Ventura Municipal Code § 24.405.050 Determination of maximum heights in hillside area

This chapter establishes height regulations for the determination of the maximum height of buildings and other structures. (Code 1971, § 15.605.010)

Except as provided in this chapter, the maximum height permitted for buildings and all other structures in a particular zoning district shall be the maximum height specified in the regulations for that zoning district. (Code 1971, § 15.605.020)

Except as specifically prohibited by the comprehensive plan for the H-C zone, the following structures, or portions thereof, may be permitted to extend above the maximum height limits set forth in this chapter or set forth in the regulations for the zoning district in which the subject site is located:

A. Chimneys or other required venting systems if their height is no greater than the minimums required by the Uniform Building Code, Uniform Plumbing Code, or Uniform Mechanical Code;

B. Ham radio antennas;

C. Radio and television antennas in conjunction with residential uses, other than satellite dishes and antennas attached thereto; or

D. Roof structures for the housing of required elevators, stairways, and similar access equipment. (Code 1971, § 15.605.030)

For purposes of this zoning ordinance, the height of a building or other structure is measured from the average established curb grade at the front lot line to the highest point of such building or other structure, except as provided in this section:

A. Sloping Lot. Except in the hillside area, in instances where the lot slopes up more than 10 percent, as measured from the front lot line to the rear lot line, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs shall be measured from the average finished grade at the corner points of the building line to the highest point of the building or other structure.

B. Through Lot. Except in the hillside area, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, on a through lot shall be measured from the average elevation of the curb grade of the highest lot frontage to the highest point of the building or other structure.

C. R-1-B and R-2-B Zones. In the R-1-B and R-2-B zones only, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, shall be measured from the top of the curb or the edge of the street pavement nearest to the front lot line, whichever is higher, to the highest point of the building or other structure.

D. Signs. The height of pole signs and monument signs shall be measured from the average curb grade of the street nearest to the sign. (Code 1971, § 15.605.040)

A. In any R-1, R-2, or R-3 zone, or portion thereof, within the boundaries of the hillside area as defined in Chapter 24.110, the height of buildings or other structures, other than pole signs, monument signs, fences, or walls, shall be determined in accordance with this section, and the following height restrictions shall apply:

1. Rear Lot Line Highest/Slope of Lot 10 Percent or Less. Where the average elevation of the rear lot line is above the average elevation of the front lot line, and where the slope of the lot is 10 percent or less, no building or other structure shall exceed a height of 12 and one-half feet above the average natural grade of the required rear lot line, or 15 feet above the average natural grade of the required rear setback line, or 30 feet above the average natural grade at each corner point of the building for R-1 and R-2 zoned lots, or 45 feet above the average natural grade at each corner point of the building line for R-3 zoned lots, whichever of the foregoing is the lowest elevation.

2. Rear Lot Line Highest/Slope of Lot Greater Than 10 Percent. Where the average elevation of the rear lot line is above the average elevation of the front lot line, and where the slope of the lot is greater than 10 percent, no building or other structure shall exceed a height of 10 feet above the average natural grade of the rear lot line, or 15 feet above the average natural grade of the required rear setback line, or 30 feet above the average natural grade at each corner point of the building line for R-1 and R-2 zoned lots, or 45 feet above the average natural grade at each corner point of the building line for R-3 zoned lots, whichever of the foregoing is the lowest elevation.

3. Front Lot Line Highest. Where the average elevation of the front lot line is above the average elevation of the rear lot line, no building or other structure shall exceed a height of 15 feet above the average elevation of the front lot line.

4. Through Lot. No building or other structure on a through lot in the hillside area shall exceed a height of 15 feet above the average elevation of the front lot line of the highest lot frontage.

B. Preparation of Plans for Hillside Areas. For the purposes of subsection A of this section, applicants must provide complete topographical and lot survey information prepared by an architect, surveyor, or civil engineer licensed or registered to practice in the state of California, for the lot or lots involved. Such information shall include grading details of any cut or fill slopes and all elevation reference points required by this subsection B to verify height measurements, except as provided in subsection C of this section. The elevation reference points for the front and rear lot lines and the required rear yard setback line shall be shown directly on the site plan and plotted as follows:

1. Points one and two shall be the lot corners;

2. Point three shall be the midpoint between points one and two;

3. Point four shall be the midpoint between points one and three; and

4. Point five shall be the midpoint between points two and three.

C. Exception to Preparation of Survey Information. In any R-1, R-2, or R-3 zone, or portion thereof, within the boundaries of the hillside area the director may determine that the survey information set forth in subsection B of this section is not required provided it can be demonstrated, based on criteria established and adopted by separate resolution, of the council, that the height of buildings or structures or expansions thereof is in scale with surrounding development and will not unreasonably or unnecessarily interfere with scenic views from other public streets and other public areas.

D. In no case shall the height of any building or structure or expansion thereof exceed the Standards – Height set forth in the underlying zone. (Code 1971, § 15.605.050; Ord. No. 2021-017, § 39, 12-13-21)

For the purposes of this zoning ordinance, the height of a fence or wall, or of dense landscaping that serves as a fence or wall, is measured from the highest finished grade directly adjacent to the fence or wall or dense landscaping to the highest point of such fence, wall or dense landscaping. Where a portion of a fence or wall serves as a retaining fence or wall, that portion of such fence or wall shall not be included in the height calculation. (Code 1971, § 15.605.060)

Variances from the height limits established by this chapter may be permitted pursuant to the procedures and findings provided in Chapter 24.535 for the granting of variances. An application for a variance from the height limits applicable to any site, or portion thereof, in the hillside area shall include all the following information and may include additional requirements as the decision-making authority may deem necessary:

A. An application for a variance, including site and elevation plans. All survey information required by Section 24.405.050(B) shall be shown directly on the site plan;

B. Building height and elevation data for all proposed structures and proposed additions to structures;

C. Actual building height and elevation data for all existing buildings and structures on the site and for existing structures on all abutting lots;

D. “Sight-line” drawings indicating the relationship of the proposed structure or addition to any public streets or other public areas where public views may be affected by such structure or addition. (Code 1971, § 15.605.070; Ord. No. 2021-017, § 39, 12-13-21)