Chapter 16.16
RESIDENTIAL DISTRICTS

Sections:

16.16.010    Purpose and intent.

16.16.020    Residential development districts.

16.16.030    Use regulations for residential districts.

16.16.040    Residential site development standards.

16.16.050    Corridor residential design guidelines.

16.16.051    Security systems.

16.16.010 Purpose and intent.

The general plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies, assuring the availability of a wide range of residential housing opportunities and dwelling unit types, which will meet the needs of present and future Highland residents of all socioeconomic groups as set forth in the city’s general plan housing element.

It is the further intent of this chapter to: ensure adequate light, air, privacy, and open space for each dwelling; minimize traffic congestion and avoid the overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the land area around them; protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and to facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements. (Ord. 362 § 4, 2011; Ord. 171 § 4.10, 1994)

16.16.020 Residential development districts.

A. Agricultural Equestrian (A/EQ) District. The primary purpose of the Agricultural Equestrian District is to provide for and protect a rural atmosphere and lifestyle. This district is intended as an area for development of low density, large lot, single-family detached residential dwelling units at a maximum allowable density of two dwelling units (DUs) per gross acre.

B. Single-Family (R-1) District. The primary purpose of the R-1 District is to provide for and protect the atmosphere and lifestyle associated with the detached, single-family residential neighborhoods. The district is intended as an area for the development of single-family residential, small lot single-family detached, and mobilehomes at a maximum allowable density of six DUs per gross acre. The district further establishes minimum parcel sizes of 7,200, 10,000, 15,000, and 20,000 square feet for specific areas as delineated on the zoning map.

C. Two-Family (R-2) District. The primary purpose of the R-2 District is to provide for a range of housing choices for residents in a more urban setting. The R-2 District provides for residential development including small lot single-family detached, single-family attached, and multifamily residential uses and mobilehomes, at a maximum allowable density of 12 DUs per gross acre.

D. Corridor Residential (R-2C) District. The primary purpose of the R-2C District is to provide for the development of housing opportunities along the city’s arterial corridors. The R-2C District permits small lot single-family detached, single-family attached, and multifamily residential uses at a maximum allowable density of nine DUs per gross acre.

E. Multifamily (R-3) District. The primary purpose of the R-3 District is to provide for the development of multifamily attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of 18 DUs per gross acre.

F. Multifamily (R-4) District. The primary purpose of the R-4 District is to provide for the development, by right, of multifamily attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a minimum density of 20 DUs per gross acre and a maximum density of 30 DUs per gross acre.

G. Residential High Density Special Overlay (HDS). The primary purpose of the Residential High Density Special Overlay is to provide ample opportunity for the construction, by right, of higher density multifamily housing as part of a larger mixed use community, bringing multifamily housing residents closer to retail, office, and restaurant uses. The HDS Overlay District would permit the construction, by right, of up to 650 high density multifamily housing units that have the potential to meet the city’s Regional Housing Need Assessment (RHNA) as set forth in the 2006 – 2014 housing element of the general plan. Density in the HDS Overlay District would be permitted by right at least 20 but not greater than 30 units per acre. The R-4 development standards are applicable to residential uses in the HDS Overlay District or as amended by the city from time to time. After 650 units are constructed in the HDS Overlay District following the effective date of the ordinance codified in this section, any further construction of HDS Overlay units shall be approved in accordance with HMC 16.12.010.

H. Village Residential (VR) District. The primary purpose of the Village Residential District is to preserve and enhance the character of the historic townsite, while permitting new development and the rehabilitation and reuse of existing structures. The intent of the district is to permit development which is consistent and compatible with the existing historical environment. Maximum allowable density is six DUs per gross acre. Development intensities of permitted nonresidential land uses will complement the existing development.

I. East Highland Village (EHV) District. The primary purpose of the East Highland Village District is to provide and protect the atmosphere and lifestyle associated with the citrus laborer housing of Highland’s recent past. This district is intended as an area for small lot single-family residential detached housing with a maximum allowable density of six DUs per gross acre. The district further establishes a minimum parcel size of 5,000 square feet and does not allow for existing parcels within the zoning district that are larger than 5,000 square feet to be subdivided.

J. Residential Densities. With the exception of high density residential units constructed by right in the HDS Overlay District, the actual density which may be attained in a residential district shall be determined by the residential land development review process and public hearings as described in Chapters 16.04 and 16.08 HMC. The planning commission, city council, and community development director shall have the authority to reasonably condition proposed residential development to ensure that appropriate transitions are provided and that the proposed development is compatible with adjacent residential development, both existing and proposed. (Ord. 433 § 2, 2019; Ord. 362 § 5, 2011; Ord. 339 § 2, 2009; Ord. 307 § 14, 2006; Ord. 286 § 1, 2003; Ord. 171 § 4.20, 1994)

16.16.030 Use regulations for residential districts.

A. Identified on Table 16.16.030.A are those land uses or activities which may be permitted in each of the residential zone districts, subject to the provisions of this chapter, this title and applicable general plan policies, and those land uses and activities which are not permitted. Table 16.16.030.A also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the residential zone districts.

