Chapter 83.02 — GENERAL DEVELOPMENT AND USE STANDARDS

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.

(Ord. 4011, passed - -2007)

The standards of this Chapter apply to all land use zoning districts. These standards shall be considered in combination with the standards for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and Division 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the land use zoning district or specific land use shall override these general standards.

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 84.17 (Nonconforming Uses and Structures). (Ord. 4011, passed - -2007)

(a) View Obstructions. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights-of-way and private driveways.

• (1) Prohibited. The following shall be prohibited within a clear sight triangle:

• (A) Monument signs.

• (B) Hedges or shrubbery.

• (2) Maximum Height Requirements. The following shall not be erected, placed, planted, or allowed to grow over

• 30 inches in height above the nearest street curb elevation within a clear sight triangle:

• (A) Fences and walls.

• (B) Signs.

• (C) Structures.

• (D) Mounds of earth.

• (E) Other visual obstructions.

• (3) Exceptions. The requirements for clear sight triangles shall not apply to:

• (A) Traffic safety devices.

• (B) Trees trimmed to eight feet above the adjoining curb.

• (C) Utility poles.

• (D) Other government or utility installed/maintained devices allowed by this Development Code.

• (E) Freestanding sign when the lower edge of the sign face is at least eight feet above grade and when there are

no more than two posts or columns, each with a maximum width or diameter of 12 inches, supporting the sign.

• (b) Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows:

• (1) The 90-degree angle is formed by the intersection of either:

• (A) The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-

• way; or

(B) The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-ofway of an intersecting roadway.

• (2) The two 45-degree angles of a clear sight triangle shall each be located as follows (See Figure 83-1):

• (A) Roadway intersections - 30 feet from the roadway intersection.

• (B) Private driveway or alleyway - ten feet from the intersection.

Figure 83-1 Clear Sight Triangles

(Ord. 4011, passed - -2007)

All structures shall meet the standards in this Section relating to height, except for fences and walls, which shall comply with Chapter 83.06 (Fences, Hedges, and Walls).

(a) Maximum Height Allowed. The height of buildings/structures shall not exceed the standards established by the applicable land use zoning district, except as otherwise provided in this Section.

(b) Height Measurement. Height shall be measured as the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of mansard roof or to the average height of the highest gable of a pitched or hipped roof or the highest part of a structure. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above lowest grade.

(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in Subdivision (1) above is more than ten feet about lowest grade.

(c) Allowed Building/Structure Height Increases. The maximum building/structure height development standards established by Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be increased as specified by this Section, provided the increase shall not conflict with airport safety regulations or conditions of an approved Conditional Use Permit.

(1) Institutional Structures. Institutional structures in land use zoning districts 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 land use zoning district may be exceeded by no more than 50 percent for the following structures, except that a lower maximum height may be specified in the conditions of an approved Conditional Use Permit:

(A) Barns, silos, grain elevators, and other farm structures in Rural Resource Conservation (RC), Agricultural

(AG), or Rural Living (RL) land use zoning districts.

• (B) Birdhouses.

• (C) Architectural features of religious institutions.

• (D) Cooling towers, smokestacks or other structures that are required by allowed industrial processes in industrial land use zoning districts.

• (E) Cupolas, domes, skylights, and gables.

• (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 land use zoning districts.

• (M) Observation and carillon towers.

• (N) Ornamental towers and spheres.

• (O) Radio and television station towers.

• (P) Residential chimneys, flues, smokestacks, and enclosures.

(Q) Solar energy collectors in the RS (Single Residential) and RM (Multiple Residential) land use zoning districts. In other land use zoning districts, these structures shall be allowed up to 65 feet. These structures shall be set back from all property lines and habitable structures at least 100 percent of the height of the structure. For noncommercial windmills, refer to Chapter 84.26 (Wind Energy

Systems). Small solar collectors (less than three feet by three feet) are exempt from this requirement to be setback from property lines.

• (R) Stairway housing.

• (S) Water tanks and water towers.

• (T) Distribution and transmission cables and towers.

• (U) Other roof structures and mechanical equipment similar to those listed above.

• (Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4245, passed - -2014)

(a) Purpose. The purpose of this Section is to provide regulations for parcel area standards required by this Development Code. The intent is to clarify the circumstances in which exceptions to the standards may be allowed and to provide uniform methods of calculating parcel areas and measuring parcel dimensions.

(b) Applicability. Except as provided in this Chapter, all parcels of land shall conform to the parcel area standards in Division 2 (Land Use Zoning Districts and Allowed Land Uses) for the land use zoning districts in which the parcels are located.

(c) Allowed Substandard Parcels. A legally created parcel having an area, width, or depth less than that required by an applicable standard provided in Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be used or built upon, provided the development otherwise conforms to the requirements of this Development Code.

• (d) Exceptions to Parcel Area Requirements.

(1) Parcel Area Reduction as a Result of Government Action for Public Purpose. Where a parcel area or setback width or depth has been reduced by a government agency to not more than 25 percent below the minimum requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses), by condemnation, acquisition or dedication for a road, drain, or other public purpose, including any dedication as a result of a redistricting, Variance or Conditional Use Permit, the parcel area existing before reduction shall be what counts for meeting the requirements of this Development Code.

