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11.11.050 Residential development standards.

     The following standards shall apply to all single-family residential zoned lots within the city.

     A.    Building Mass.

     1.     Building Height.

     a.     Measured. Building height shall be measured from the lowest point at which the structure meets either natural grade or finished grade, whichever is lowest, to the highest point of the structure, exclusive of chimneys, weather vanes and other nonstructural architectural features.

     b.     Primary Structure Height. The maximum height for all primary structures shall be twenty-eight (28) feet on lots ten thousand (10,000) square feet or less in gross area or sixty-five (65) feet or less in width, measured along the front setback line. The maximum height for all primary structures shall be thirty-two (32) feet for all other lots.

     c.     Accessory Structure Height. The maximum height for accessory structures shall be fifteen (15) feet.

     d.     Excess Height. Excess height shall not be allowed unless approved through a variance, or an administrative height modification for excess height up to six feet above the underlying height limit as provided in Section 11.45.040, with the exception of lightwells subject to approval by the director of community development based on Section 11.45.040(B)(2)(b).

     e.     Porch Height. No entry structure or porch shall have an eave height more than three feet above the adjacent eave or twelve (12) feet, whichever is less, unless approved through second floor review per Section 11.45.050.

     2.     Roofs.

     a.     Flat Roofs. On a new structure, no more than twenty-five (25) percent of roofed area may be flat. For the purposes of this section, “new” means a structure built where no structure exists, or a structure involving demolition of more than thirty (30) percent of the existing floor area or removal of more than thirty (30) percent of solid roofed area, and “flat” means having a pitch of less than 2:12. For any design not complying with this section, approval by the director of community development shall be required subject to neighbor notification per Section 11.45.060(C)(2)(a). In the event that the director of community development denies approval, the request shall be eligible for review by the planning commission under the required finding for director’s review height modifications. In order to approve the request, the director shall be required to make the following findings:

     i.      The roof configuration accommodates an architectural objective, as dictated by style, scale, and/or architectural consistency with the subject structure.

     ii.     The proposed project preserves the existing scale and character of the surrounding neighborhood, and protects public views, and is sensitive to private views and aesthetics and other property values in such neighborhoods in a manner compatible with development of the subject lot and with the residential design guidelines.

     b.     Roof Equipment. On any structure, no mechanical equipment shall be roof-mounted unless director of community development approval is obtained. Such approval shall ensure that the equipment is not in a position to be visible from offsite, or that it is adequately screened from off-site view. Screening shall be integral to the design of the structure. The director’s approval is subject to neighbor notification per Section 11.45.060(C)(2)(a).

     3.     Second Floor Review. Any project resulting in additional floor area at the second floor level, defined herein as any wall height twelve (12) feet or more above adjacent grade, shall be subject to review as a second story per Section 11.45.050, according to the following thresholds:

     a.     Additions to Existing Second Floors.

     i.      Director’s Review. Up to seven hundred fifty (750) square feet or forty-five (45) percent of existing second floor area, whichever is less.

     ii.     Planning Commission Review. Greater than seven hundred fifty (750) square feet or greater than forty-five (45) percent of existing second floor area, whichever is less.

     b.     New Second Floors.

     i.      Planning Commission Review. Is required for all new two-story primary structures or second floor additions to existing single-story primary structures.

     4.     Building Bulk.

     a.     Angle-Plane.

     i.      No portion of a building shall exceed the height of a forty-five (45) degree plane drawn from a height of ten feet above existing ground level at all boundaries of the lot. Roof eaves and rafter tails projecting out from the vertical plane of the exterior wall surface are exempted.

     ii.     Existing ground level shall be the grade elevation of the subject site at the property boundaries prior to start of construction.

     b.     Chimneys.

 

     i.      Chimneys serving functional interior fireplaces shall be exempt from building bulk limitations.

     ii.     Multiple chimneys located on the same side of the building shall not exceed twenty (20) percent of the length of the subject elevation.

     iii.    Maximum chimney height shall not exceed the minimum height required for building code compliance.

     iv.    In no case shall more than three chimneys be located on the same side of a building.

