Chapter 4.20 — Site and Structural Standards

Sections:

4.20.010 General Site and Structural Standards 4.20.020 Accessory Structures

4.20.030 Height Limits and Exceptions

• 4.20.040 Minor Residential Building Setback Reductions 4.20.050 Performance Standards 4.20.060 Related Lot Requirements

4.20.070 Hillside Development Standards

A. Green Building Standards

See the City's Code of Building Regulations Chapter 17.10 (Green Building Standards Code).

B. Location of Dwelling

Except where otherwise provided for in this Zoning Code, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than the alley [18.08.140].

C. Resident Garage Capacity

The capacity of single-family residential garages, whether attached or detached to the main dwelling unit, shall not exceed four automobiles. [18.08.250]

D. Truck Parking as Residential Accessory Use

Truck parking, when necessary and incidental to an established residential use, shall be permitted provided that there is no more than one truck which does not exceed a gross weight of two tons and which is driven to and from the resident's place of employment on a regular basis or which is utilized in conjunction with an approved home occupation in compliance with Chapter 9.40 (Home Occupation Permit). [18.08.252]

E. Emergency Occupancy of Mobilehomes or Travel Trailers

1. In the event a dwelling is destroyed or rendered uninhabitable by fire, earthquake, or similar calamity, the Director may authorize the temporary placement of a mobilehome or travel trailer for residential use on the property, regardless of the zone classification of the property, for a period not to exceed 180 days.

2. A request for such authorization shall be submitted in writing within 30 days from the time the dwelling is destroyed or rendered uninhabitable.

3. The Director may provide such authorization in writing and may stipulate any necessary conditions as determined by the Director for the protection of the public health and safety or for the protection of the personal health and safety of the proposed occupants. [18.08.280]

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Chapter 4.20 Site and Structural Standards

A. Determination of Accessory Structures

If any question arises as whether any particular structure is accessory to the primary structure in question, it shall be resolved based on the definitions of accessory structure found in Article 11 (Definitions) and the following criteria:

3. Accessory structures may be considered a part of the main structure if:

• a) Connected by a common wall of not less than five feet in length; or

• b) If not more than 20 feet from the main structure and connected thereto by a roof of not less than five feet in width.

1. Nature and size of the primary structure;

2. Nature and size of the accessory structure;

3. Relationship of the accessory structure to the primary structure. [18.08.110]

B. Location of Accessory Structures

The following regulations shall apply to the location of accessory structures in the E, R-1, R-2, and R-3 zones unless otherwise provided by this Zoning Code.

1. No accessory structures on the rear of a reverse corner lot shall be located nearer to the side lot line on the street side of such reversed corner lot than the front setback depth required on the key lot in the rear.

   4. One detached accessory structure for use as a private garage may be permitted to occupy the required front setback of an interior lot when the slope of the front half of such lot is greater than one-foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line; provided, that:

   • a) No portion of any such structure shall be less than five feet from the side or front property line of the lot; and

   • b) No such structure shall exceed one story, not to exceed 12 feet, from groundline to top plate. [18.08.180]

2. No accessory structures shall be located within a required front, side, or rear setback.

A. Height of Structures

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs, or other structures shall exceed the height limit provided in specific zone. [18.08.150]

B. Height of Structure Exception

1. Radio and television masts may extend not more than 35 feet and flagpoles, chimneys, and smokestacks may extend not more than 40 feet above the ground provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

2. All structures erected and existing structures that may be reconstructed, altered, moved or enlarged,

shall comply with the height regulations of the zone in which they may be located with the following exceptions:

• a) Roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, or similar structures, when approved by the Commission, may be erected above the height limits herein prescribed; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

• b) No roof structures, or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. [18.08.160]

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Chapter 4.20 Site and Structural Standards

C. Height Limit at Street Corners [new]

In non-transect zones, development proposed adjacent to any public or private street, or an alley intersection, shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 4.20.030.

1. Measurement of visibility area

• a) A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way.

• b) The visibility area shall be defined by measuring 20 feet from the intersection of the extension of the front and street side right-of-way lines (or 10 feet for driveways) and connecting the lines across the property.

