Chapter 16.40
GENERAL DEVELOPMENT STANDARDS

Sections:

16.40.010    Purpose and intent.

16.40.020    Applicability.

16.40.030    Accessory structures.

16.40.040    Animal keeping provisions.

16.40.050    Circulation, transportation, and trails facilities.

16.40.060    Condominiums and condominium conversions.

16.40.070    Conversion of residential structures to nonresidential use.

16.40.080    Dedication requirements.

16.40.090    Development density.

16.40.100    Fences and walls.

16.40.110    Flood control and drainage.

16.40.120    Grading.

16.40.130    Hazardous materials management.

16.40.140    Height limitations.

16.40.150    Improvement standards and plans.

16.40.160    Lighting.

16.40.170    Minimum building sites.

16.40.180    Mobilehome and modular home requirements.

16.40.190    Off-site improvements.

16.40.200    Park and recreation facilities.

16.40.210    Parking requirements.

16.40.220    Permitted uses.

16.40.230    Repealed.

16.40.240    Public access to open space and recreation areas.

16.40.250    Reservation of lands for public facilities.

16.40.260    Reflective material.

16.40.270    Relocated structures.

16.40.280    Screening requirements.

16.40.290    Setback requirements.

16.40.300    Seismic hazards.

16.40.310    Signs.

16.40.320    Soil reports.

16.40.330    Solar energy design.

16.40.340    Storage.

16.40.350    Street lighting and tree planting.

16.40.360    Subdivision design criteria.

16.40.370    Supplemental size of improvements.

16.40.380    Underground utilities.

16.40.390    Water efficient landscape requirements.

16.40.400    Solid waste reuse and recycling regulations.

16.40.410    Airport overlay zone and safety compatibility.

16.40.420    Hillside development.

16.40.430    Repealed.

16.40.440    Scenic resources.

16.40.450    Fire safety regulations.

16.40.460    Repealed.

16.40.470    Transportation control measures.

16.40.480    Video monitoring systems.

16.40.490    Reasonable accommodations.

16.40.500    Cargo container regulations.

16.40.010 Purpose and intent.

It is the purpose and the intent of the general development standards to ensure that new land uses and development will contribute to and be compatible with existing and future development in the surrounding vicinity in a manner which will enhance the quality of life for Highland residents, employers and visitors. Further, that all proposed development is consistent with the goals, policies, objectives and implementation programs of the city general plan.

The standards contained in this chapter are those which apply throughout the city, in each district and, as appropriate, for all land uses and development. Rather than repeating these regulations and standards throughout this code, they have been compiled in this chapter. (Ord. 171 § 10.10, 1994)

16.40.020 Applicability.

The provisions of this chapter shall apply to any land division or land use application which authorizes, or would authorize by its approval, new construction, new land uses, or the substantial modification of an existing structure or land use. The provisions of this chapter shall apply in addition to all applicable standards or regulations for the zone district in which the use or structure is located. (Ord. 171 § 10.20, 1994)

16.40.030 Accessory structures.

A. Accessory Structures within Residential Districts.

1. Accessory Structure. Except as provided below, all accessory structures, whether attached or detached, shall meet all of the site development standards applicable to the main structure as required by the zoning district in which the main structure is located.

2. Canopies/Patio Covers. Canopies/patio covers or roofs attached to the main building or connecting the main building to an accessory building may extend into a required rear yard, interior side yard, and street side yard; provided, that the portions of such structures extending into the yard:

a. Shall not exceed 15 feet in height or project closer than five feet to an interior side, street side, or rear lot line; and

b. Shall be entirely open on at least three sides excluding the necessary supporting columns, except that a roof connecting a main building and an accessory building shall be open on two sides.

3. Ground-Mounted Equipment. Ground-mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment, may project a maximum of four feet into the required rear yard setback, and a maximum of two feet into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.

4. Detached Accessory Structures.

a. A detached accessory structure may be located within an interior side yard or rear yard; provided, that when such a structure is located closer than five feet to an interior side or rear lot line, one-hour fire walls shall be installed on the side or sides located within the setback. In no case shall an accessory structure be located closer than one foot from the property line.

b. Accessory buildings shall have a maximum height of 15 feet; provided, however, that the accessory building is no higher than the main structure.

c. Accessory buildings shall be located at least 10 feet from any other building.

5. Projections into Yards. Porches, steps, and architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may project a maximum of three feet into any required front or rear yard area, and into any required side yard area no more than one-half of the required side yard.

B. Accessory Structures – Nonresidential Districts.

1. In any nonresidential district, accessory structures shall not be located within the “main building frontage,” as main building frontage is defined in HMC 16.06.130, M definitions.

2. In any nonresidential district, accessory structures shall meet all of the setback requirements for the associated main buildings.

3. Eaves, roof projections, awnings, and similar adjacent architectural features when located at least eight feet above grade may project no more than two feet into required building setback areas.

4. Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar features may project into the required building setback area a maximum distance of two feet; provided, that all such features in any one setback shall not occupy more than 25 square feet of that required building setback area.

5. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit of the land use district in which it is located by not more than 50 percent; provided, that such feature shall not be used for habitable space and appropriate screening is provided when possible.

6. Ground- and wall-mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Equipment location shall be away from the front of the building, and screening shall be architecturally compatible with adjacent architecture and materials.

7. Roof-mounted equipment shall be used only for the building upon which it is mounted.

8. Roof-mounted equipment shall be screened from public view to the extent practicable, as follows:

a. All roof screens must be solid and continuous. Equipment must be covered by continuous grills or louvers.

b. Roof screens shall be sheathed in a matching or complementary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile, or other surface as approved by the community development department.

c. Mechanical plants and distribution networks shall be centrally located and contained within efficient roof-top penthouses. (Ord. 332 § 2, 2008; Ord. 213 § 8, 1996; Ord. 171 § 10.30, 1994)

16.40.040 Animal keeping provisions.

Animals kept on parcels utilized for residential purposes, whether or not such parcels are located within a residential district, shall comply with the provisions of HMC 16.44.040, as well as those regulations established for the residential district. (Ord. 171 § 10.40, 1994)

16.40.050 Circulation, transportation, and trails facilities.

A. Purpose and Intent. This section is intended to ensure that development proposals which include the design and/or construction of new roads, trails and transit facilities are consistent with the adopted general plan circulation element and open space/conservation element, and contribute to the implementation of the goals and policies of those elements. Further, to ensure that proposed transportation improvements are consistent with efficient traffic management and good traffic engineering practices.

B. Public Streets, Highways, Alleys, Easements.

1. All streets, highways, alleys and ways shall be designed and constructed in accordance with such improvement standards as may be periodically recommended by the city engineer and adopted by the city council, and incorporated herein by reference.

2. Whenever a determination is made by the city engineer that a street is necessary for the future subdivision or development of the subject property or for adjoining property, but the dedication and construction of such street is not currently warranted, the city engineer may require that the location, width, and extent of such street be shown as an irrevocable offer of dedication on the final map if a subdivision is involved, or on an equivalent certificate approved by city engineer, if a subdivision is not involved.

3. The design of any new street system proposed as part of any new development shall, in the opinion of the city engineer, relate to the established street pattern in the area adjoining the proposed development.

4. The proposed street plan shall provide for access and connection for the future subdivision or development of adjoining undeveloped property.

5. All streets shall be designed, dedicated and constructed in a manner consistent with the circulation element of the city general plan and adopted city road standards.

6. When improvements are required, part-width boundary streets adjacent to undivided land shall have a minimum right-of-way width of 40 feet.

7. When no improvements are required, part-width boundary streets shall have a minimum right-of-way of 30 feet.

8. