17.70.170 Setbacks.
A. Purpose. This section establishes standards for the measurement of setbacks and required setback areas. These provisions, in conjunction with other applicable provisions of the zoning regulations, are intended to help determine the pattern of building masses and open areas within neighborhoods. They also provide separation between combustible materials in neighboring buildings. Setback areas are further intended to help provide landscape beauty, air circulation, views, and exposure to sunlight for both natural illumination and use of solar energy.
B. Measurement of Setbacks.
1. General. All setback distances shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line. Exception: Where the front property line is located beyond the curb (i.e., within a street or common driveway), the front setback is defined as the minimum distance between a structure and the edge of curb.
2. Building Height and Setbacks. The height of a building in relation to setback standards is the vertical distance from the ground to the top of the roof, measured at a point that is a specific distance (the setback distance) from the property line. Height measurements shall be based on the existing topography of the site before grading for proposed on-site improvements. Where building height is linked to a minimum setback, that setback shall apply to the building incrementally and shall not require a clear-to-sky setback for the entire building. Rather, the setback requirements allow the building to be stepped back incrementally consistent with the required setback distance based on building height.
3. Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to the edge of the structure, not up or down the hill slope.
4. Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback lines.
C. Allowed Projections into Required Setback Areas. The following features are allowed projections into required setback areas:
1. Utility Structures. Adequately screened components of public utility systems may be located within front and street side setbacks when approved by director’s action.
2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy setbacks to the extent provided in Section 17.70.070 (Fences, Walls, and Hedges). Vegetation may also be controlled by the California Solar Shade Control Act.
3. Arbors and Trellises. Arbors and trellises may occupy setbacks subject to the extent provided in Section 17.70.070 (Fences, Walls, and Hedges). Arbors and trellises shall not be connected to or supported by a building, nor be designed to support loads other than vines or similar plantings. They are not considered structures for zoning purposes and shall not be used as patio covers.
4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign Regulations) may occupy setbacks to the extent provided in that chapter.
5. Architectural Features. The following and similar architectural features may extend into a required setback:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space may extend no more than thirty inches into a required setback (see Figure 3-13: Architectural Feature Projections into Required Setbacks).
Figure 3-13. Architectural Feature Projections into Required Setbacks
b. Uncovered balconies, uncovered porches, and decks may extend into the required setback not more than four feet or one-half the required setback distance, whichever is less. Fire escapes, exit stairs, or other required exits may be required to meet greater setbacks to comply with building code requirements.
c. Planters and similar features less than thirty inches in height may be located within the required setbacks.
6. Mechanical Equipment. Mechanical equipment shall comply with required setbacks, with the following exceptions:
a. Ground-mounted heating and air conditioning equipment, and tankless water heaters shall be set back not less than thirty inches from the side and rear property lines and shall comply with Chapter 9.12 (Noise Control).
b. Mechanical equipment serving swimming pools, spas, and water features shall be set back not less than three feet from a side or rear property line. All such equipment shall be acoustically shielded to comply with Chapter 9.12 (Noise Control).
7. Trash Enclosures. Enclosures that have been approved in conjunction with Development Review or a discretionary review process may be located within a required side or rear setback, provided no part of the enclosure is less than three feet from any right-of-way or adopted setback line.
8. Vehicle Parking. Vehicle parking in front yard areas (as defined in Section 17.158.016: F Definitions) of residential properties shall conform to Section 17.76.040 (Front Yard Parking). No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any front or street side setback or upon any unpaved surface as defined in this section and Section 12.38.040 (Parking and Driveway Standards).
9. Unenclosed Parking Spaces in Side and Rear Setbacks. Unenclosed parking spaces and parking aisles may be located within side and rear setbacks. For residential properties, parking spaces may not be located within the front yard area unless consistent with Section 17.76.040 (Front Yard Parking).
10. Enclosed and Unenclosed Parking Spaces in Front and Street Side Setback Prohibited. In no case shall an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than twenty feet from the street right-of-way or property line, except as provided in subsection D (Exceptions to Setback Requirements) of this section, or as provided in Section 17.76.040(D) (Single Car Garages and Single Car Parking). In no case shall a parking space encroach on a public sidewalk.
11. Landscaping in Setbacks. Required setbacks with city-required landscape plans and stormwater facilities shall be landscaped and maintained in compliance with approved plans.
12. Second Story Setback in R-1 Zone. Up to fifty percent of the upper story side wall may align with the lower floor wall, provided such alignment occurs within the rear half of the structure (see Figure 3-14: Second Story Setback Allowed Projection).