1. Where the symbol “” appears in the column beneath a residential district, the corresponding land use or activity is not permitted in the zone district.

2. Where the symbol “P” appears in the column beneath a residential zone district, the corresponding land use or activity is permitted by right in that district; provided, that the use is in conformance with the provisions of this title.

a. Permitted uses shall be subject to the consistency assessment, which shall determine the conformance of the proposed use or activity with the provisions of this title in conjunction with, and as a requirement of, the issuance of a permit by any city department.

3. Where the symbol “SR” appears in the column beneath a residential district designation, the corresponding land use or activity may be permitted subject to the approval of a staff review permit application processed in conformance with the procedures as provided for in Chapter 16.08 HMC.

4. Where the symbol “C” appears in the column beneath a residential zone designation, the corresponding land use or activity may be permitted subject to the approval of a conditional use permit application processed in conformance with the procedures as provided for in Chapter 16.08 HMC.

 

Table 16.16.030.A

Uses Permitted Within Residential Districts 

 

A/EQ

R-1

R-2

R-3

R-4

HDS

VR

R-2C

EHV

A. Residential Uses

 

 

 

 

 

 

 

 

 

1. Single-family detached

P

P

SR

P

SR

P

(2-4 dwellings per parcel)

C

SR

SR

C

(5+ dwellings per parcel)

C

C

SR

C

Accessory dwelling unit (shall comply with the provisions of HMC 16.44.180)

P

P

P

P

P

P

P

P

P

2. Single-family attached (duplex, triplex, fourplex)

C

SR

SR

3. Multiple-family attached

C

C

SR

SR

C

Maximum 650 units (units constructed after 650 shall comply with HMC 16.12.010

 

 

 

 

 

SR

 

 

 

4. Mobilehome subdivisions

SR

SR

C

C

5. Mobilehome parks

C

C

C

6. Boarding/rooming houses (7 or more residents)

C

C

C

C

C

7. Senior independent living

SR

SR

C

C

C

C

SR

C

SR

8. Board and care facilities (7 or more residents)

C

C

C

C

C

9. Senior congregate care, assisted living

C

C

C

C

C

10. Convalescent care

C

C

C

C

C

11. Bed and breakfast inns

C

C

C

C

C

C

C

C

C

12. Supportive and transitional housing

SR

SR

C

C

C

C

SR

C

SR

B. Commercial Uses

 

 

 

 

 

 

 

 

 

1. Hotels, motels

C

C

2. Equestrian centers, riding academies, commercial stables

C

3. Massage establishments1

C. Public/Quasi-Public Uses

 

 

 

 

 

 

 

 

 

1. Day nurseries, nursery schools, child care facilities per state law

 

 

 

 

 

 

 

 

 

a. (14 or fewer children)

SR

SR

SR

SR

SR

SR

SR

SR

SR

b. (more than 14 children)

C

C

C

C

SR

SR

C

C

C

2. Post office branch

3. Community facilities and religious institutions

C

C

C

C

C

C

C

4. Educational institutions

C

C

C

C

C

C

C

5. Fire and police stations

C

C

C

C

C

C

C

6. Public libraries and museums

C

C

C

C

7. Public parks and recreation

SR

SR

SR

SR

SR

SR

SR

8. Public utility and public service substations, reservoirs, pumping plants, and similar installations not including public utility offices

SR

SR

SR

SR

C

SR

SR

9. Recreational facilities (e.g., country clubs, tennis and swim clubs, golf courses), including limited commercial uses which are commonly associated and directly related to the primary use

C

C

C

C

SR

SR

C

C

C

D. Home Based Businesses (subject to the provisions of HMC 16.44.140, and the issuance of a home based business permit)

P

P

P

P

P

P

P

P

P

E. Temporary Uses (subject to the provisions of HMC 16.08.120, and the issuance of a temporary use permit)

P

P

P

P

P

P

P

P

P

F. Accessory Uses

 

 

 

 

 

 

 

 

 

1. Wireless telecommunication facility

 

 

 

 

 

 

 

 

