EXAMPLES OF ALLOWED PROJECTIONS INTO SIDE SETBACKS

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B. Equipment. Air conditioning, heating, and similar equipment may extend up to thirty inches into side and rear yards, but to no closer than thirty-six inches to any property line. Swimming pool, hot tub, and spa equipment are instead subject to Section 17.22.060(C), below.

C. Setback Requirements for Specific Structures:

1. Fences. See Section 17.24.060 (Fences, Walls and Hedges).

2. Decks, Earthworks, and Other Site Design Elements. Detached decks, earthworks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon the grade, and which exceed a height of eighteen inches above the surrounding grade at any point, shall conform to the setback requirements of this Zoning Code for detached accessory structures. (Note: site design elements less than eighteen inches above grade are exempt in compliance with subsection (C)(2) above.)

3. Swimming Pools, Hot Tubs, Etc. Swimming pools, hot tubs, spas, and associated equipment shall be set back a minimum of five feet from side and rear property lines, or any larger blufftop setback requirement.

4. Retaining Walls.

a. Retaining walls four feet or less in height may be located within a required setback.

b. Retaining walls greater than four feet but less than six feet in height may be located within a required setback, provided that the exposed side of the wall faces into the property.

c. Retaining walls greater than four feet in height where the exposed side of the wall faces out from the property, and all walls greater than six feet in height shall be subject to the same requirements as the primary structure in the applicable zoning district. See Figure 2-35.

FIGURE 2-35 RETAINING WALLS IN FRONT SETBACK

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