Chapter 17.76 — PROPERTY MAINTENANCE STANDARDS

The quality of life in this City is tied to the character and conditions of its neighborhoods. The purpose of these property maintenance standards is to protect the appearance, integrity, and character of the community.

The provisions of this Chapter apply to all zones in the City, except as otherwise specified.

No more than 40 percent of any residential front yard (see definition of “front yard” in Section 17.158.016 – F Definitions), not to exceed 26 feet in width, may be covered by concrete or other impervious material, including driveways, patio areas, walkways, and other landscape features.

A. Purpose and Application.

1. The purpose of these regulations is to preserve the residential character of streetscapes in the City’s neighborhoods. The expansion of parking in front yard (see definition of “front yard” in Article 9) areas off driveways interferes with the pattern of building masses and open areas within neighborhoods, creates vehicle clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front yard areas that are intended to remain as open areas within neighborhoods.

2. These regulations apply to vehicle parking within the front yard areas as defined in in Section 17.158.016 – F Definitions Section 17.XX.092 (Y Definitions) and shown in Figure 3-14 (Front Yard), including the street side yard on corner lots. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, unless consistent with the provisions of this Section.

Figure 3-14: Front Yard

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• B. Allowed Front Yard Parking. Vehicles parked in front yard areas of residential lots shall conform to all of the following requirements:

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1. Vehicle parking is allowed on driveways leading to garage parking or on other approved off-street parking pads and spaces.

2. Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces, as defined in City parking and driveway standards, or on an approved off-street parking pad as allowed by subsection D (Single Car Garages and Single Car Parking) of this Section (Single Car Garages and Single Car Parking) . Vehicles shall be parked completely within the driveway or parking pad surface with all tires completely on the driveway surface.

3. Vehicles may be parked in tandem (one vehicle behind another), provided there is sufficient space that no part of the vehicle overhangs the property line or sidewalk.

Figure 3-15: Allowed Front Yard Parking

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C. Prohibited Front Yard Parking.

1. Vehicles shall not be parked outside the driveway width area leading to approved garage or parking spaces or other approved parking pad or in any other manner inconsistent with subsection B (Allowed Front Yard Parking) of this Section. (See Figure 3-16: Prohibited Front Yard Parking.)

Figure 3-16: Prohibited Front Yard Parking

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2. Parking where vehicles are “straddling” or are partially on the driveway or parking pad and partially on an unpaved or paved surface next to the driveway is prohibited. (See Figure 3-17: Vehicles Straddling Driveway Prohibited.)

Figure 3-17: Vehicles Straddling Driveway Prohibited

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3. Vehicles shall not be parked diagonally or in any other configuration that would require vehicle circulation outside the width of the driveway area, except as provided in subsection (B)(3) of this Section Section 17.72.090.C ( tT andem pP arking). (See Figure 3-18: Diagonally Parked Vehicles Prohibited.)

Figure 3-18: Diagonally Parked Vehicles Prohibited

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• D. Single Car Garages and Single Car Parking. Residential properties that have parking configurations of a single car garage or single car surface parking similar to Figure 3-19 (Single Car Driveway) may establish an additional parking pad between the driveway and the nearest property line upon approval of a construction permit and conformance with the following requirements:

  1. The parking pad shall meet minimum parking space dimensions of parking and driveway standards to ensure adequate space for vehicle parking on the driveway and adjacent parking pad.

  2. The parking pad shall meet minimum depth requirements of the parking and driveway standards (typically 18 and one-half feet) and vehicles may not be parked to overhang the sidewalk or property line into the public right-of-way.

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3. The parking pad space shall be surfaced with alternative paving to achieve aesthetic and environmental objectives. Examples of alternative paving surfaces include, but are not limited to interlocking pavers, ecoblock, porous AC paving, or cobblestone. Parking pads for single car garages and single car parking established prior to the adoption of this Section may be exempted from this requirement.

4. Vehicle Circulation. There shall be adequate driveway ramp access such that vehicles can access the parking pad location from the public right-of-way without crossing over sidewalk area or other public improvements outside of the driveway ramp area including transitions.

Figure 3-19: Single Car Driveway

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All fencing and walls that are visible from a public right-of-way shall be maintained so that fencing materials and support are structurally sound, with no missing materials. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences and walls shall be maintained and shall stand upright and shall not lean.

