153.207 - SETBACKS

(A) - Setback requirements.

(1)

Table H sets forth the basic setback requirements which apply to all zoning districts. Setback exceptions for accessory dwelling units within Residential Zoning Districts are set forth in Section 153.211. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

TABLE H: Setback Requirements in Zone Districts[1, 2]

5 See § 153.207(A)(8)(a)

6 Refer to §§ 153.207(D)(1) and 153.207(D)(2), which requires Discretionary Review. Discretionary Review shall not be required for the one small setback allowance for parcels located in the Glens which are <20,000 sq. ft.

7 Refer to § 153.207(A)(8)(b)

8 Refer to § 153.207(D)(2)(b)(1) for additional special setbacks for sheds and garages in the Glens.

9 Noticing requirements for special Glens setbacks for construction of new square footage outside of the existing footprint*: ≤ 500 sq. ft.: No notice.

500 sq. ft. to 2,000 sq. ft.: Notice immediately adjacent neighbors. >2,000 sq. ft.: Regular 300 feet radius notice.

*No special noticing required if adhering to standard R-1 setbacks.

• Any portion of a structure having a height in excess of 17 feet above the ground elevation at the front setback line shall be set back an additional two feet from the property line for each foot of height in excess of 17 feet, except in the R-1 District. Height shall be measured from the existing or finished grade, whichever presents the lower building profile.

(2)

No setback space provided for any structure in compliance with the regulations for the district in which the setback space is located shall be deemed to provide a setback space for any other structure, and no setback on one lot shall be deemed to provide a setback space for a structure on any other lot.

(3)

Accessory buildings and structures used for sheltering livestock shall conform to the following requirements in addition to conforming with all other applicable code provisions:

(a)

Pasture or corral fences for maintaining or concentrating livestock shall conform with the location requirements of Chapter 115 of this Code.

(b)

Structures, other than fences for housing, maintaining or concentrating livestock, fowl and small animals, shall be located as follows:

1.

Not less than 80 feet from any main dwelling existing on an adjoining lot in an SR and R-1 District, and 100 feet from any main dwelling, on an adjoining lot, in an OS, SCP and RR District at the time such structure is erected;

2.

Not less than 50 feet from any neighboring property line, when either the parcel upon which the structure is located or the adjoining parcel is in the OS, SCP or RR District; and not less than 40 feet from any neighboring property line, when either the parcel upon which the structure is located or the adjoining parcel is in the SR or R-1 District; and

3.

Not less than 50 feet from any front property line or a property line adjoining a street.

(c)

Fenced enclosures, other than those included in division (a) of this division (3), for the concentration of fowl and other small animals shall not be less than 25 feet from any property line.

(4)

Structures housing fowl, rabbits, or other small animals shall be kept a minimum of 50 feet from dwellings on neighboring properties, and all required setbacks shall apply.

(5)

No part of a constructed equestrian riding arena shall be located within ten feet of any property line or ingress/egress easement pursuant to Section 153.207(B)(1).

(6)

Tennis courts, including fences, shall be set back at least 15 feet from the side and rear property lines. Front setbacks shall conform to those required for the zone district.

(7)

Swimming pools shall conform to the same setback requirements as the principal structure within each zoning district.

(8)

The following setback requirements shall apply to parcels in the CC District:

(a)

No side setback shall be required for a parcel in the CC District, except where the side parcel line of the property in the CC District abuts directly on property in any residential district or on a public street, in which case the minimum width of the side setback for such parcel shall be 15 feet.

(b)

No rear setback shall be required in the CC District for structures on parcels located entirely within the boundaries of the Town Center Parking Assessment District where a portion of the original parcel has been acquired by the Town for use in the same Town Center Parking Assessment District, consistent with the Town Center Site Plan, dated March 8, 1989, and with the engineer's report for the Woodside Road - Whiskey Hill Road Parking Assessment District, adopted October 5, 1989 by the Town.

(9)

Notwithstanding the other requirements of this chapter, the following special setback lines shall prevail where applicable for parcels located on Moore Road, Valley Road, Valley Court, Lawler Ranch Road, and Cañada College: no building or structure shall be constructed closer than 200 feet from the right-of-way of I-280.