2. Height limit. No structure, sign, or landscape element shall exceed 30 inches in height within the traffic safety visibility area, unless approved by the City Engineer,

Figure 4.20.030 Restricted Height Visibility Area

==> picture [227 x 180] intentionally omitted <==

----- Start of picture text -----
Sight
Triangle
20 feetNothing to exceed 3
feet in height
Sidewalk
Centerline
Uncontrolled
Intersection
Minor Street
Major Street
Centerline
20 feet
----- End of picture text -----

except for trees with their canopy trimmed to a minimum of eight feet above grade.

A. Residential Front or Side Setback Exception

The front and side minimum setback required in all of the Residential zones (both transect and non-transect), established in Article 3 (Specific to Zones), may be reduced as follows:

1. Where lots comprising 40 percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front or side setback with variation, the Director at his discretion may determine that newly erected or structurally altered structures may project into the minimum setback established in Article 3 (Specific to Zones) a distance not to exceed 10 feet.

2. In such cases, per subsection 1 above, no structure newly erected or structurally altered may project beyond the minimum front or side setback line established by the existing structures.

3. In making this determination, structures located more than 35 feet from the front lot line or structures facing a side street on a corner lot shall not be counted.

4. In no case shall any structure be located within any existing or planned future right-of-way. [18.08.120]

5. In compliance with Government Code Section 65589.5, no setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage.

B. Storage in Setback

Except as otherwise provided in Section 4.50.020 (General Parking Standards) and TMC Chapter 10.16 (Recreational Vehicles), no portion of any required front or side setback on the street side of a corner lot shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing or building materials, except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises. [18.08.220]

C. Recreational Vehicle Storage

With the exception of corner lots, a recreational vehicle parked on any premises other than an approved trailer park shall not be parked within the required front, side or rear setback, or other required unoccupied spaces of a lot in the zone where such recreational vehicle is parked.

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Chapter 4.20 Site and Structural Standards

A. Purpose

This Section provides performance standards that are intended to minimize various potential operational impacts of land uses and development and promote compatibility with adjoining areas and land uses.

B. Applicability

The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Existing uses shall not be altered or modified to conflict with these standards.

the area, in accordance with the Occupation Safety and Health Act of 1970, as amended over time.

1. Residential Uses

• a) Outdoor noise level. The noise level emanating from any residential use or operation shall not exceed 60 dBA CNEL in R-1, T2.5, and T3 zones and 65 dBA CNEL in the E, R-2, R-3, MP, T2, and T4 zones, as the acceptable outdoor noise exposure level when measured at the property line.

• b) Interior noise level. The interior noise levels shall not exceed 45 dBA CNEL for all residential uses.

C. Air emissions

No visible dust, gasses, or smoke shall be emitted, except as allowed by the Eastern Kern Air Pollution Control District's Rules and Regulations manual as periodically updated or as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.

D. Combustibles and Explosives

The use, handling, storage and transportation of combustibles and explosive materials shall comply with the City’s building and fire codes, and all other applicable State and local regulations.

E. Dust

Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible.

F. Ground vibration

No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

G. Liquid waste

No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

2. Schools, child day care centers, libraries, churches, hospitals, nursing homes, parks and recreation

areas. The outdoor acceptable exposure level shall not exceed 70 dBA CNEL when measured at the property line.

I. Hours of Construction

1. No construction noise shall emanate from any site within the City limits after 6:00 p.m. or before 7:00 a.m. Monday through Friday.

2. There shall be no construction noise from any site before 8:00 a.m. nor after 5:00 p.m. on any Saturday.

3. No construction shall occur on any site within the City limits on Sundays.

4. Property owners working on the property at which they reside are exempt from the standards of this Subsection.

J. Odors

No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

K. Radioactivity, electrical disturbance or electro-

magnetic interference. None of the following shall be emitted:

1. Radioactivity, in a manner that does not comply with all applicable State and federal regulations; or

H. Noise

No use shall be allowed that creates noise levels that exceed five decibels above the ambient noise level of

2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception or with the function of other electronic equipment

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Chapter 4.20 Site and Structural Standards

beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable State and Federal regulations.

