A. Area of land developed to multiple dwellings considered as constituting a single lot:
For the purposes of this section, any area of land -- whether a single lot, a combination of lots, or un-subdivided acreage -- which is developed to multiple dwellings under the standards required in this chapter shall be considered as constituting a single lot, and the component lots or parcels of land constituting the lot shall be considered as parts of a whole.
B. Lots shall be combined when a building is proposed over two or more lots:
When a building is proposed over two or more lots, the lots shall be combined as prescribed in Title 16 of this code.
C. Usable open space:
1. "Usable open space" means an open area or recreational facility designed and intended for outdoor living and/or recreation. Common usable open space shall not exceed a grade of 20 percent, shall have a minimum dimension of at least ten feet, and may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains.
2. Open space that does not meet the above requirements but provides visual relief, such as landscaped slopes and planter areas -- and in the R-1 and R-1P zones only, private individual driveways -- may be counted on a one-for-three basis in meeting up to one-third of the common usable open space requirement. Water-oriented visual amenities such as lakes and streams may be counted on a one-for-one basis but shall be included in the same one-third limitation for visual open space.
3. Areas underneath external stairways shall not be counted as common usable open space. Inaccessible or partially enclosed areas under building overhangs, second floor decks or patios may be counted as common usable open space, subject to the approval of the Director of Development Services.
4. Common usable open space shall not include any portion of off-street parking space, driveways (except in the R-1 and R-1P zones), turnaround areas, the required street setback area, or any accessory building or roof tops, except those portions thereof used for outdoor living or recreational purposes.
D. View clearance:
1. No structure or landscaping shall be placed within a "cut-off" area, as defined in this subsection in a manner that obstructs a clear view of traffic.
a. In the case of a lot at the intersection of two streets, the cut-off area is a triangle with one point at the intersection of the street lines (or their prolongations) and the other points located 15 feet from that point along each of the street lines (see Figure1).
Figure 1
Vision clearance for street-to-street condition
Vision clearance for street-to-street condition
b. In the case of a lot located at the intersection of a street and an alley, the cut-off area is a triangle with one point at the intersection of the street and alley lines (or their prolongations), one point 15 feet from that point along the street line, and the other point ten feet from the origin point along the alley line (see Figure 2).
Figure 2
Vision clearance for street-to-alley condition
Vision clearance for street-to-alley condition
c. For a driveway located in a side yard of a corner lot, the cut-off area is comprised of two triangular areas on either side of the driveway (see Figure 3). The triangles shall originate at the intersections of the side lot line and either side of the driveway, and project 15 feet from those origin points along both the side of the driveway and the side yard line.
Figure 3
Vision clearance for driveway-to-street condition
Vision clearance for driveway-to-street condition
2. The Planning Commission may hold a public hearing pursuant to Chapter 15.76 of this title to consider and to issue orders for a property owner to remove any obstruction from any cut-off area that creates a condition that is found to be dangerous to the safety of drivers and occupants of vehicles or to pedestrians.
E. Front yard setback on cul-de-sac:
The front yard setback on a cul-de-sac shall be measured from the closest point of the cul-de-sac and shall be one-half of the setback prescribed by the residential zone classification of the subject property.
F. Setbacks on through lots:
The front yard setback required by the underlying zone shall apply on both street frontages of a through lot, except that fences no more than eight feet in height, non-habitable buildings, and detached accessory structures are permitted at the rear yard property line of a through lot that has an R-1, R-1P, R-2 or R-2P zone, when all vehicular access rights on that street frontage side have been dedicated to the city or have been restricted by parcel map, site plan, or tract map.
G. Features that may encroach into a setback:
1. Fireplace structures not wider than eight feet, bay windows, and eave overhangs that are incorporated as part of a roof may encroach into a required setback to a maximum of 18 inches.
2. Mechanical equipment such as air conditioning units and hot water heaters may encroach into a side and rear yard setback but are subject to noise restrictions as provided in Chapter 15.90 of this title.
3. Landscaping, including trees, hedges or shrubs of any height, may be planted within a required side or rear setback area that is not within a cut-off area as defined by Subsection 15.17.040.D. Within a front yard setback, when not within a cut-off area as defined by Subsection 15.17.040.D, landscaping of any height is permitted, except that continuous hedges over three feet in height are not permitted.
H. Acoustic analysis required:
All residential developments proposed within a projected annual CNEL contour (as defined in Title 4, Subchapter 6 of the California Administrative Code) of 60 dB(A) or greater (as indicated in the Fullerton General Plan Community Health and Safety Element) shall require an acoustical analysis (as defined in Title 25, Chapter 1, Article 4 of said Administrative Code) demonstrating and certifying that all required usable open space areas other than visual open space shall be provided with noise-mitigating measures sufficient to reduce the noise levels therein to 60 dB(A) CNEL. The Planning Commission, Redevelopment Agency or City Council, as appropriate, may approve projected exterior levels of not to exceed 65 dB(A) CNEL for areas where the acoustical analysis demonstrates that achieving a level of 60 dB(A) CNEL is clearly not feasible.
(Ord. 2982, 2001).