(2) Preservation of Historic Structures. Parcels to be used for the preservation of historic structures or land uses may have less than the minimum parcel area required for the land use zoning district where located, provided that:

(A) The parcel’s structure and/or use have been or may be deemed historic by an incorporated, nonprofit historic preservation organization.

(B) The site shall not be used for human habitation nor generate sewage effluent unless it is:

• (I) Served by common sewage facilities; or

• (II) Contains at least 40,000 square feet and the facilities meet the approval of the Environmental Health Services Division.

(C) The parcel owner shall grant an easement in perpetuity to the County or other governmental body empowered to accept the easement, restricting further development of the site to historic preservation purposes.

(3) Subdivision in Compliance with Conditional Use Permit. The subdivision of multi-family dwellings and mobile home parks in compliance with the conditions of an approved Conditional Use Permit shall not be held to the minimum parcel area requirements of the applicable land use zoning district.

(4) Subdivision Where Topographical Constraints or Created by Aliquot Part. Metes and bounds subdivisions may have actual parcel areas that are ten percent less than those required by the applicable land use zoning district, where the parcels either:

• (A) Have topographical constraints; or

• (B) Are created by aliquot part division (i.e., using a “proper divisor,” which is any divisor of a given number other than the number itself).

(e) Parcel Area Calculations. The minimum parcel area requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) shall be calculated as follows:

(1) Urban Areas. The area of parcels within the following urban land use zoning districts shall be that area included within the perimeter of the legal boundaries of the subject property, exclusive of any area within abutting planned rights-of-way (net area): Single Residential (RS) where lands are designated for lots smaller than one acre as measured herein, Multiple Residential (RM), Special Development (SD) and all commercial, industrial and institutional land use zoning districts.

(2) Rural Areas. The area of parcels within the following rural land use zoning shall be that area included within the perimeter of the legal boundaries of the subject property inclusive of that area within the planned rights-of-way up to the centerline, not to exceed 60 feet from the legal boundary of the lot (gross area): Resource Conservation (RC), Agriculture (AG), Rural Living (RL), Floodway (FW) and Open Space (OS). Within the RS-1 (Single Residential-one acre minimum lot size) Land Use Zoning District, parcels shall be measured based on gross area as defined herein, provided that when any one acre lot is created within an area not served by a municipal water and sewer system, each lot shall be configured so as to meet applicable requirements for an individual well and septic system.

(3) Parcels That Abut Alleys. In computing the area of a parcel that abuts upon one or more alleys, one-half the width of the alley(s) may be assumed to be a portion of the parcel.

(4) Rounding. In computing lot area requirements for the resultant parcels in a subdivision, the total lot area shall be rounded to the nearest tenth of an acre using the normal rounding convention (e.g., 2.45 acres shall be rounded to 2.5, 9.94 acres shall be rounded to 9.9 acres).

(f) Measurement of Parcel Dimensions. All required parcel dimensions shall be measured in compliance with the definitions contained in Division 10 (Definitions).

(Ord. 4011, passed - -2007)

This Section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this Section.

(a) Screening Between Different Land Uses.

(1) An opaque screen consisting of plant material, a minimum of ten feet in width, and a solid masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial, institutional or

industrial development adjoins a residential land use zoning district.

(2) The maximum height of walls shall comply with the provisions of Chapter 83.06 (Fences, Hedges, and Walls).

(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.

(4) Minimum sizes of plant materials shall conform to the requirements in § 83.10.070(d) (Landscape Standards Minimum Sizes of Plant Materials).

Figure 83-2 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-of-way and surrounding area(s) zoned for residential 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.

(3) Landscaping shall be installed adjacent to the walls at the discretion 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 wall not less than six feet nor more

than eight feet in height, of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair.

(B) Stored materials shall be kept below the level of the fence 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 walled area.

(D) Exterior storage shall comply with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

(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 Division 2 (Land Use Zoning Districts and Allowed Land Uses) and the above standards.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

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.

Figure 83-3 Location and Measurement of Setbacks

(a) General Setback Requirements.

(1) Structures. Each structure shall comply with the setback requirements established for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and established for specific uses in Division 4 (Standards for Specific Land Uses) and elsewhere in this Development Code.

(2) Setback Areas or Open Space Areas.

(A) Setback areas or open space around an existing or proposed structure shall not be considered as providing setback areas or open space for any other structure.

(B) Setback areas or open space on an adjoining parcel shall not be considered as providing setback areas or open space for a parcel on which a structure is proposed to be erected.

(3) Rights-of-Way and Easements.

(A) Future Right-of-Way. If any future right-of-way line has been established by an ordinance, specific plan, or similar document, the measurement of the setback shall be made from the future right-of-way or future property line.

(B) Street Setbacks. Street setbacks shall provide a minimum half width of 30 feet for a right-of-way in the Valley or Desert Regions and 20 feet for a right-of-way in the Mountain Region unless otherwise specified by an ordinance, specific plan, or similar document.