     B.     Total Floor/Roofed Area.

     1.     Basic Limits.

     a.     Floor area standards shall apply to lot sizes as follows:

 

 

Lot Size Allowable Total Floor and Roofed Area

10,000 square feet or less

36 percent of lot area

10,001 to 15,000 square feet

3,600 square feet plus 23 percent of lot area over 10,000 square feet

15,001 square feet or more

4,750 square feet plus 20 percent of lot area over 15,000 square feet

 

     b.     Review Threshold for Narrow Lots. Floor area review per Section 11.45.030 shall be required for floor area exceeding four thousand five hundred (4,500) square feet on any lot with less than eighty (80) feet of average lot width.

     c.     Review Threshold for Large Projects. Conditional use permit (CUP) review per Chapter 11.43 shall be required for any project resulting in total floor/roofed area above ten thousand (10,000) square feet.

     2.     Volume Space. Any space with a ceiling or top plate height exceeding the maximum allowed volume space height shall be considered as constituting two stories for the purpose of calculating floor area and determining required setbacks. Any such space comprising five percent or less of the total floor area, and any area under a sloped roof with a ridge height of fifteen (15) feet or less are exempt. The volume space height limit is as follows:

     i.      Parcel size twenty thousand (20,000) square feet or greater and average lot width one hundred (100) feet or greater: Fourteen (14) feet;

     ii.     Other properties: Twelve (12) feet.

     3.     Exemptions from Area Calculations.

     a.     Attic space under six feet in height, except that between structural ties which are less than six feet above floor level; ceilings may exceed the height provided that spacing between the structural ties do not exceed forty-eight (48) inches;

     b.     Floor levels entirely submerged below grade;

     c.     Eaves up to four feet in depth;

     d.     Porches attached to the primary residence, and facing the street, with no enclosure between the height of three feet and seven feet except for the building face to which it is attached.

     C.     Setbacks.

     1.     Applicability. The portions of subject parcels falling within the setbacks as stipulated in this section shall be kept clear of structures, except as provided in Section 11.11.050(C)(7).

     2.     Front Yard Setback.

     a.     Setback Measurement Criteria. The front yard setback shall be measured from the front lot line to the nearest portion of the building, excluding eaves up to four feet in depth.

     b.     Determination of Front Yard on Corner Lots. On corner lots, the narrower street frontage is normally the front lot line. However, the director of community development may determine that a longer street frontage comprises the front lot line, in consideration of other factors including house orientation, orientation of nearby houses, and access.

     c.     Basic Averaging Requirement. For all lots, except flag lots which shall have a front setback requirement of twenty-five (25) feet and hillside lots, the required minimum and maximum front yard setback shall be based on an average of neighboring properties. The average front yard setback shall be the average depth of the front setback of the properties along the same side of the block, subject to available data.

     In the event that data for the entire block is not available, the average front setback shall be determined according to the two adjacent properties, with the following additional exceptions:

     i.      An adjacent lot that is vacant or an adjacent flag strip shall be omitted from calculation of average setbacks, with the nearest adjacent non-vacant or non-flag lot beyond to be used for averaging purposes instead.

     ii.     For a corner lot, the average of the front setbacks of the adjacent property fronting on the same street and the property adjacent to that shall be used to determine the required front setback.

     d.     Criteria for Determining Front Setback.

     i.      Any neighboring property with a setback less than twenty-five (25) feet shall be considered as having a twenty-five (25) foot front setback.

     ii.     A lot that is vacant or a flag strip shall be omitted from calculation of average setbacks.

     iii.    In no case shall the required front setback be less than twenty-five (25) feet.