1. Cogeneration;

2. South facing widows;

3. Eave coverage for windows;

L. Energy Conservation in Residential Uses

For residential uses, energy conservation buildings shall be located on site to provide adjacent buildings adequate sunlight for solar access. All new construction and remodeling shall be preplumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, and may include, but not necessarily be limited to, the following conservation measures:

4. Double glazed windows;

5. Earth berming against exterior walls;

6. Green houses; and

7. Deciduous shade trees.

A. Purpose

1. The purpose of this Section is to delineate lot requirements in non-transect zones.

2. Lot standards are essential to the Zoning Code as they provide reasonable and necessary lot criteria to ensure adequate yard and space requirements are achieved.

3. The objective of these regulations is to promote compatibility of uses, public safety, and aesthetic.

B. Space Between Buildings

The minimum distance between structures in nontransect zones is established per Table 4.20.060.A. [18.100.020]

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Chapter 4.20 Site and Structural Standards

C. Interpretation of minimum lot sizes

For the purpose of complying with the minimum lot size and minimum lot area per dwelling unit requirements and other provisions of this Zoning Code, any lot that is 1 acre or less is considered "net" and any lot that is greater than 1 acre shall be considered "gross". the lot sizes or lot areas shall have the meanings as established in Table 4.20.060.B.

==> picture [266 x 305] intentionally omitted <==

----- Start of picture text -----
TABLE 4.20.060.B INTERPRETATION OF MINIMUM LOT SIZE
1/4 acre One-quarter acre or 10,890 net square feet
1/2 acre One-half acre or 21,780 net square feet
1 acre One net acre
Two-and-one-half gross acres or one quarter of one
2 1/2
quarter of one quarter of one quarter section of
acres
land containing not less than two gross acres.
Five gross acres or one-half of one quarter of one
5 acres quarter of one quarter section of land containing
not less than four gross acres.
10 gross acres or a quarter of one quarter of one
10 acres quarter section of land containing not less than
eight gross acres.
20 gross acres or one-half of one quarter of one
20 acres quarter section of land containing not less than 16
gross acres.
40 gross acres or one quarter of one quarter section
40 acres
of land containing not less than 35 acres.
80 gross acres or one-half of one quarter section of
80 acres
land containing not less than 70 gross acres.
----- End of picture text -----

A. Purpose

1. The purpose of this Section is to provide for the reasonable use of hillsides and mountainous areas in non-transect zones while protecting the public health, safety, and welfare by ensuring that development will not induce soil erosion, result in excessive grading, create sewage disposal problems, increase wildfire danger and slope instability, or lead to a loss of aesthetic value.

2. This Section implements the goals and policies of the General Plan and various specific plans and sets specific standards and regulations for all grading and development of slopes up to 15 percent average natural slope. It is not the intent of this Section to apply to oil and gas operations. [18.88.010]

B. Site Development Plan Required

No development shall occur, no use shall be established, and no building or grading permit shall be issued for any development in areas designated as steep slope until approval of Site Development Plan Review in compliance with Chapter 9.60 (Site Development Plan Review). [18.88.080]

C. Average Natural Slope Calculations

1. For the purposes of this Section, slope is defined as the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs. The percent slope of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100.

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Chapter 4.20 Site and Structural Standards

2. Average slope shall be calculated by using the following formula: S = I x L x (0.00229) A

S = average natural slope of the total parcel (in percent) I = contour interval (in feet)

L = total length of all contour lines within the parcel boundaries (in feet) ie A,B, and C

slope greater than 10 percent and on which development is proposed.