(B) - Measurement of setbacks.

(1)

Required setbacks shall be measured horizontally from the front, side, or rear property line and from the interior boundaries of easements for ingress and egress, as appropriate to the measurement, to a line parallel thereto at the nearest point of a structure on the lot.

(2)

Where a lot abuts on a road having only a portion of its required width dedicated or reserved for road purposes, the required setback shall be measured from the line establishing the additional width required for road purposes abutting the lot.

(3)

On a lot which is not rectangular or approximately rectangular in shape, required setbacks shall be measured in the manner prescribed by the Planning Director.

(4)

For lots with frontage on more than one roadway, the Planning Director shall determine the road from which the building site would be most visible and apply front setback regulations to that roadway frontage of the lot.

(C) - Exceptions to setback requirements: Ministerial.

(1)

Chimneys; fire escapes; bay windows; eaves; cornices; canopies; stairway landings; uncovered balconies; decks; porches; stairs from the ground to an uncovered balcony; deck; or, accessible ramp or lift on

buildings that are not open to the general public that comply with all applicable requirements in the Federal Americans with Disabilities Act or equivalent requirements in the California Code, whichever are applicable, may extend into a required side setback a distance of not more than three feet and into a required front or rear setback a distance of not more than six feet.

(2)

Walls; hedges; walks; driveways; garage aprons; uncovered decks three feet or less above the ground; landscape features, such as patios, and water features, other than swimming pools; or, accessible ramp or lift on buildings that are open to the general public that comply with all applicable requirements in the Federal Americans with Disabilities Act or equivalent requirements in the California Code, whichever are applicable, may be located in any required setback.

(3)

Utility meters may be located in any required setback, at the discretion of the Planning Director.

(4)

Electrical vehicle charging stations and natural gas fueling dispensers may be located in any required setback if it is determined that the proposed installation will not have a specific, adverse impact upon the public health or safety.

(5)

Waterline backflow preventer devices.

(a)

Waterline backflow preventer devices may encroach into any required setback if all of the following criteria are met:

1.

Devices for waterlines that are two inches in diameter or smaller shall be located at least ten feet from the edge of the driving surface of adjacent roads, and from the edge of the trail tread, defined as the travel surface of any trail. Devices for waterlines that are over two inches in diameter shall be located at least 25 feet from the edge of the driving surface of adjacent roads, and from the edge of the trail tread, defined as the travel surface of any trail.

2.

The bottom of the horizontal portion of the device, or the point where two angled pipes intersect on the device, must not be more than 12 inches above grade as measured from the grade to the lowest part of the device, and not more than 30 inches above grade as measured from the grade to the tallest part of the device, unless an exception is obtained pursuant to division (C)(5)(b) below. The intent is to install the device as low as possible.

Devices on residential properties shall be painted to blend into the surrounding area. Devices on commercial properties shall be painted to blend into the surrounding area, unless painting the device is prohibited by the most recently adopted fire protection regulations. Bronze, brass, copper, and stainless steel devices may be left unpainted.

4.

The devices shall be screened by planting, and/or fencing approved by Town staff, so that they are not visible from the road or adjacent properties, unless prohibited by the most recently adopted fire protection regulations. All approved screening shall remain in place as long as the devices are located within any required setbacks.

5.

The location of the devices shall not create a health and safety hazard.

(b)

The Planning Director may allow an exception to the requirements in divisions (C)(5)(a)1. through (C)(5)(a)3. if there are natural or manmade physical limitations existing on the site that prohibit meeting one or more of the requirements in divisions (C)(5)(a)1. through (C)(5)(a)3. of this section.

(6)

Where a building wall is not parallel to a parcel line, a portion of the building may project into the required setback provided:

(a)

The average depth or width of the setback is at least equal to the required least depth or width otherwise required; and

(b)

The setback is not less in depth or width at any point than 90 percent of the least width or depth otherwise required in the zoning district in which the lot is located.

(7)

Setback encroachments for nonconforming main residences and additions to nonconforming building features, listed in division (C)(1), are permitted, pursuant to Subsections 153.236(B)(2) and 153.236(B)(3).

