314-99
99.1 EXCEPTIONS TO DEVELOPMENT STANDARDS
99.1.1 Exceptions to Height Standards. Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this Division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required, or covenants and restrictions ensuring long term affordability of housing for lower income households. (Former Section INL#316-9(a); Amended by Ord. 2472, Sec. 1, 2/14/12)
99.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards. In order to encourage housing affordable to lower income households, or better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit. Exceptions for housing affordable to lower income households shall be conditioned to require covenants and restrictions ensuring long term affordability: (Former Section INL#316-9(b); Amended by Ord. 2472, Sec.1, 2/14/12)
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EXCEPTIONS TABLE |
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DEVELOPMENT STANDARD |
PERMITTED MODIFICATIONS |
LIMITATIONS |
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Minimum Lot Size |
Within mapped Housing Opportunity Zones Minimum Lot Size may be modified down to a minimum of 1,500 square feet. Outside Housing Opportunity Zones, Minimum Lot Size may be modified down to a maximum of fifty (50) percent, or 5,000 square feet, whichever is greater. |
Such modification must be approved in conjunction with a subdivision or lot line adjustment. No lot created by the proposed subdivision or lot line adjustment shall exceed 1.8 times the applicable lot size except housing affordable to lower income households, which may be modified down to a minimum of 1,500 square feet. Lots smaller than 3,000 square feet in size shall not include coastal environmentally sensitive habitat areas or their buffers, streamside management areas, other wet areas, slopes greater than 15%, or other mapped physical constraints as shown on the current residential land inventory GIS maps of the of the Housing Element. Also, the total number of lots created by the subdivision shall not be more than that allowed by the applicable zone. |
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Minimum Lot Width |
Minimum Lot Width may be modified to a maximum of fifty (50) percent. |
Minimum Lot Width shall not be modified below fifty (50) feet. |
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Maximum Lot Depth |
Maximum Lot Depth may be modified up to a maximum of twice that permitted. |
Maximum Lot Depth shall not be modified to exceed eight (8) times the lot width. |
99.1.3 Exceptions to Yard Standards.
99.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet (2 ½’) into the minimum required yard. (Former Section INL#316-9(c)(1); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six feet (6') into front or rear yards and three feet (3') into side yards. (Former Section INL#316-9(c)(2); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.3 Developed Block in a Residential Zone. In any R-1, R-2, or RS zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section INL#316-9(c)(3); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than 2 ½ acres in size in AE, TPZ, FR, and AG principal zones and B combining zones shall be reduced to: (Former Section INL#316-9(c)(4); Amended by Ord. 1848, Sec. 17, 9/13/88)
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Front |
Twenty (20) feet |
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Rear |
Ten (10) feet |
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Interior Side |
Five (5) feet |
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Exterior Side |
Twenty (20) feet |
99.1.3.5 Other Exceptions to Yard Standards. In any R-1, R-2 or RS zone, any structure, building or any architectural feature of a building may be constructed within the front yard setback requirements in this Division without a Special Permit, and within the side and rear yard setback requirements in this Division provided a Special Permit is first obtained. Such reduced yard setback requirements, may be conditioned upon proportional decreases in the maximum building height allowed, and may require a setback reduction agreement with the adjoining property owner(s) unless the project is for housing affordable to lower income households with covenants and restrictions ensuring long term affordability.
Exceptions to the front yard setback may only be allowed provided all the following criteria are met:
- the setback is not reduced to less than 10 feet,
- the house is located on a dead end street, cul-de-sac, or secondary road that is not included in the Circulation Element of the General Plan,
- the garage is not located closer than 20 feet from the street,
- the driveway and parking area has adequate clearance from adjacent property lines and structures, and
- the street fully complies with County standards along the frontage of the lot. and
- the reduced setback is consistent with the County’s Visibility Ordinance. (Ord. 2313A, 12/16/2003)
(Ord. 2313A, 12/16/2003; Ord. 2472, Sec. 1, 2/14/2012)
99.1.4 Exceptions to Lot Coverage Standards. In any R-1 zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this Division provided a special permit is first obtained.
99.1.4.1 Other Exceptions to Lot Coverage Standards. In any R-1 zone on lots six thousand (6,000) square feet or less in size, any deck or decks may be constructed in excess of the lot coverage requirements in this Division without a special permit provided all following conditions are met:
99.1.4.1.1The building area does not exceed the maximum lot coverage allowed by the zone; and
99.1.4.1.2The total lot coverage of all structures on the lot including the proposed deck does not exceed forty percent (40%); and
99.1.4.1.3The proposed deck does not encroach into the required setbacks; and
99.1.4.1.4The deck is uncovered; and
99.1.4.1.5The deck allows the passage of water so that water can percolate into the soil below. (Ord. 2313A, 12/16/2003)
99.1.4.2 Exceptions to Lot Coverage Standards for Single-Story, Single-Family Residences. In any R-1 zone within a mapped housing opportunity zone (HOZ) on lots ten thousand (10,000) square feet or less in size, a single-story, single-family home may be constructed up to fifty percent (50%) lot coverage inclusive of garages, decks and accessory structures. (Ord. 2313A, 12/16/2003; Ord. 2472, Sec. 1, 2/14/2012; Ord. 2582, § 1, 10/3/2017)