     3.     Side Yard Setbacks.

     a.     First Floor Interior Side Yard. There shall be a minimum side yard of ten percent of the average lot width of the subject lot, but in no case shall the required setback be less than five feet or more than twenty (20) feet.

     b.     Corner Lot Exterior and Second Story Side Yards.

     i.      There shall be a minimum street side yard on each story, and a minimum second story side yard regardless of street location, of twenty (20) percent of average lot width.

     ii.     In no case shall the required setback be less than ten feet or more than twenty (20) feet.

     iii.    Any space with a ceiling, eave, or top plate height exceeding twelve (12) feet shall be considered as constituting two stories for the purpose of calculating side yard setbacks, except for any area under a sloped roof with a ridge height of fifteen (15) feet or less.

     c.     Narrow Lot Side Yards. For lots with eighty (80) feet or less average lot width, and total floor/roofed area exceeding four thousand five hundred (4,500) square feet, a minimum of eight feet ground floor interior side yard setback and sixteen (16) feet second floor or exterior side yard setback shall be provided.

     4.     Rear Yard Setbacks.

     a.     There shall be a rear yard on every lot and parcel of land in zone R-1, except through lots of not less than fifteen (15) feet.

     b.     Through lots shall not be allowed a rear yard setback facing the rear street, and instead shall provide front yard setbacks on both street frontages, except that a minimum setback of twenty-five (25) feet.

     5.     Setbacks for Fireplaces and Chimneys.

     a.     Interior fireplaces shall comply with the front, side, and rear setbacks as set forth in subsections (C)(2) through (C)(4), unless approved through the director’s review setback modification process (Section 11.45.010(B)(1)).

     b.     Outdoor fireplaces/chimneys and chimney outlets serving interior fireplaces shall comply with the front, side, and rear setbacks as set forth in subsections (C)(2) through (C)(4), except that in no case shall the required setback at the point of discharge be less than the applicable fire code requirements regarding setbacks from trees/shrubbery and the setback at the point of exit shall be no less than five feet from the property line, unless approved through the director’s review setback modification process (Section 11.45.010(B)(1)), within the following parameters:

     i.      Outdoor fireplaces/chimneys and chimney outlets serving interior fireplaces shall not encroach into the front, side, and rear yard beyond the limits already established by the existing primary structure. In no case shall the setback be less than five feet;

     ii.     Maximum width of encroachment (up to ten feet above finish floor): ten feet;

     iii.    Maximum width of encroachment (more than ten feet above finish floor): five feet.

     6.     Setbacks for Pools, Spas and Equipment.*

     a.     Minimum Setbacks.

     i.      For pools and spas:*

     (A)   Side: Five feet;

     (B)   Rear: Five feet;

     (C)   Front: Any pool or spa in front of the subject residence or within the front yard requires conditional use permit approval.

 

*     Water features (ponds, fountains, etc.) with a water depth of less than two feet are not subject to setback requirements.

 

     ii.     Pool/spa mechanical equipment is subject to general structural setback requirements, except that a permit for such equipment located within the required side or rear yard setback may be granted through the director’s review setback modification process (Section 11.45.010(B)(1)). In no case shall the required setback for swimming pool equipment be less than the applicable building code requirements. Per the discretion of the director of community development, additional screening and/or a sound-buffering structure may be required for any equipment located within the required side or rear yard setback.

     (A)   Tree Protection. Pool construction shall be set back from the outer trunk circumference of any tree off the subject property, regardless of species, and from any tree on the subject property identified as protected by the city’s tree ordinance, at the minimum distance required by the tree ordinance. The tree ordinance shall be complied with at all times during construction.