(C) Private Road Easements. The minimum front, side, and rear setbacks from private road easements shall be 15 feet in the Mountain Region and 25 feet in the Valley and Desert Regions from the recognized easement line. This rear setback requirement shall apply only when the easement is used to access two or more parcels.

(4) Front Setbacks.

(A) Front setback lines shall be established so that, wherever possible, the yard width at the setback line is at least the minimum width specified by the applicable land use zoning district, unless otherwise allowed by this Development Code.

(B) On through lots, front setbacks shall be provided on all street frontages.

(5) Street Side Setbacks for Corner Parcels. Side yards on the street sides of corner parcels shall require the same setback as front yards unless otherwise specified within the provisions of a land use zoning district, ordinance, specific plan or similar regulation.

(b) Exemptions from Setback Requirements.

(1) The minimum setback requirements of this Development Code shall apply to all uses except for the following:

(A) Fences or walls constructed within the height limitations of Chapter 83.06 (Fences, Hedges, and Walls).

(B) Retaining walls less than three feet in height above finished grade not to exceed four such walls within the setback.

(2) Street setback lines, as delineated on all Final Maps, Parcel Maps and Records of Survey maps recorded in the County between March 1, 1948 and January 1, 1987, or on Composite Development Plans on file with the Division of Building and Safety shall be the street and yard setback distances required on the property within the Final Maps, Parcel Maps, Records of Survey or Composite Development Plans, unless additional road dedication is required as a condition of development. When additional road dedication is required, or in the case of Final Maps, Parcel Maps and Records of Survey maps recorded prior to March 1, 1948, the greater setback distance of either the property development standards in the applicable land use zoning district based on the ultimate right-of-way width or the setback distance as shown on the approved map shall prevail. Notwithstanding any other provisions of the Development Code, any request to modify or deviate from a building setback line designated on a recorded map or final map shall be made in compliance with the provisions of Chapter 85.17 (Variances).

(c) Measurement of Setbacks. Setbacks shall be measured as follows:

(1) Front Setbacks. The front yard 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. Refer to § 810.01.140(oo)(1) for the definition of front lot line.

(2) Side Setbacks.

(A) 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 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:

• (I) Semi-detached two and four family dwellings.

• (II) Row dwellings.

• (III) Group dwellings.

• (IV) Court apartments.

(3) Street Side Yard Setbacks. The side yard 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 Yard Setbacks.

(A) The rear yard 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:

(I) 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

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

perty lines converge to a point at the rear of the parcel, or to a rear property line narrower than ten feet, for setback purposes the rear property line shall be considered to be a line parallel to the front property line measuring ten feet between the two side property lines. The rear yard depth shall be measured from the ten-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 assumed to be a portion of the required rear setback.

Figure 83-4 Rear Setbacks on Irregularly Shaped Parcels

(d) Allowed Projections into Setbacks. See § 83.02.080 (Allowed Projections into Setbacks).

(e) Construction Across Property Lines Prohibited. A structure shall not be constructed across the property line(s) of two or more contiguous parcels. 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 lot merger, lot line adjustment, or parcel map to move or eliminate the property line in question. The lot line adjustment process may be used if the parcels will still meet the development standards of the land use zoning district in which the parcels are located.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)

This Section provides standards for allowed projections into required setbacks. Nothing in this Section is intended to prevent the construction of an allowed primary or accessory structure within the building envelope that is in the parcel area not included in any required setback area.

(a) Open and Unobstructed. Each setback area shall be open and unobstructed from finished grade, or other specified level at which the setback area is required, to the sky except as provided in Table 83-5 (Allowed Projections/Structures Within Setbacks).

(b) Projections Attached to Primary Structure. The architectural projections identified in the table shall be attached to the primary structure allowed on the parcel.

• (c) Required Clear Areas. The projections listed in Table 83-5 (Allowed Projections/Structures Within Setbacks) may not, in any event, encroach on or into the following:

• (1) The Clear Sight Triangle required at traffic intersections.

• (2) Within three feet of any parcel line, dividing parcels not in common ownership, except as noted in the Table.

(3) Within five feet of any side or rear property line in a Fire Safety Overlay District or as allowed in § 82.13.060(c).

(d) Table 83-5 (Allowed Projections into Setbacks). Table 83-5 (Allowed Projections/Structures Within Setbacks) lists the equipment and architectural features typically related to a structure that may extend into front, side, and rear yard setbacks.

(1) Trees and shrubs shall be planted so that at maturity they shall not interfere with a driver's or pedestrian's view of public rightsof-way (e.g., the view of approaching, merging, or intersecting traffic, etc.) or otherwise impair public safety, or interfere with the safe operation of a motor vehicle on public streets. (2) Walkways necessary for access to the building, parking areas and driveways may be supported on masonry construction in the Mountain Region.

interfere with a driver's or pedestrian's view of public rightsof-way (e.g., the view of approaching, merging, or intersecting traffic, etc.) or otherwise impair public safety, or interfere with the safe operation of a motor vehicle on public streets. (2) Walkways necessary for access to the building, parking areas and driveways may be supported on masonry construction in the Mountain Region.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4245, passed - -2014; Am. Ord. 4383, passed - -2020; Am. Ord. 4504, passed - -2026)