(8)

Where a lot is situated between two lots, each of which has a main building located within 25 feet of the side lines of the lot in question, and such buildings are located nearer the street line than the depth of the front setback required for the district in which they are situated, the least depth of the front setback required for such parcel shall be equal to the greater depth of the front setbacks of such existing buildings.

(D) - Exceptions to setback requirements: Discretionary.

(1)

Setback exceptions for residential zones

(a)

Purpose.

1.

To allow for the granting of exceptions to the setback regulations in the Town's four residential zones, the Town has determined that in certain lot, site, and neighborhood situations, in the R-1, SR, RR, and SCP Districts, exceptions to setback regulations shall be considered;

2.

To establish a procedure allowing for flexible design of all residential zoned properties, in hillside areas or elsewhere, so that development may be concentrated in those areas with the greatest environmental carrying capacity and limited in areas with low environmental carrying capacity;

3.

To establish a procedure or eliminate the rigidity, delays, and inequities that otherwise would result from the application of conventional residential setback regulations designed primarily for larger parcels or more level sites;

4.

To establish a procedure whereby the Town may authorize desirable residential developments consistent with the spirit and intent of the General Plan and the zoning ordinance without requiring numerous and difficult variance applications;

5.

To encourage variety, avoid monotony, and maintain natural features of residential areas by allowing property owners greater freedom in selecting the means to provide access, light, open space and amenities.

(b)

Exception procedures. Residential setback exception may be granted by the Planning Commission. An application and a brief but adequate site plan and elevations are required, as prescribed by the Planning Director. The Planning Director shall provide public notice of the exception as prescribed in Section 153.963(B)(2). A public hearing shall be held before any exception shall be granted. Exceptions may be granted subject to the following restrictions:

1.

Setback exceptions may be granted for the main residence, and, except in the R-1 zone, for accessory structures;

2.

Except where the findings under division (D)(1)(c) can be made, an exception to a setback may only be allowed if the setback on the opposite side of the property is increased by a like amount, e.g., side to side, front to rear, and the like. Prior to issuance of any building permit, a restrictive covenant running with the property shall be recorded reflecting the revised setbacks, and shall be accompanied by a site map reflecting the same;

3.

The Planning Commission may grant exceptions subject to conditions in order to assure privacy of the applicant or adjacent neighbors. Measures required to protect privacy, may include, but are not limited to, additional second story setbacks, deletion of windows on certain walls or revising their location or size or design to minimize viewing opportunities, landscaping, fencing, or other appropriate screening, restricting outdoor living space and activities or equipment which generates excessive noise in the reduced setback, and other measures deemed necessary to prevent visual intrusion, noise impacts, or obstruction of view corridors or light.

4.

Exceptions shall not be granted to permit encroachment greater than the limits prescribed in Table H, in Section 153.207.

(c)

Findings. The Planning Commission shall make all of the following findings as a condition to granting a setback exception:

1.

a.

There are no alternatives available to the owner which would conform with zoning regulations; or

b.

The available conforming alternatives would cause greater adverse impact on natural features or adjacent residents than the proposed exception; or

c.

The applicant demonstrates that the proposed exception will conform to the setback pattern of development in the surrounding area (if finding (C)(1) shall be made pursuant to division (c), the applicable setback provided in the table may be reduced accordingly provided that no setback be reduced to less than that allowed by Section 153.207, Table H); and

2.

The proposed exception will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town;

3.

The proposed exception will cause no significant adverse impact on the privacy of the applicants or the adjacent neighbors;

4.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

5.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(2)

Setback exceptions for the Glens—Ministerial and Discretionary

(a)

Purpose.

1.

To allow for the granting of exceptions to the setback regulations, in addition to the ministerial and discretionary exceptions in Sections 153.207(C) and (D), in the Glens residential neighborhood, the Town has determined that in certain lot, site, and neighborhood pattern situations, in this R-1 District, exceptions to setback regulations shall be granted;

2.