     7.     Exceptions to Basic Setbacks.

     a.     Structures not exceeding a height of three feet six inches (front) or six feet (side and rear).

     b.     Eaves up to four feet in depth, provided that no eave is closer than two feet six inches from an interior side or rear property line.

     c.     Rear Garages. Setback requirements for any detached garage in the rear portion of a parcel may be reduced to a minimum of five feet at the rear and/or the interior side yard(s), provided that it is the sole garage on the parcel, and provided that the following limitations are met within the reduced setback area:

     i.      Garage depth and width shall not exceed twenty-five (25) feet.

     ii.     Eave height shall not exceed eight feet.

     iii.    Building bulk shall be limited to an angle-plane measured from eight feet above natural grade at the property line, and at an upward inclination of thirty (30) degrees, except for the following:

     (A)   Eaves;

     (B)   A single gable up to fifteen (15) feet in height.

     d.     Mechanical Equipment in Side Yard Setbacks. A permit for mechanical equipment (for heating, ventilating, and/or air-conditioning) located within the required side yard setback may be reduced to a minimum of five feet upon planning department receipt of a written acceptance of the equipment location from the owner of the affected adjacent property. Per the discretion of the director of community development, a sound-buffering structure may be required for any equipment located within the required side or rear yard setback, depending on the location and orientation of the adjacent affected residence.

     e.     Dormer and Second Floor Setback Encroachments.

     i.      Dormers. Dormers may encroach within side yard setbacks; provided, that:

     (A)   The total length of the dormers shall not exceed thirty (30) percent of the length of the subject elevation; and

     (B)   The planning department receives a written acceptance of the dormer extent and location from the owner of the affected adjacent property.

     ii.     Second Floor Setback Encroachments. Portions of the second floor with ceiling height below six feet are not subject to second floor side yard setbacks; provided, that:

     (A)   The portions are beneath a sloped roof; and

     (B)   The eave height does not exceed twelve (12) feet; and

     (C)   The roof height does not exceed fifteen (15) feet within the required second-floor setback.

     f.      Stairways or Steps. Stairways or steps shall not extend to any extent into a front yard required by this chapter, but an unenclosed stairway or steps, together with the customary railings or balustrades or ornamental pedestals or piers, if no tread of that portion of the stairway within the building line is more than thirty (30) inches vertical distance above the natural level of the ground under and immediately adjacent thereto, and no portion of such stairway, steps, railing, balustrade, pedestal or pier is within five feet of the property line, and no portion of any such railing or balustrade is more than forty-two (42) inches vertical distance above the topmost surface of that trend of such stairway or steps which is immediately there under or above the natural level of the ground immediately adjacent to the base thereof, may extend within the front or side yard setbacks or other setbacks provided for in this code except a front yard required by this chapter.

     g.     Yard Equipment.

     i.      Front Yard Location. Yard equipment, as defined in Section 11.01.030 within the residential zones and unless permitted pursuant to Section 11.11.030(E), shall not be located for more than forty-eight (48) hours within the required front yard setback or in front of the primary structure (whichever is greater), or the corner lot exterior side yard setback.

     ii.     Interior Side and Rear Yard Setbacks.

     (A)   Yard equipment six feet or less in height shall not be subject to a setback.

     (B)   Yard equipment higher than six feet but less than ten feet in height shall be located no closer than five feet from the nearest property line(s) unless permitted pursuant to Section 11.11.030(E) (Uses subject to director’s review) and shall be subject to neighbor notification per Section 11.45.060(C)(2)(a).

     (C)   Yard equipment higher than ten feet shall be subject to all setback requirements applicable to structures.

     (D)   Yard equipment shall not exceed a height of fifteen (15) feet.

     h.     Other Encroachments. All other setback encroachments are subject to setback modification procedures per Section 11.45.010.

     D.    Vehicular Access and Storage.

     1.     Garage Requirement. Every new single-family residence shall have on the same lot or parcel of land one or more garages, or other enclosed structures, providing storage space for two vehicles, conveniently accessible and located at a place where structures are permitted. Each required vehicle storage space shall be at least ten feet wide and twenty (20) feet deep. Any adjacent vehicle storage space in front of or behind one or more of the spaces shall not be counted toward this requirement.

 

     2.     Garage Elevation. On any lot not subject to hillside review, a conditional use permit shall be required for construction of any parking garage or other roofed parking area more than fifty (50) percent below grade, as determined by comparing the area of garage walls below and above grade. For the purposes of this regulation, area of garage walls shall include garage doors; in the event that one or more sides of the roofed parking area is (are) open, it shall nevertheless be included in the calculation of below and above grade area.

