§ 22.20.090. Setback Requirements and Exceptions.

A.

Purpose. This Section establishes standards for the use and minimum size of setbacks. These standards are intended to provide for open areas around structures for: Visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, recreation, and fire safety.

FIGURE 3-6
LOCATION AND MEASUREMENT OF SETBACKS

B.

Measurement of Setbacks. Setbacks shall be measured from property lines, as shown by Figure 3-6 (Location and Measurement of Setbacks), and as follows; however, if an access easement or street right-of-way line extends into or through a yard setback, the measurement shall be taken from the nearest point of the easement or right-of-way line, not the more distant property line. On irregularly shaped lots, the Director shall determine the location of the front, side, and rear property lines. See Figure 3-7 (Front and Side Setbacks with Easements).

1.

Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the lot to the nearest point of the wall of the structure, establishing a setback line parallel to the front property line.

a.

Flag lots. For a lot with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the lot along a continuous line, establishing a setback line parallel to it. See Figure 3-8 (Flag Lot Setbacks).

FIGURE 3-7
FRONT AND SIDE SETBACKS WITH EASEMENTS

FIGURE 3-8
FLAG LOT SETBACKS

b.

Corner lots. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken.

2.

Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the lot to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3.

Street side yard setbacks. The side yard on the street side of a corner lot shall be measured at right angles from the nearest point of the side property line adjoining the street to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear yards.

4.

Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line.

5.

Rear yard setbacks in triangular or gore-shaped lots. On a triangular or gore-shaped lot, where it is difficult to identify a rear lot line, the rear yard shall be measured at right angles from a line 10 feet in length within the lot, parallel to and at a maximum distance from the front property line. See Figure 3-9 (Rear Setback in Irregular lots).

FIGURE 3-9
REAR SETBACK IN TRIANGULAR OR GORE-SHAPED LOTS

C.

Setback requirements. Unless exempted in compliance with Subsections D and E, below, all structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zone Development and Resource Management Standards), and with any special setbacks established for specific uses by this Development Code, except as otherwise provided by this Section.

1.

Accessory structures. Detached accessory structures shall comply with the same setback requirements established by the applicable conventional zoning district for primary structures, except as follows.

a.

The rear yard setback for a detached accessory structure shall equal the required side setback to a maximum rear setback of 10 feet; except that the rear setback on a through lot shall be 20 percent of the lot depth to a maximum of 25 feet.

b.

Detached accessory structures may be located within a required setback with Design Review approval. See Chapter 22.42 (Design Review).

2.

Detached site elements. Detached decks, swimming pools and spas, steps, terraces, and other site design elements that are placed at or below grade, and which exceed a height of 18 inches above grade at any point, shall conform with the setback requirements of this Chapter for detached accessory structures. Hand railings and other safety features required by the California Building Code and attached directly to a detached site element shall not be included in the measurement of the maximum height of the detached site element.

3.

Exempt site elements. Site design elements less than 18 inches above grade are exempt from setback requirements in compliance with Subsection D (Exemptions from setback requirements), below. Examples of site design elements less than 18 inches above grade include ponds, shuffleboard courts, and water elements (e.g., fountains, sprays, etc.).

D.

Exemptions from setback requirements. The minimum setback requirements of this Development Code apply to all development except the following:

1.

Development that is equal to or less than 18 inches above grade;

2.

Fences or screening walls that comply with the height limits specified in Section 22.20.050 (Fencing and Screening Standards) and as restricted by Chapter 13.18 (Visibility Obstructions) of the County Code;

3.

Retaining walls that comply with the height limits specified in Section 22.20.052 (Retaining Walls);

4.

Detached energy efficiency devices located within required rear yard and side yards that do not exceed a height of four feet in height above grade;

5.

Decks, freestanding solar devices, swimming pools and spas, steps, terraces, and other site design elements which are placed at or below grade and do not exceed a height of 18 inches above grade at any point. Hand railings and other safety features required by the Uniform Building Code and attached directly to a detached site element which meets the criteria herein are exempt from the minimum setback requirements;

6.

Flag poles that do not exceed a height of 30 feet above grade; and

7.

An application for single-family residential development that requires Design Review pursuant to Section 22.42.020 (Design Review for Substandard Building Sites).

E.

Allowed projections into setbacks. Attached architectural features and certain detached structures may project into or be placed within a required setback in compliance with the following requirements:

1.

Architectural features. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 3-1 (Allowed Projections into Setbacks). See also Figure 3-10 (Examples of Allowed Projections into Required Setbacks).

TABLE 3-1
ALLOWED PROJECTIONS INTO SETBACKS

Feature	Allowed Projection into Specified Setback
	Front Setback	Side Setback	Rear Setback
Chimney (1)	30 in.	30 in.	30 in.
Cantilevered architectural features (2)	30 in.	30 in.	30 in.
Deck (3)	6 ft.	3 ft. (1)	6 ft.
Porch or trellis (4)	6 ft.	3 ft. (1)	6 ft.
Solar devices and tankless water heaters	30 in.	30 in.	30 in.
Stairway (5)	6 ft.	3 ft. (1)	6 ft.

 

Notes:

(1) Feature may project no closer than three feet to the property line.

(2) Cantilevered architectural features including balconies, bay windows, cornices, eaves and roof overhangs may project into setbacks as shown.

(3) Decks less than 18 inches above grade are exempt, in compliance with Section 22.20.090.D.3 (Exemptions from Setback Requirements), above.

(4) A porch may project into a setback, provided it is enclosed only by a railing in compliance with Title 19 (Buildings) of the County Code, and is located at the same level as the entrance floor of the structure. An additional projection into the front yard setback may be allowed with Design Review approval.

(5) A stairway may project into a setback, provided it is not roofed or enclosed above the steps.

2.

Parking structures on steep lots. In any zoning district allowing residential uses, where the slope of the one-half of the parcel beginning at the street-access side is 20 percent or more, or where the elevation of the lot at the property line from which vehicular access is taken is five feet or more above or below the elevation of the adjoining street, a parking structure may be built to within three feet of the front and side property lines that abut the adjoining street from which vehicular access is taken.

FIGURE 3-10
EXAMPLES OF ALLOWED PROJECTIONS INTO REQUIRED SETBACKS

F.

Restrictions on the use of front yard setbacks in residential districts. No junk or scrap shall be allowed in the front yard on any lot in any residential zoning district. This restriction includes the storage of operable or inoperable vehicles in other than improved parking or driveway areas.

(Ord. No. 3577, 2012; Ord. No. 3666 , § II(exh. A), 2017)