 

a. Major

b. Minor

SR

SR

SR

SR

SR

SR

SR

SR

SR

2. Antenna, satellite dishes

SR

SR

SR

SR

SR

SR

SR

SR

SR

3. Guest quarters/second unit

SR

SR

SR

SR

SR

4. Private garage

SR

SR

SR

SR

SR

SR

SR

SR

SR

5. Private swimming pool, tennis court

SR

SR

SR

SR

SR

SR

SR

SR

SR

6. Recreational vehicle storage yard (ancillary to main use)

C

C

SR

SR

7. Feed and tack stores accessory to commercial stables

C

8. Dormitories accessory to educational institutions

C

C

C

C

C

C

C

C

C

9. Other accessory uses and structures located on the same site as a permitted use

P

P

P

P

P

P

P

P

P

10. Other accessory uses and structures located on the same site as a use subject to staff review permit

SR

SR

SR

SR

SR

SR

SR

SR

SR

11. Other accessory uses and structures located on the same site as a use subject to a conditional use permit

C

C

C

C

C

C

C

C

C

G. Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use, as determined by the planning commission

P

P

P

P

P

P

P

P

P

Legend

    Not permitted in this district

P    Permitted subject to consistency assessment

SR    Permitted subject to approval of a staff review permit application

C    Permitted subject to approval of a conditional use permit application

1 Massage therapists and massage practitioners, as those terms are defined in HMC 5.16.020, are permitted to perform outcall massage services in clients’ residences so long as they have obtained a city business license, and comply with the relevant requirements of Chapter 5.16 HMC.

B. Special Use Regulations.

1. Animals Within Residential Districts. It is the general intent of the city to permit the keeping of animals within the city without the creation of a nuisance to surrounding residents and visitors. Animals that may be kept within residential districts are identified in HMC 16.44.040. Animals not listed in said section may be permitted in residential districts subject to city review and confirmation that a nuisance condition will not be created.

All animals, excluding household pets, shall be kept a minimum distance of 50 feet from any street; 20 feet from any property line; and 40 feet from any adjacent dwelling, school, hospital or religious institution located on any adjoining site. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine horses shall conform to this requirement. (Ord. 433 § 3, 2019; Ord. 427 § 5, 2018; Ord. 394 § 8, 2014; Ord. 376 § 6, 2013; Ord. 362 § 6, 2011; Ord. 339 § 3, 2009; Ord. 318 § 6, 2007; Ord. 307 §§ 15, 16, 17, 2006; Ord. 286 § 2, 2003; Ord. 270 § 5, 2001; Ord. 267 § 3, 2001; Ord. 171 § 4.30, 1994)

16.16.040 Residential site development standards.

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective residential districts.

A. General Requirements. Table 16.16.040.B sets forth minimum site development standards for residential development projects.

 

Table 16.16.040.B

Residential Site Development Standards 

 

A/EQ

R-1

R-2

R-3

R-4

HDS

VR

R-2Cm

EHV

1. Maximum density (DUs per gross acre)

2.0

6.0

12.0

18.0

Min. 20

Max. 30

Min. 20

Max. 30

6.0

9.0

6.0

2. Minimum building site (net area in sq. ft.)

20,000

7,200

7,200

10,000

1 acre

1 acre

7,200

1 acrea

5,000b

3. Minimum lot widthc

100 ft.

60 ft.

60 ft.

100 ft.d

None

See R-4

60 ft.

22 ft.

50 ft.

4. Minimum lot depth

120 ft.

100 ft.

100 ft.

100 ft.

None

See R-4

100 ft.

40 ft.

100 ft.

5. Minimum front yard setback

35 ft.e

25 ft.f

20 ft.

25 ft.

25 ft.g

See R-4

15 ft.

15 ft. at any given point, but an avg. minimum of 20 ft.

19 ft.

6. Minimum interior side yard setbackh

10% of lot width

5 ft. and 10 ft.

5 ft. and 10 ft.

10 ft. – 15 ft.

15 ft.g

See R-4

An aggregate of 15 ft. compatible with adjacent setbacks of existing surrounding building(s). Any setback less than 3 ft. is subject to additional requirements of California Building Code

0 ft. for attached units and 3 ft. for detached units

10% of lot width

7. Minimum street side yard setbackh

15% of lot width

15 ft.

15 ft.

20 ft.

15 ft.g

See R-4

15 ft.

15 ft. at any given point, but an avg. minimum of 20 ft.

10 ft.

8. Minimum rear yard setbacki

35 ft.

20 ft.

20 ft.

15 ft. – 20 ft.

15 ft.

See R-4

20 ft.

10 ft. for 1- or 2-story units

10 ft.

9. Maximum lot coverage

30%

40%

40%

60%

None

See R-4

30%

40%

30%

10. Maximum height for buildings and structures

35 ft. or 2-1/2 stories, whichever is greater

55 ft. (4 stories and loft)

See R-4

Compatible with the height of surrounding buildings

35 ft. or 2 stories, whichever is greater

35 ft. or 2 stories, whichever is greaterj

11. Minimum distance between buildings (including main dwellings and accessory structures)k

15 ft.

10 ft.

10 ft.

15 ft.