• A. Generally . It shall be unlawful and a public nuisance for any person, firm, or corporation owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the conditions described in this Section are found to exist.

• B. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be within the front yard (see definition of “front yard” in Article 9 Section 17.158.016 – F Definitions) area except as provided in Chapter 8.04, which states:

Trash and garbage containers shall not be placed adjacent to the street for pickup more than 24 hours before pickup time, and such containers shall be removed within the 12-hour period following pickup. Trash and recycling containers shall not be placed adjacent to the street for pickup before 5:00 PM or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 AM following pickup.

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Trash, green waste, and recycling receptacles shall be completely screened from public view from the public rightof-way that abuts the front yard by a fence, landscaping, or wall that is otherwise allowed by zoning and building codes. Multi-unit residential developments that are approved for individual waste wheelers shall remove waste wheelers from the common area visible from the public right-of-way in compliance with this Section. Multi-unit residential developments with shared bin service shall utilize approved enclosure locations consistent with project approvals.

• C. Abandoned Buildings. Buildings that are abandoned partially destroyed or damaged or left in an unreasonable state of partial construction, and whose owners have been notified by the City that the property has been determined to be in violation of this Section. An abandoned building means any building or structure which is not occupied, used, or secured for a period of 12 months or more. A partially destroyed or damaged building means any building or structure in which 25 percent or more of the structure has been destroyed or damaged and not repaired or replaced for a period of 12 months or more. An unreasonable state of partial construction is defined as any unfinished building or structure that has been in the course of construction for two years or more, and the condition of this unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood.

not repaired or replaced for a period of 12 months or more. An unreasonable state of partial construction is defined as any unfinished building or structure that has been in the course of construction for two years or more, and the condition of this unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood.

• CD . Paint and Finish Materials. Paint or finish material on the exterior surface of a building or other structure that has become substantially deteriorated, damaged, or unsightly so as to significantly detract from the appearance of the immediate neighborhood. For the purposes of this Chapter, “substantially” shall be defined as the absence or deterioration of a required protective covering exceeding 25 percent of the exterior surface area visible from the public right-of-way or adjacent properties, or 500 square feet, whichever is less, including but not limited to, chipping, curling, damaged, or missing paint. Exterior surfaces shall include gutters, downspouts, trim, doors, windows, fences, and walls.

• D E. Structures and Machines. Broken, deteriorated, neglected, abandoned, or substantially defaced structures, equipment, machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a risk to public safety or nuisance attractive to children. For the purposes of this Chapter, “nuisance attractive to children” shall mean any condition, instrumentality, or machine located in a building or on premises which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it.

• EF . Parking Areas. Parking lots, driveways, paths, or other paved surfaces, except when located in a rear or side yard of a single unit dwelling, which contain substantial cracks, potholes, or other deficiencies posing a substantial risk of harm to the public.

• F G. Vegetation. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or harbor rats or vermin and are visible from a public right-of-way. For the purpose of this Chapter, “overgrown” is limited to lawns or weeds over 12 inches in height. Creek, riparian areas, open space, grassland communities, or other sensitive habitat and unique resource areas as defined by the General Plan are subject to separate regulations.

• G H. Graffiti. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance or by carving, etching, or other engraving.

• H I. Violations. Any violation of the provisions of a Minor Use Permit, Conditional Use Permit, planned development permit, architectural review approval, Variance, or other land use entitlement or land use permit.

• I J. Public Nuisance. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare in such a manner as to constitute a public nuisance, as defined by Civil Code Section 3480.

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• A. Unlawful Acts. It is unlawful for any person, firm, or corporation that owns, occupies, or controls property in the City to maintain or fail to maintain such property in violation of this Chapter.

• B. Type of Offense. Any person who violates Section 17.76.100 (Screening), 17.17.040, 17. 17 76.030 (Front Yard Paving) .050, 17. 177 6. 0550 40 (Front Yard Parking), 17. 17.0607 0.150.B (Furniture), 17. 17.0707 6.050 (Fences, Walls, and Hedges), 17. 17.075(A), 76.060.B (Trash Receptacles) or 17. 17.075 76.06 0( . DC) through — ( H ) (Neighborhood Preservation) shall be guilty of an infraction. Violations shall be punishable as contained in Chapter 1.12. Nothing in this Chapter shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance.