     3.     Large Garage Review. Review per Section 11.45.020 shall be required for any project resulting in three or more garage spaces forward of the rear building line of the primary structure, in which the overall width of the garage spaces, regardless of their orientation, is thirty-five (35) percent or more of lot width at the front property line. Additionally, the review shall apply to garages facing and accessed from side streets on reverse corner lots and rear streets on through lots; those respective street frontages shall also be used to calculate the applicability threshold of thirty-five (35) percent for rear streets and twenty (20) percent for side streets. However, the director of community development may determine exemption from large garage review in cases where warranted by garages’ lack of visibility from the street.

     4.     Recreational Vehicle Parking or Storage. The parking or storage of all recreational vehicles shall be subject to director’s review as set forth in Section 11.45.015, with the exception of recreational vehicles not exceeding six feet in height as indicated in subsection (D)(4)(f) of this section, incidental parking as defined in subsections (D)(4)(g)(i) through (iv) of this section, or emergency parking as defined in subsection (D)(4)(h) of this section. Per the discretion of the director of community development, additional landscaping to screen the recreational vehicle from neighboring views may be required. Recreational vehicles shall be parked or stored behind a six-foot tall sight-obscuring gate and/or fence/wall/hedge. Front, side, and rear yard parking or storage shall be regulated as required in subsections (D)(4)(a) through (h) of this section.

     a.     Front Yard and Front Façade. Recreational vehicles shall be parked or stored out of the required front yard setback and behind the front façade of the primary structure, except in cases where the recreational vehicle is parked or stored in an area not prominently visible from the street and public right-of-way as determined and conditioned by the director of community development.

     b.     Garage Access. Recreational vehicles shall not be parked or stored in areas that would prevent vehicle access of parking spaces within a garage or carport if the recreational vehicle parking or storage negatively impacts parking within the neighborhood as determined by the director of community development through the recreational parking and storage review process as set forth in Section 11.45.015.

     c.     Interior Side and Rear Yards. Recreational vehicles exceeding six feet in height that are parked or stored within the interior yard shall maintain a minimum space of eight feet between the recreational vehicle and the property line.

     d.     Corner Street Side Yard. The parking or storage of recreational vehicles within the required corner street side yard setback is prohibited.

     e.     Rear Yard of a Through Lot. The parking or storage of recreational vehicles within the required rear yard setback of a through lot, as defined in subsection (C)(4)(b), is prohibited, except in cases where the recreational vehicle is not prominently visible from the street and public right-of-way as determined by the director of community development.

     f.      Recreational Vehicles Not Exceeding Six Feet in Height. Recreational vehicles not exceeding six feet in height may be parked or stored within the required interior side or rear yard setbacks.

     g.     Incidental Parking or Storage.

     i.      Incidental parking or storage of up to fourteen (14) days in any calendar year subject to a permit issued pursuant to the requirements and restrictions contained in Section 8.11.020(D).

     ii.     Incidental parking or storage of a recreational vehicle for a maximum of two hours is allowed without a permit for purposes of loading or unloading the vehicle.

     iii.    Incidental parking or storage of recreational vehicles within a shared driveway shall be prohibited.

     iv.    Incidental parking or storage of recreational vehicles shall not unreasonably impact egress/ingress access to a shared driveway.

     h.     Emergency Parking or Storage Permitted. Parking or storage of recreational vehicles is permitted during emergency situations where the primary structure has been deemed as unusable as determined by the director of community development. Examples of emergency situations include, but are not limited to, the following: mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as determined by the director of community development.