Refer to the building codes

See R-4

10 ft.

0 ft. for attached units and 3 ft. for detached units

10 ft.

12. Minimum dwelling unit size in square feetl

800

800

800

800

Studio: 425

1 bedroom: 650

2 or more bedroom: 800

See R-4

800

800

800

Notes:

a.    Parcels smaller than one acre in size may be developed if they cannot be consolidated with adjacent parcels and are either:

i.    Bordered on all sides by developed property or undeveloped property that is zoned for non-Corridor Residential (R-2C) uses; or

ii.    Bordered on three sides by roadways.

b.    Lots may only be merged to meet minimum requirements. However, no lots shall be subdivided to meet minimum standards.

c.    Width measurements for cul-de-sac or otherwise odd-shaped lots shall be determined on the basis of the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

d.    Each corner lot shall have a width of not less than 110 feet.

e.    The minimum front yard setback from private streets within the A/EQ District shall be 65 feet measured from the centerline of said street.

f.    The minimum front yard setback from private streets within the R-1 District shall be 55 feet, measured from the centerline of said street.

g.    The minimum front yard and side street setback from the public right of way shall be 25 and 15 feet respectively or as determined by the planning commission.

h.    Except for development in the Corridor Residential (R-2C) District and East Highland Village (EHV) District, a minimum 10-foot setback shall be maintained for all two-story or greater elements. Side yards must have a minimum flat area of five feet in width. Rear yard must be flat and usable. Wherever R-4 units abut properties designated R-1 District, a landscaped setback equal to the R-4 building height shall be required to a maximum of 25 feet or lesser amount as determined by the planning commission and shall be designed in a manner to reduce the mass of the buildings adjacent to property in the R-1 District. Refer to HMC 16.16.040(E) for additional provisions within the Multifamily (R-4) District.

i.    A minimum of 15 feet of flat, usable area shall be provided. However, for development in the Corridor Residential (R-2C) District and East Highland Village (EHV) District, a minimum of 10 feet of flat, usable area shall be provided. Rear yards in excess of the minimum required may be sloping and shall comply with the provisions of the California Building Code and normally accepted grading practices.

j.    Design of two-story unit buildings or additions within the East Highland Village (EHV) District shall be in compliance with HMC 16.16.040(F), East Highland Village Design Guidelines.

k.    Within a planned development, building separations may be reduced to zero feet; provided, all requirements of the building and fire codes are met, and subject to review and approval of the fire marshal and building official.

l.    One-bedroom units shall be a minimum of 800 square feet.

Two-bedroom units shall be a minimum of 1,000 square feet.

Three-bedroom units shall be a minimum of 1,200 square feet.

Four-bedroom units shall be a minimum of 1,400 square feet.

m.    Expansion of existing legal nonconforming commercial uses within the R-2C District in accordance with HMC 16.08.150, Nonconforming parcels, uses and structures, apply development standards as approved by the planning commission.

B. Special Residential Development Standards.

1. In any residential district, front yard setbacks of individual lots in subdivision developments may be reduced by 20 percent, provided the average of all such setbacks is not less than the minimum required for the district.

2. In any residential district, a two-story building or two-story room addition closer than 50 feet to an existing single-family residence shall require approval of a staff review permit prior to the issuance of a building permit. In the R-2C District, a two-story building or two-story room addition closer than 30 feet to an existing single-family residence shall require approval of a staff review permit prior to the issuance of a building permit.

3. In all residential districts, air conditioners, heating, cooling, ventilating, pool, spa or sauna equipment and all other mechanical, lighting or electrical devices shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents and shall be screened from surrounding properties and streets. Additionally, no such equipment, with the exception of ground-mounted air conditioning, shall be located in the required front yard setback, street side yard setback, or closer than 10 feet to any residential dwelling on adjacent properties. All equipment shall be installed and operated in accordance with all other applicable city ordinances and shall be subject to approval by the community development director prior to installation.

4. In R-1, R-2, R-2C, and R-3 and R-4 Districts, for development of five or more dwelling units, required front and street side yards shall be landscaped and shall consist predominantly of drought-tolerant plant materials (in accordance with the city’s water efficient landscaping provisions) except for necessary walks, drives and fences.

5. In the R-2 and R-2C Districts, a minimum of 35 percent of the site area exclusive of private patio yards and areas shall be landscaped and provided with an automatic underground irrigation system. The required landscaping shall include required setback areas and may include outdoor recreation areas.

6. In the R-2C District, projects shall provide landscaping and streetscape design consistent with the city’s streetscape plans. Applicants shall submit a landscaping plan in conjunction with the site plan in all stages of the development review process.

7. In the R-2C District, the minimum building site, lot width, lot depth, setbacks, lot coverage, and distance between buildings may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. Any variation from the above standards shall be subject to the approval by the planning commission of an application for a conditional use permit. The application shall be processed pursuant to Chapter 16.08 HMC.