If the owner of any premise fails or neglects to comply with the provisions of this Chapter, it shall constitute a public nuisance in compliance with Section 8.24.020(B) of the City’s Municipal Code. Any aggrieved party may, in addition to any other right or remedy he or she may possess either at law or in equity, pursue a private cause of action to abate a public nuisance, as specified in Section 8.24.190 of the City’s Municipal Code.

• A. Height. The height of any railings or parapets, exterior stairways, and other access features such as stairwells or elevators for access to roof decks shall not exceed the maximum allowable building height for the structure, including exceptions allowed by Section XXX 17.70.080 (Height Measurement and Exceptions).

• B. Furniture. No furniture or equipment, including chairs, mattresses, couches, recreational furniture, or other materials may be placed on any roof, patio cover, carport, shed top, or similar structure, except for the following.

  1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning equipment, and similar devices that are designed for roof-top installation, and were lawfully installed, may remain on the roof as long as they are properly maintained.

  2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed and created for such use. All such furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage or dislocation.

C. Performance Standards.

1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively impact any adjacent residential uses.

2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in compliance with the City’s noise regulations.

3. Hours of Operation.

• a. C-N and O Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial rooftop use will not negatively impact surrounding residential uses.

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• b. All Other Nonresidential Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 10:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial rooftop use will not negatively impact surrounding residential uses.

• c. General. Rooftop decks and activities shall also comply with restrictions for development subject to Edge Conditions regulations (Section 17.70.050: XX Edge Conditions). Commercial hours of operation for rooftop uses also may be restricted upon evidence of a substantiated compliant.

• A. Screening of Visible Storage and Maintenance. Parking, storage, stockpiling, or maintenance of any of the following items on private property shall be screened from view from any public right-of-way, except as otherwise provided i n this Chapte rsubsection D of this Section . Objects and activities will be considered “screened” when they are either not visible from a public right-of-way or behind and below a solid six-foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise allowed by zoning and building codes.

  1. Furniture and Other Equipment. Furniture or other equipment, including but not limited to stuffed couches and chairs, household appliances, sinks, heaters, boilers, tanks, machinery, other household or commercial equipment, or any parts thereof.

  2. Materials. Building materials, including but not limited to packing boxes, lumber, dirt piles, wood, landscape materials, or debris.

3. Recreational Vehicles and Related Devices.

• a. Any airplane or other aircraft, or any parts thereof.

• b. Special mobile equipment or parts thereof, such as tar wagons, water trailers, and similar devices as defined in Section 575 of the Vehicle Code.

• c. Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, or parts from any of these items, unless exempted b y in subsection (D)(7) of this Section 17.86.210 (Recreational Vehicles: Use as Dwelling; Parked on a Private Lot).

4. Exceptions. The following may be allowed in front yards under the noted circumstances:

• a. Waste haulers and recycling containers may be placed for pickup in compliance with Chapter 8.04 and Section 17. 17 76. 075 060 (Neighborhood Preservation).

• b. Portable on demand storage containers (PODS) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week.

• c. Building materials, vehicles, equipment, or construction tools may be placed in yards during construction with a valid Building Permit.

• d. Personal property owned or rented by the occupants may be repaired, washed, cleaned, and serviced, subject to any other relevant regulations, provided that vehicles are parked in a driveway and that all work is completed within 72 hours.

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• e. Storage, repair, and maintenance of vehicles or other equipment may be allowed in commercial or agricultural areas visible from a public right-of-way where these activities are an integral part of the commercial business and are conducted in compliance with all other limitations on that business.

• f. Barbecues and furniture that is designed and intended for outdoor use may remain on a porch or in a walled front patio where the walls are designed in compliance with fence height regulations.

• g. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with Section 17.86.210 (Recreational Vehicles: Use as Dwelling; Parked on a Private Lot). Section 17.17.055.

  • h. Parking of personal, operable vehicles may be parked in compliance with Section XXX (XX).1 7.76.040 (Front Yard Parking).

• B. Screening of Mechanical and Electrical Equipment . All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the public right-of-way or adjacent residential zones. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions to this ’

• Section are subject to the Director’s review and approval via Director’s Action (Chapter 17.108: Director s Action). In granting a request for an exception, the Director shall find screening is infeasible due to health and safety or utility requirements.

• C. Screening of Outdoor Sales and Storage. Screening shall be required for all outdoor sales and storage as set forth in Section 17.xx.030 subsection A (Screening of Visible Storage and Maintenance) of this Section.

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