Figure 3-14. Second Story Setback Allowed Projection
D. Exceptions to Setback Requirements.
1. Exceptions Entitled to Property Due to Physical Circumstances.
a. Front and/or Street Side Setback Averaging in Developed Areas. Where these zoning regulations require front and/or street side setbacks and where buildings have been erected on at least one-half of the lots in a block as of the effective date of the regulations codified in this section, the minimum required front and/or street side setback shall be the average of the front and/or street side (as applicable) setback of the developed lots, but in no case less than ten feet nor more than would otherwise be required. Averaging does not apply to enclosed parking structures.
b. Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback. Where a new structure provides a rear or side creek setback larger than required by these Zoning Regulations, the required front and/or street side setback, respectively, shall be reduced by one foot for each one foot of additional creek setback, so long as the front and street side setback is at least one-half that required by the zone in which the property is located. Refer to the front and street side setback standards for each zone in Chapters 17.12 through 17.60, inclusive.
c. Setbacks Adjacent to an Alley. The standards required for interior side and rear setbacks shall apply along alleys. However, zero setback is allowed for required surface parking spaces.
d. Rear Setback on Through Lots. On through lots, the minimum rear setback shall be the equivalent to the minimum required front setback.
2. Discretionary Exceptions. Discretionary exceptions to setback requirements shall require a director’s action and meet the findings required for a director’s action (Chapter 17.108), as well as any findings indicated below for an individual exception.
a. Reduced Front and Street Side Setbacks. Upon approval of a director’s action, or in conjunction with tandem parking approval, the director may allow front and/or street side setbacks to be reduced to zero for unenclosed parking spaces. Front and street side setbacks may be reduced to ten feet for structures, including side-loaded carports and garages. However, no driveway shall be less than 18 feet six inches deep, as measured from the sidewalk to face of a garage, or where no sidewalk exists, the outer edge of the street, to accommodate a parked car in the driveway without overhanging onto the public right-of-way.
b. Variable Front Setbacks in Subdivisions. In new residential subdivisions, the review authority may approve variable front setbacks, to be noted on the approved map, provided the average of the front setbacks on a block is at least fifteen feet and no front setback is less than ten feet. Garages or carports that back directly onto the public right-of-way shall maintain a minimum setback of at least eighteen feet six inches, as measured from the sidewalk or where no sidewalk exists, as measured from the outer edge of the public right-of-way, to accommodate a parked car in the driveway without overhanging onto the public right-of-way.
c. Variable Side and Rear Setbacks in New Subdivisions. In new residential subdivisions, the review authority may approve exceptions to the side and rear setback standards, with the exceptions to be noted on the map, provided a separation of at least ten feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative setback requirements or private easements to ensure the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.
d. Other Setback Variations in Previously Subdivided Areas. Upon approval of a director’s action, the director may allow side and rear setbacks to be reduced to zero under either of the following circumstances:
i. When there exists recorded agreement, to the satisfaction of the city attorney, running with the land to maintain at least ten feet of separation between buildings on adjacent parcels and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1; or
ii. When the reduction is for either a minor addition to an existing legal structure that is nonconforming with regard to side and rear setback requirements or for a detached single-story accessory structure; provided, that all such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction (see also Chapter 17.92, Nonconforming Structures) and the director makes the following findings:
(a) In the case of a minor addition, that the minor addition is a logical extension of the existing nonconforming structure;
(b) In the case of a detached single-story accessory structure (either new or replacing a previously approved nonconforming structure), that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater front and/or street side setback than the main structure;
(c) That adjacent affected properties will not be deprived of reasonable solar exposure, and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1;
(d) That no useful purpose would be realized by requiring the full setback;
(e) That no significant fire protection, emergency access, privacy, or security impacts are likely from the addition; and
(f) That it is impractical to obtain a ten-foot separation easement in compliance with subsection (D)(2)(d)(ii)(a) of this subsection.
e. Side and Rear Setback Building Height Exceptions. Upon approval of a director’s action, the director may allow exceptions to the side and rear setback standards provided in Article 2 for each zone. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum setback required:
i. When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning;
ii. When the exception is of a minor nature, involving an insignificant portion of total available solar exposure;
iii. When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading;
iv. When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations;
v. When the property to be shaded is a street;
vi. Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception.
vii. The development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.
Any other exception to the height limits requires approval of a variance as provided in Chapter 17.114 (Variances). For height limits of signs, see Chapter 15.40, Sign Regulations. (Ord. 1705 §§ 17, 27, 28, 2021; Ord. 1657 § 10, 2019; Ord. 1650 § 3 (Exh. B), 2018)