8. In the R-2C District, proposed projects may not render a parcel outside of the project area in such a way that would prevent the parcel from satisfying the minimum development standards.

9. In the R-2C district, projects smaller than one acre in size that are permitted to develop because they match the conditions cited in Note (a) of Table 16.16.040.B and are adjacent to developed R-2C land shall be developed at a similar scale as the development on the adjacent land. Additionally, pedestrian and vehicular circulation should be compatible with that of the developed land.

C. Additional Standards for Condominium, Townhouse, and Apartment Developments.

1. Assigned parking within for-sale projects, including condominium conversions, shall be provided within 150 feet of the front entrance of the dwelling unit for which it serves.

2. Within for-sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.

3. Each dwelling unit shall be provided with a minimum of 200 cubic feet of secure exterior storage space.

4. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

5. All common walls and floors shall have a maximum impact and sound transmission class (STC) of 50 (45 if field tested) that meets or exceeds the building codes and standards.

6. All separating floor/ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an impact insulation class (IIC) of 50 (45 if field tested) that meets or exceeds the building codes and standards.

7. All condominium and condominium conversion projects shall meet or exceed the regulations set forth in the fire and building codes for required fire separations.

8. For all condominium conversions, a set of original construction plans shall be submitted as a part of the initial application for conversion.

9. For all condominium conversions, an on-site inspection shall be made by the building department, the city engineer, the fire department, and the community development department to determine if the design criteria set forth in this section has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.

10. Landscaped areas within attached residential developments shall be provided with an automatic irrigation system.

11. All trash and garbage collection areas within attached residential developments shall be surrounded on at least three sides by a five-foot adequately screened wall, and shall have adequate access for collection vehicles.

12. Provision for laundry facilities shall be included within each dwelling.

13. Where a multiple-family dwelling, including incidental or required accessory uses, abuts property in a Single-Family District, a masonry wall six feet in height and screen landscaping at least five feet in width shall be provided and maintained between such uses and the Single-Family District.

D. Additional standards for condominium, townhouse, and apartment developments within the R-3 Residential District include the following:

1. Minimum Area and Dimensions of Lots.

a. Each corner lot or parcel shall have a width of not less than 70 feet at the building setback line, a depth of not less than 100 feet and a net area of not less than 10,000 square feet.

b. Where a minimum area requirement greater than the minimum permitted in a district is requested and established, it shall be designated by a number following the district designation symbol, numbers less than 100 indicating minimum square feet (in hundreds) of area required.

c. Each lot or parcel on a dead-end street, cul-de-sac or on a curved street, where the side property lines thereof are diverging from the front to the rear of such lot or parcel, shall have a width of not less than 60 feet, measured along the building setback line established by the required front yard for the main building between the side property lines of such lot or parcel.

d. Each lot or parcel on a curved street where the side property lines thereof are converging from the front to the rear of such lot or parcel shall have an average width of not less than 60 feet.

e. Where a lot or parcel has less than 4,500 square feet of area, and was of record at the time the ordinance adopting this section became effective, said lot may be used or built upon, provided the development otherwise conforms to the requirements of this title.

f. Where a lot has less area than herein required, but not less than 4,500 square feet, and was of record at the time the ordinance adopting this section became effective, or said lot has been created by court decree or by request, said lot may be used or built upon, provided the development otherwise conforms to the requirements of this code.

2. Yards and Setbacks.

a. The planning commission and/or city council may require a greater setback as part of a precise plan of design due to the size, scale, width or length of a building and its relationship to the street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

b. For buildings greater than one story in height, the second floor and above shall be set back a minimum of 35 feet from the ultimate right-of-way.

c. No portion of any building may protrude into the front setback.

d. The front yard setback area shall not be used for parking or access purposes, except where standard-width driveways must traverse such areas.

3. Side and Rear Yards.

a. For buildings greater than one story in height, the second floor and above shall be set back a minimum of 15 feet from the side or rear property lines.

b. In the case of a dwelling structure which is designed with a patio above the first floor level, such patio shall only be permitted to extend a maximum of six feet into the required side or rear yard setback area provided the remaining distance between the patio and the property line is at least 10 feet.

c. The required side or rear yard setback area may be used for patio purposes.

d. The front yard setback, as well as the side yard setback area when adjacent to a street, shall not be used for parking or access purposes, except where standard-width driveways must traverse such yards.

e. When main buildings are to be constructed at the front setback line and the side property line is adjacent to a street, an average side yard setback of 20 feet may be permitted. In this case, one-half of the linear footage of the building may encroach a maximum of five feet into the respective side yard setback area. The remaining one-half of the linear footage of the building shall be set back at a distance that will result in the building having an average setback of 20 feet.

f. When main buildings, two stories or greater in height, are to be constructed at the front yard setback line and the side property line is adjacent to a public street, a minimum of 35 feet side yard setback shall be provided.

g. The side and rear yards, when not adjacent to a street, may be used for driveway purposes. A landscaped area, minimum five feet in width, shall be provided on both sides of the driveway for its entire length.