     5.     Driveways.

     a.     Curb Cuts. All new and modified curb cuts/driveway aprons are subject to approval by the city director of public works.

     i.      New semicircular driveways and dual curb cuts are permitted where street frontage exceeds one hundred (100) feet, subject to approval by the director of public works.

     ii.     New semicircular driveways and dual curb cuts, where street frontage is between seventy-five (75) and one hundred (100) feet, may be permitted subject to review by the director of community development pursuant to Section 11.45.060 and subject to the criteria listed within subsection (d).

     iii.    New semicircular driveways and dual curb cuts are prohibited where street frontage is less than seventy-five (75) feet.

     iv.    Modification or alteration of an existing semicircular driveway, where the street frontage is less than one hundred (100) feet, may be permitted subject to review by the director of community development pursuant to Section 11.45.060 and subject to the criteria listed within subsection (d).

     b.     Width. Semicircular driveways shall not exceed twelve (12) feet in width within the required front setback except as required by the fire department, and as necessary for access to parking stalls. One of the two driveways may be allowed up to twenty (20) feet in width subject to review and approval of the director of community development and subject to the review criteria listed within subsection (d).

     c.     Slope. The finished grade of any driveway shall not exceed an average of seventeen (17) percent, with an absolute maximum grade of twenty (20) percent. Transitional top and bottom slopes shall be provided to the satisfaction of the director of community development and the director of public works.

     d.     Criteria for approval of new or modification of existing semicircular driveways. A new semicircular driveway and curb cuts or modification of an existing semicircular driveway and associated curb cuts as provided for within subsections (5)(a)(ii) and (5)(a)(iv) may be permitted where the director of community development and the director of public works determine the proposed location and design protects public health, safety and welfare based on:

     i.      Street geometric configurations and the provision of adequate line of sight, including, but not limited to, consideration of corner lots, sharp curves, steep or narrow roads;

     ii.     Above ground obstacles, including, but not limited to, trees, large utility poles, utility cabinets, or mail boxes;

     iii.    The number of potential conflict points, including, but not limited to, the number and proximity of driveways to each other;

     iv.    Sidewalk location and design.

     E.     Fences, Walls, Shrubbery and Landscaping Within Required Setbacks and Yards.

     1.     Design and Materials for All Fences and Walls. The finished side of all fences and freestanding walls shall face the neighboring property or public right-of-way, except as approved by the director of community development upon a determination that the proposed fence or wall is similar in appearance on both the side facing the subject property and the side facing the neighboring property or otherwise not adversely affecting neighboring properties. For the purposes of this subsection, “finished side” means the smooth side or the side that does not reveal the structural supports. Spears or other pointed elements on top of fences or freestanding walls shall not be allowed except as approved by the director of community development. Materials such as unfinished plywood, corrugated metals, bare metal wire, barbed wire, mesh fencing, and electrically charged fences shall be prohibited. Chain link fences shall not be installed in areas prominently visible from the public right-of-way except as set forth in subsection (10)(b) of this subsection. Materials for all fences and freestanding walls are subject to the review and approval of the planning division.

     2.     Building permits are required for all fences and walls over forty-two (42) inches in height.

     3.     Neighbor Notification and Survey Requirement. The owners of properties adjacent to any proposed property line fence or freestanding wall shall be notified by the planning division prior to the issuance of building permits. The property line shall be marked in the field, identified on a survey prepared by a licensed surveyor, and submitted to the planning division. An exception to the survey requirement may be granted upon planning division receipt of a written acceptance (including printed name, signature, and contact information) on the site plan of the fence or freestanding wall location by the owners of the properties adjacent to the proposed property line fence or freestanding wall.

     4.     Street-Fronting Fences and Walls. No wall or fence within the required front yard setback, the street side yard of a reverse corner lot, or the rear yard of a through lot, may exceed a height of forty-two (42) inches above adjacent grade on the street side, except as set forth by subsections (5) and (10) of this subsection or as may be permitted by Section 11.45.010, Setback modification.