2. One single-family dwelling may be built on any lot that was legally created prior to the effective date of this Zoning Code, regardless of slope, provided that all other requirements of this Section are met. [18.88.040]

A = gross area of the parcel (in acres)

0.00229 = a constant used to convert square feet into acres by 100 percent

3. The calculated average natural slope shall be rounded to the nearest whole number (see Figure 4.20.070). [18.88.020]

Figure 4.20.070 Calculation of Average Natural Slope

==> picture [246 x 259] intentionally omitted <==

----- Start of picture text -----
B C
I
A
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D. Standards - Residential Density

Residential development shall not exceed the maximum density permitted by the General Plan land use category applicable to the area in which the property is located, except that:

1. No lot shall be created after the effective date of this Zoning Code on which the average natural slope exceeds 60 percent, except if the lot contains a contiguous area of 10,000 square feet within which there is no

E. Standards - Grading

Grading shall respect the natural contour of the existing terrain wherever possible. The following grading standards shall apply to all land subject to this Section in addition to the grading requirements of Chapter 70 of the latest edition of the Uniform Building Code as adopted and modified, or as may be adopted or modified from time to time, by the Council.

1. Grading shall be limited to building pads and access drives thereto, and extensive grading shall be discouraged.

2. No cuts in excess of 16 feet in height from top to toe shall be allowed.

3. Where grading is necessary, the principles of contour grading should be employed:

• a) Cut slopes shall not exceed two horizontal to one vertical. Shallower slopes may be required if indicated by soils and geologic investigations to be necessary;

• b) Graded slopes should be rounded and shaped to stimulate the natural terrain;

• c) Grading should follow the natural contours as much as possible;

• d) Graded slopes should blend with naturally occurring slopes at a radius compatible with the existing natural terrain.

4. Graded slopes should be screened from view under or behind buildings or by landscaping or natural topographic features wherever possible.

5. Graded slopes shall be revegetated with a mixture of grass seed or shrubs as recommended by the USDA Soil Conservation Service. Planting may be waived by the city engineer for slopes that, due to the rock character of the material, will not support plant growth. [18.88.050]

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Chapter 4.20 Site and Structural Standards

F. Standards - Drainage

All proposed drainage facilities shall respect the natural terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to minimize soil erosion and to otherwise preserve the public health, safety, and welfare. The following standards shall apply to all lands subject to this Section in addition to the requirements of the Tehachapi Subdivision Ordinance.

1. To the maximum extent possible, all natural drainage courses serving major drainage areas, and containing significant perennial vegetation which may constitute a significant wildlife habitat, should remain in their natural state.

2. In the event that off-site drainage facilities will be required to handle increased runoff, interim drainage facilities which provide for no increase in peak runoff from a ten-year storm shall be constructed and maintained until such time as the permanent facilities are completed.

   3. Adequate and safe sight distance shall be provided for a design speed of 15 miles per hour.

   4. Wherever feasible, driveways and access roads shall be installed parallel to elevation contours and shall not cut perpendicularly across contours. The maximum grade for driveways and access roads shall be 15 percent.

   5. Driveways entering a public road or street shall have a minimum paved width of 12 feet and a maximum width of 20 feet and shall be improved with two inches of asphaltic concrete, three inches of rock dust on an aggregate base, three inches of road mix, or three inches of concrete.

   6. Driveways and access roads serving residential projects of three or more units shall be improved with a minimum of three inches of road mix and shall tie to a paved road (under encroachment permit from the public works superintendent, where applicable). The paving requirement may be waived by the Commission when site access is not obtained from a paved road.

3. The overall drainage system shall be completed and made operational at the earliest possible time during construction or shall be otherwise provided for in a manner acceptable to the City. [18.88.060]

4. Driveways and access roads shall comply with the requirements of the City Fire Department. [18.88.070]

G. Standards - Driveways and Access Roads

All proposed driveways and access roads shall be designed to provide convenient and safe access while minimizing the extent of grading. The following standards shall apply to all lands subject to this Section in addition to the requirements of the City's Subdivision Ordinance.

1. Driveways and access roads shall enter the fronting public road or street as nearly at right angle (or radial line, if on a curve) as physical features permit.

2. Driveways shall be designed and constructed in such a manner that stormwater runoff originating on the roadway will not drain down the drive, and stormwater runoff originating on the private property will not drain down the roadway, except in the ditch or gutter line.

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