No structure or element of a building may encroach into any side yard, street side yard or rear yard except the following:
A. A fence, gate, or wall that otherwise complies with the requirements of this Code;
B. Roof eaves not exceeding a maximum vertical dimension of twelve inches (12") and projecting no more than eighteen inches (18") into such yards. Gutters attached to such eaves may project up to an additional six inches (6") into such yards beyond the projection of the roof eave. In addition, downspouts and other drainage devices not projecting more than six inches (6") into such yards;
C. Porches and decks located at or below the first floor level provided, further, that required handrails for such elements shall not extend more than forty two inches (42") above the first floor level;
D. Decks located at finished first floor level, covering portions of a driveway that leads directly to subterranean parking for residences, provided, further, that required handrails for such elements shall not extend more than forty two inches (42") above the deck floor level and that the length of the deck shall be limited to twenty four feet (24') or the width of the opening into the subterranean parking, whichever is less, provided that a substantial landscape buffer is provided between the deck and any adjacent property;
E. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yards;
F. One fireplace provided one of the following two (2) criteria is met:
1. The required setback equals or exceeds seven and one-half feet (71/2'), the encroachment is limited to thirty inches (30") or less, and the length of the fireplace measured parallel to the property line does not exceed ten feet (10'); or
2. The required setback is less than seven and one-half feet (71/2'), the encroachment is twelve inches (12") or less, the length of the fireplace measured parallel to the property line does not exceed six feet (6'), and the fireplace is located a minimum of ten feet (10') from the front of the building;
G. Swimming pools and mechanical equipment serving pools provided that the mechanical equipment complies with subsection M of this section;
H. Trash storage facilities;
I. Architectural projections, such as half timbers, corbels, and window and door accents, projecting no more than six inches (6") into such yards;
J. A porte-cochere, set back a minimum of four feet (4') from the front setback line, provided that no garage or carport faces the front lot line within the first thirty eight feet (38') behind the front setback line;
K. Freestanding support structures for wireless facilities, provided that mechanical or accessory equipment servicing any such wireless facility complies with subsection M of this section;
L. Light wells as defined in this chapter, provided that no light well is located in a side yard and, if located in a street side yard, the light well is screened from the public right of way by a wall, fence or hedge that complies with the requirements of section 10-3-2420 of this chapter;
M. Mechanical equipment that does not exceed the maximum height requirements for walls, fences and hedges pursuant to section 10-3-2420 of this chapter, is screened from public view, and complies throughout its operational life with the city's noise regulations set forth in title 5, chapter 1, article 2 of this code;
N. Elevators and elevator enclosures, provided the following criteria are met:
1. The subject residence is not a newly constructed building. "Newly constructed building" shall mean a building that has been constructed within the past five (5) years or remodeled more than fifty percent (50%) during the past five (5) years as described in section 10-3-4100 of this chapter.
2. The length of the encroachment measured parallel to the property line does not exceed seven feet (7'), except that for lots located north of Santa Monica Boulevard a minor accommodation permit may be issued to allow a greater length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on:
a. The scale and massing of the streetscape,
b. Neighbors' access to light and air,
c. Neighbors' privacy, and
d. The garden quality of the city.
3. The aggregate length of the encroachment of the elevator and elevator enclosure together with a fireplace encroaching into the same setback, pursuant to subsection F of this section, does not exceed thirteen feet (13'), except pursuant to a minor accommodation permit issued pursuant to subsection N2 of this section.
4. The encroachment is not closer than three feet (3') from the front of the building.
5. The elevator and elevator enclosure does not have any windows.
6. Noise generated by the elevator complies with city noise regulations set forth in title 5, chapter 1, article 2 of this code.
7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design.
8. The encroachment into the setback does not exceed the following, provided that a minimum setback of three feet (3') shall be maintained in all cases:
a. Thirty inches (30"), or
b. Sixty inches (60") if a minor accommodation permit pursuant to article 36 of this chapter is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on:
(1) The scale and massing of the streetscape,
(2) Neighbors' access to light and air,
(3) Neighbors' privacy, and
(4) The garden quality of the City.
O. For single-family properties south of Santa Monica Boulevard subsection 10-3-2406B of this article shall control allowable encroachments in the nine foot (9') setback.
Notwithstanding any other provision of this section, a passageway or access for emergency services shall extend for the length of the entire site area from the front lot line to the rear lot line. Such passageway or access shall be a minimum of three feet (3') in width and shall be free of any obstruction, except that a wall, fence or hedge otherwise permitted by the provisions of this chapter may be placed along the rear lot line and a gate may be placed across such passageway or access behind the front yard.
(Ord. 14-O-2669, eff. 12-5-2014; amd. Ord. 16-O-2718, eff. 1-20-2017; Ord. 17-O-2723, eff. 2-10-2017; Ord. 18-O-2755, eff. 7-20-2018; Ord. 19-O-2795, 12-10-2019)