4. Specific Development Standards.

a. Parking Requirements.

i. Each dwelling unit shall be provided with two parking spaces within a fully enclosed garage. Emphasis should be made to locate the garage adjacent to the unit being served; provided however, the garage, if not adjacent to the unit served, shall be located within 150 feet of the dwelling unit it is designed to serve. All spaces shall maintain a minimum inside dimension of 10 feet in width and 20 feet in length.

ii. Guest Parking. One parking space for each two dwelling units shall be provided for guest parking. Guest parking spaces shall be distributed throughout the development site. Such guest parking areas shall be conveniently located and may be uncovered.

iii. On-street parking shall not be used to satisfy any of the above parking requirements.

iv. Automatic garage door openers shall be required for each garage.

v. Tandem parking shall not be permitted.

b. Landscaping.

i. All required front, side and rear yards shall be landscaped with drought-resistant trees, shrubs and ground cover.

ii. All landscaping shall be provided with a permanently maintained irrigation system.

c. Open Space. Each development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

i. Outdoor open space shall comprise not less than 40 percent of the net acreage. Public or private driveways, parking spaces, or other areas designed for operational functions are not considered open space. These open spaces may include game courts or rooms, swimming pools, garden roofs or grounds, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and required setback areas with dimensions greater than 15 feet. It is the intent of the city to encourage provision of facilities to accommodate children of all ages wherever appropriate.

ii. Private patios or balconies attached to individual dwelling units may be computed as required outdoor open space, provided the minimum dimension is at least 10 feet and the minimum area is 150 square feet.

iii. The gradient or slope of all required outdoor living space shall not be greater than five percent in any direction except when grade variations are used as landscape features which do not interfere with proper drainage of the site.

iv. Swimming pools with related deck areas, wading pools, fish ponds, volley ball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than 50 percent of the required outdoor living space.

v. Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

d. Private Open Space. Each dwelling unit shall have a minimum private open space of 150 square feet with a minimum dimension of 10 feet. For units designed above the ground units, one or two balconies, with a combined minimum area of 100 square feet, shall be provided.

e. Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval and shall be developed with a combination of the following development standards:

i. A public sidewalk system shall be developed adjacent to all public streets with a minimum width of five feet in accordance with city standards.

ii. The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet. Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the city.

f. Security Fencing. Security fencing shall be installed around the perimeter of the site. Maximum height shall be six feet, except within the required front street or side street the maximum height shall be four feet.

g. Laundry Facilities. Laundry facilities including washers and dryers shall be installed within each residential unit.

h. Lighting. All garages, walkways, and driveways shall be lighted during the hours of darkness as follows:

i. Garages. At least one 60-watt light for each two spaces, located inside the garage;

ii. Walkways from Parking Areas to Dwelling Units. One 100-watt light per 35 linear feet of walkway;

iii. Driveways and Alleys. One 100-watt light per 50 linear feet of alley or driveway; and

iv. Fixtures for all lights shall be of the type that are protected from breakage.

i. Trash Collection Areas. Trash collection areas shall be provided within 200 feet of the furthest unit they are to serve; such storage area shall be situated so as to eliminate noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures.

j. Wood Shingle Roofs Prohibited. No roof surface shall be constructed using wood shingles.

k. Security Devices. Each door providing ingress and egress to any dwelling unit subject to this chapter shall be equipped with the following devices:

i. A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

ii. A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this chapter.

l. Maximum Number and Dimension Connecting Units. No more than eight units for single-story and 16 units for two-story structures may be connected together. Each building may not exceed 200 feet in any direction.

m. Bedrooms. Bedrooms shall have a minimum of 108 square feet (nine feet by 12 feet), excluding any closet space.

n. Fire Sprinklers. Fire sprinklers shall be installed in all living and garage areas.

E. Additional standards for apartment development within the R-4 Residential District include the following:

1. Yards and Setbacks.

a. The planning commission and/or city council may require a greater setback as part of a precise plan of design due to the size, scale, width or length of a building and its relationship to the street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

b. The front yard setback area shall not be used for parking or access purposes, except where standard-width driveways must traverse such areas.