     5.     Street-Fronting Fences and Walls in the R-1-20,000, R-1-30,000 or R-1-40,000 Zone. Any property within the R-1-20,000, R-1-30,000 or R-1-40,000 zone may have a fence that exceeds forty-two (42) inches in height in the front setback if it meets the following parameters. Review, action, and appeals for street-fronting fences and walls shall follow the regulations set forth in Section 11.45.060(C).

     a.     Open View Design. The fence shall be of a design that creates at least eighty (80) percent open work above forty-two (42) inches in height. An example would be wrought iron fencing with vertical bars spaced at least four inches apart.

     b.     Architectural Design. The fence shall be compatible with and subordinate to its surroundings and be consistent with the single-family residential design guidelines. Revisions to fence design, including simplification of its decorative components, may be required in order to meet this objective.

     c.     Colors. White or other very pale fences are generally discouraged because they are inconsistent with the objective of keeping fences compatible with and subordinate to their surroundings. Darker and more recessive colors may be required in order to meet this objective.

     d.     Fence Height. Fences shall not exceed six feet in height. However, pillars, pilasters or similar support posts of fences may reach a maximum height of six feet six inches. Vehicular and pedestrian entry gates may reach a maximum height of eight feet six inches. Pedestrian entry gates shall not exceed a width of ten feet, and vehicular entry gates shall not exceed a width of twenty (20) feet. A height transition shall be provided between the six-foot fence and the entry gates.

     e.     Light Fixture Height. Lighting may be added on top of the fencing or its pillar, provided the overall height of fence or pillar and light does not exceed a height of seven feet as measured from the finished grade or adjacent grade, whichever is lowest. Brightness of the fixtures shall be indicated on the drawings and subject to evaluation in the context of the project. The intensity of the lights as measured across property lines shall not be more than one foot-candle above ambient. Exceptions to light intensity shall be allowed for low level lighting of less than one thousand six hundred (1,600) lumens.

     6.     Side and Rear Fences and Walls. Fences and freestanding walls shall be limited to six feet in height within the required rear setback and within the required side yard setback as measured from adjacent grade, with the following exceptions:

     a.     Side yard fences forward of the front setback line, shall conform to height limits set forth in subsection (4) of this subsection.

     b.     Street-fronting side yard fences on reverse corner lots shall conform to the height limits set forth in subsection (4) of this subsection.

     c.     Rear fences of through lots, shall conform to the height limits set forth in subsection (4) of this subsection.

     d.     Fences atop retaining walls, shall conform to the limits set forth in subsection (10)(c) of this subsection.

     7.     Flag Lots. Notwithstanding the other provisions of this section, freestanding fences or walls within any required yard on a flag lot may be built to the height limits applicable to side and rear yard fences or freestanding walls, except for that portion of the flag strip that lies within the dimensions of the average front yard setback of the adjacent non-flag lots, which shall conform to the limits set forth for front yards in subsection (4) of this subsection.

     8.     Driveway Gate Location. Driveway gates shall be recessed to allow for safe stacking of at least one vehicle outside of the street. A setback of at least twenty (20) feet from the face of curb, or edge of roadbed if there is no curb shall be required for driveway gates. In no case shall driveway gates be installed in the public right-of-way. Driveway gates shall not swing out toward the street unless the swing arc is greater than twenty (20) feet from the face of curb, or edge of roadbed if there is no curb.

     9.     Lighting. Light fixtures shall only be installed immediately alongside the driveway, immediately alongside the pedestrian entry gate, on pedestrian entry ways, or as determined by the director of community development. Light fixtures atop fences or fence pillars shall be included in the maximum height of the fence. Light fixtures on pedestrian entry ways shall be centered above the walkway and shall be no higher than the pedestrian entry structure. The intensity of the lights shall be measured to ensure that the light projected across property lines is not more than one foot-candle above ambient. Exceptions to light intensity shall be allowed for low level lighting of less than one thousand six hundred (1,600) lumens.