To establish a procedure allowing for flexible design of the Glens properties, affected by hillside and other constraints, so that development may be concentrated in those areas with the greatest environmental carrying capacity and limited in areas with low environmental carrying capacity;

3.

To establish a procedure or eliminate the rigidity, delays, and inequities that otherwise would result from the application of conventional residential setback regulations designed primarily for larger parcels or more level sites;

4.

To establish a procedure whereby the Town may authorize desirable residential developments consistent with the spirit and intent of the General Plan and the zoning ordinance without requiring numerous and difficult variance applications; and

5.

To encourage variety, avoid monotony, and maintain neighborhood pattern and natural features of the Glens by allowing property owners greater freedom in selecting the means to provide access, light, open space and amenities.

(b)

Exception procedures. A residential setback exception shall be reviewed by the Planning Director. Exceptions shall be granted, subject to the following restrictions and conditions:

1.

Ministerial. Setback exceptions shall not reduce any setback below five feet; with the exception of: one non-habitable shed not to exceed 120 square feet, with a maximum plate height of eight feet and maximum ridge height of ten feet, which may be placed within three feet of a side or rear property line and which shall only have windows on an elevation located five feet or more from the property line; and a parking garage, carport or parking platform, which may be placed within zero feet of a front yard setback. All structures shall also abide by any other required setbacks required in this Chapter or by an outside agency, including, but not limited to a riparian setback; and

2.

Discretionary. The Planning Director may grant exceptions for parcels > 20,000 square feet as listed in Table H, subject to conditions in order to assure privacy of the applicant or adjacent neighbors. Measures required to protect privacy, may include, but are not limited to, continuation of a nonconforming setback only along one yard with an existing nonconforming setback to maintain neighborhood pattern, additional second story setbacks, deletion of windows on certain walls or revising their location or size or design to minimize viewing opportunities, landscaping, fencing, or other appropriate screening, restricting outdoor living space and activities or equipment which generates excessive noise in the reduced setback, and other measures deemed necessary to prevent visual intrusion, noise impacts, or obstruction of view corridors or light.

(c)

Findings. The Planning Director shall make all of the following findings as a condition to granting a setback exception:

1.

a.

There are no alternatives available to the owner which would conform with zoning regulations; or

b.

The available conforming alternatives would cause greater adverse impact on natural features or adjacent residents than the proposed exception; or

c.

The applicant demonstrates that the proposed exception will conform to the setback pattern of development of the adjacent properties;

2.

The proposed exception will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town;

3.

The proposed exception has considered and mitigated any significant adverse impact on the privacy of the applicants or the adjacent neighbors;

4.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

5.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(3)

Setback exceptions for generators and other alternative power sources for emergency or medical purposes.

(a)

Findings. An exception may be granted by the Planning Director to the minimum setback requirements for generators and other alternative power sources for emergency or medical purposes, pursuant to the following findings:

1.

The setback encroachment shall not exceed the minimum setback prescribed by the setback exceptions for each zoning district as listed in WMC Section 153.207(A)(1)(Table H);

2.

There are no alternatives available to the property owner which would conform with zoning regulations;

3.

The proposed setback encroachment minimizes impacts on natural features and adjacent residents;

4.

The proposed exception is necessary to accommodate generators and other alternative power sources, for emergency purposes or medical purposes, where power outages due to both natural occurrences, as well

as PG&E Public Safety Power Shutoffs (PSPSs), have become increasingly frequent;

5.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

6.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(b)

Operational conditions.

1.

The sound output of the emergency generator(s) and/or other alternative power source(s) shall not exceed 70 dB(A) at 23 feet per the manufacturer's specifications; and

2.

Periodic equipment testing for emergency generator(s) and/or other alternative power source(s) shall be performed only during the hours of operation listed in Section 151.55(B).

(c)

Noticing. The Planning Director shall notice the owner(s) of the property(ies) adjacent to the property line for which the exception is being sought for the proposed emergency generators and/or other alternative power sources at least ten days prior to the decision.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2019-602, § 2(Exh. A), effective 12-12-19; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2021-618, § 2(Exh. A), effective 3-25-21; Am. Ord. 2022-623, § 2(Exh. A), effective 2-10-22)