2. Side and Rear Yards.

a. In the case of a dwelling structure which is designed with a patio above the first floor level, such patio shall only be permitted to extend a maximum of six feet into the required side or rear yard setback area provided the remaining distance between the patio and the property line is at least 10 feet.

b. The required side or rear yard setback area may be used for patio purposes.

c. When main buildings are to be constructed at the front setback line and the side property line is adjacent to a public street (i.e., public right-of-way), an average side yard setback of 20 feet may be permitted. In this case, one-half of the linear footage of the building may encroach a maximum of five feet into the respective side yard setback area. The remaining one-half of the linear footage of the building shall be set back at a distance that will result in the building having an average setback of 20 feet.

d. When main buildings, two stories or greater in height, are to be constructed at the front yard setback line and the side property line is adjacent to a public street (i.e., public right-of-way), a minimum of 35 feet side yard setback shall be provided.

e. The side and rear yards, when not adjacent to a street, may be used for driveway (drive aisles) purposes. A landscaped area, minimum five feet in width, shall be provided on both sides of the driveway (drive aisles) for its entire length.

3. Specific Development Standards.

a. Parking Requirements.

i. On-street parking (i.e., public right-of-way) shall not be used to satisfy any of the above parking requirements.

ii. Automatic garage door openers shall be required for each garage.

iii. Tandem parking shall not be permitted unless reviewed and approved by the planning commission.

b. Landscaping.

i. All required front, side and rear yards shall be landscaped with drought-resistant trees, shrubs and ground cover (in accordance with the city’s water efficient landscaping requirements).

ii. All landscaping shall be provided with a permanently maintained irrigation system.

c. Open Space. Each development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

i. Outdoor open space shall comprise not less than 30 percent of the net acreage (net acreage as defined in Chapter 16.06 HMC). The planning commission may vary the percentage of net acreage required to meet outdoor open space requirements in unique circumstances to avoid an unusual hardship, but in no event will the outdoor open space provided be less than 25 percent of the total acreage. Water quality management plan facilities (unless that facility is underground and could support recreational and leisure activities), public or private driveways, parking spaces, or other areas designed for operational functions are not considered open space. These open spaces may include game courts or rooms, swimming pools, garden roofs or grounds, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and required setback areas with dimensions greater than 15 feet. It is the intent of the city to encourage provision of facilities to accommodate children of all ages wherever appropriate.

ii. The gradient or slope of all required outdoor living space shall not be greater than five percent in any direction except when grade variations are used as landscape features which do not interfere with proper drainage of the site.

iii. Swimming pools with related deck areas, wading pools, fish ponds, volleyball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than 50 percent of the required outdoor living space, unless approved by the planning commission.

iv. Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

d. Private Open Space. Each dwelling unit shall have a minimum private open space of 150 square feet with a minimum dimension of 10 feet. For units designed above the ground units, one or two balconies, with a combined minimum area of 100 square feet, shall be provided.

e. Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval and shall be developed with a combination of the following development standards:

i. A public sidewalk system shall be developed adjacent to all public streets with a minimum width of five feet in accordance with city standards.

ii. The interior walkway system shall utilize materials such as concrete, brick, flagstone or other materials as approved by the planning commission.

f. Block Wall Fencing. Solid block wall fencing shall be installed around the perimeter of the site or as determined by the planning commission. Maximum height shall be six feet or as determined by the planning commission.

g. Laundry Facilities. Laundry facilities including washers and dryers shall be installed within each residential unit.

h. Lighting. A lighting/photometric plan shall be submitted to the city and reviewed by the planning commission in accordance with this title.

i. Trash/Recycling Collection Areas. A trash and recycling collection plan shall be submitted to the city and reviewed by the planning commission.

j. Wood Shingle Roofs Prohibited. No roof surface shall be constructed using wood shingles.

k. Security Door Devices. Each door providing ingress and egress to any dwelling unit subject to this chapter shall be equipped with the following devices:

i. A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

ii. A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this chapter.

l. Security Cameras.

i. Security system/camera plan shall be submitted to the city and reviewed by the city’s police department in accordance with this title.

m. Noise Reduction (Interior and Exterior Sources).

i. Double framed walls with noise reducing construction materials shall be constructed for all adjoining units and attics.

ii. Noise mitigation measures related to exterior sources shall be determined by recommendations listed within a noise study produced by a certified acoustical engineer.

n. Architectural Form and Massing.

i. In addition to determining the appropriate aesthetic quality of new R-4 developments, where an R-4 development is contiguous to an R-1 District the planning commission shall also determine whether the R-4 development’s architectural elements and massing (such as, but not limited to, the location of balconies, windows, and heights of structure) are appropriate to mitigate potential impacts to adjoining R-1 District uses.

ii. Below are examples of techniques (such as stepping back the height of the units, creating a larger landscaped buffer, and designing single story elements around the development) to reduce potential impacts on surrounding R-1 Districts. These photos are illustrative only and not intended to be definitive solutions related to all R-4 locations.