     10.   Exceptions for Fence and Wall Height.

     a.     Pedestrian Entries. A pedestrian entry or similar arbor is permitted within the required front and street side setback; provided, that, it does not exceed a height of eight feet six inches and is subject to the review and approval of the director of community development and shall be subject to neighbor notification per Section 11.45.060(C)(2)(a). For the purposes of this section, “arbor” means a rustic work or latticework bower designed to be intertwined with climbing vines or flowers.

     b.     Temporary Construction Fence. Temporary chain link construction fencing may be permitted within the required front and street side setbacks provided that it does not exceed a height of six feet. Temporary chain link construction fencing shall be installed in conjunction with a mesh windscreen for dust and visibility reduction. Temporary construction fencing shall not be installed without a valid building permit and shall be removed within seven days of building permit final or the expiration of the permit, which ever shall come first.

     c.     Change in Grade.

     i.      “Inward-Facing” Retaining Walls. Where retaining walls face inward to the subject house, the retaining wall may reach a maximum height of five feet six inches, and the total height of the retaining wall and a fence or freestanding wall atop it may reach nine feet or eleven (11) feet six inches for properties that qualify under subsection (6)(d).

     ii.     “Outward-Facing” Retaining Walls.

     (A)   Interior Side and Rear Yards. Where retaining walls face away from the subject house, an overall height of up to nine feet above low grade, consisting of up to three feet of retaining wall height and up to six feet of freestanding fence or wall height, may be granted upon planning division receipt of a written acceptance by the owners of the properties adjacent to the fence.

     (B)   Exterior Side yards. No more than two feet six inches of the allowable six feet of total wall/fence height may be comprised of a retaining wall.

     iii.    Terracing. Landscaped terracing with a gradient up to 1:1 may be used to obtain approval of an aggregate height of retaining walls exceeding the single-wall limit set forth in this section within the required front, side, or rear setback, subject to the review and approval by the director of community development and shall be subject to neighbor notification per Section 11.45.060(C)(2)(a).

     11.   Replacement of Legal Nonconforming Fences or Walls. The replacement of legal nonconforming fences or walls may be permitted by the director of community development upon receipt of sufficient evidence (such as, but not limited to: previous fence material present on-site, camera dated photograph, or written testimony from the owners of the adjoining property) indicating that the fence or wall existed on-site, and upon a determination that the fence or wall: (a) does not impede line-of-sight or public safety; and (b) either the fence or wall is compatible with the neighborhood or the removal of which would impose a practical hardship.

     12.   Front Yard Shrubbery. Tall shrubbery located on private property exceeding three feet six inches in height within twenty (20) feet of the street curb or edge of pavement shall be referred to the public works department for a line-of-sight public safety review and approval. If the shrubbery has been determined to be a safety hazard by the city traffic engineer, the property owner shall be required to reduce the height of the shrub(s).

     13.   Minimum Front Yard Landscaping. Within the front yard, a minimum of fifty (50) percent of the land area shall be maintained with landscaping. For the purposes of this section, “front yard” means the area forward of the primary structure. Paving which incorporates planting cells shall be counted toward the requirement with the exclusion of the hard surface, and parking on such composite planted paving shall not be allowed within the front yard. Exceptions to this section shall be allowed upon determination by the director of community development and shall be subject to neighbor notification per Section 11.45.060(C)(2)(a) that the front yard treatment is compatible with the neighborhood and is not prominently visible from the street. Paving shall be prohibited on vacant lots. (Ord. 478 § 2, 2019; Ord. 462 § 3, 2017; Ord. 413 §§ 3—9, 2013; Ord. 410 § 1, 2013; Ord. 403 § 1, 2011; Ord. 384 § 1, 2010; Ord. 382 § 1, 2010; Ord. 369 § 1, 2008; Ord. 356 § 3, 2006; Ord. 340 § 2, 2003; Ord. 339 § 1, 2003; Ord. 314 §§ 1.2, 3—5, 6, 7, 8, 2001; Ord. 305 § 1, 2000; Ord. 281 §§ 3—5, 9, 1997; Ord. 192 § 1, 1991; Ord. 163 § 1, 1989; Ord. 155 § 1, 1987; LACC Ord. 1494 §§ 210, 210.2—210.4, 1974)