F. East Highland Village (EHV) Design Guidelines.

1. All units within the East Highland Village Zoning District shall have architectural elements that are compatible and complementary with existing units within the East Highland Village Zoning District. Architectural designs shall be limited to one of the following architectural styles or similar as approved by the city planner:

a. Craftsman Bungalow and California Bungalow. Which include the following design elements: wood, stone, or stucco siding, low-pitched roof, wide eaves with triangular brackets, exposed roof rafters, porch with thick square or round columns, stone porch supports, exterior chimney made with stone, numerous windows, some windows with stained or leaded glass.

b. Mission. Which includes the following design elements: smooth stucco siding, roof parapets, large square pillars, twisted columns, arcade entry porches, round or quatrefoil windows, red tile roofs.

2. All two-story homes or second-story room additions shall be designed to ensure minimal impacts on adjacent parcels of land as noted below.

a. All two-story elements shall be set back a minimum of their height (as measured from nearest adjacent grade) from the front property line or as otherwise deemed acceptable by a flag test or other mechanism as approved by the city planner.

b. All side yard, street side yard, and rear yard setbacks for second-story elements shall be reviewed on a case-by-case basis by the city planner. Additional setback distance may be required to ensure minimal impacts on adjacent parcels of land. Impact can include loss of privacy, loss of views of scenic vistas, and other sight related impacts.

c. All four sides of the two-story element shall have architectural enhancement that complements the East Highland Village Zoning District.

3. All accessory structures shall be architecturally compatible with the existing residential structure on site.

G. In any residential district, all new residential development projects shall be subject to the regulations set forth in Chapter 16.50 HMC. (Ord. 435 §§ 9, 10, 2019; Ord. 362 §§ 7, 8, 9, 2011; Ord. 339 § 4, 2009; Ord. 307 §§ 18 – 21, 2006; Ord. 306 § 3, 2006; Ord. 278 § 3, 2002; Ord. 171 § 4.40, 1994)

16.16.050 Corridor residential design guidelines.

The corridor residential (R-2C) district is intended to provide for housing opportunities along portions of select city arterial corridors. The design goal is to ensure high-quality development that incorporates richly detailed architecture and contributes to an attractive street environment.

A. Facades. Facades of corridor development should be designed to include extensive architectural detailing, and varied surface treatment and rooflines, particularly street-facing side facades, to convey an attractive domestic character. Where housing units are located closer than 20 feet from the arterial corridor right-of-way, projects are encouraged to orient the front entrances of housing units away from the arterial.

B. Streetscape. Projects are encouraged to provide visual continuity along mid-block residential development through landscaped parkways, regularly spaced street trees, and rhythmic variations of residential facades, styles and colors, consistent with the city’s streetscape plans.

C. Pedestrian Connections. Projects should provide highly visible, secure, and well-lit pedestrian connections to nearby retail, transportation, recreation and educational centers, where practical.

D. Access. Projects should reduce the visual impact of parking through consolidated parking arrangements, shared driveway access, alley-loaded designs, and landscape buffers. Projects should avoid direct access from Base Line. Instead, access should be provided from adjacent streets or, if along Base Line, through a drive aisle leading to an alley at the rear of the project site.

Where alley loading is not feasible, curb cuts should be minimized by incorporating shared driveways and locating parking behind residences. Decorative, colored pavement, stamped concrete, brick or composite material for shared driveways and alleys is encouraged to reinforce the residential character of the project and neighborhood.

E. Walls. Projects are encouraged to incorporate visual breaks in appropriately scaled walls and fencing along the corridor to balance privacy needs and noise mitigation with aesthetic impacts. Long continuous blank walls are discouraged. Walls (or other sound attenuation measures) should be designed and treated as architectural elements of the primary structures. (Ord. 307 § 22, 2006)

16.16.051 Security systems.

Special business requirements for security systems are as follows:

A. The establishment of the following permitted uses or any expansion greater than 25 percent of floor space, or increase in the number of units of any of these uses in a residential district, shall be required to install a video monitoring system prior to the issuance of a certificate of occupancy:

1. Hotels, motels.

B. The video monitoring system shall cover all public entrances/exits, cashier areas, lobby areas and/or other public places such as walkways, vending machines and public telephone areas as determined by the chief of police.

C. The video monitoring system and location of all cameras shall be reviewed and approved by the Highland police department prior to installation. Prior to the installation of any video monitoring system the business owner, or representative, shall confer with the Highland police department to determine the appropriate location and that the system provides sufficient recording capability and film quality to provide adequate security and monitoring purposes.

D. Any person aggrieved by a decision of the chief of police with respect to the location and system requirements for a video monitoring system shall have the right to appeal that decision to the city council, pursuant to HMC 1.16.020. (Ord. 307 §§ 23, 24, 2006; Ord. 243 § 3, 1999. Formerly 16.16.050)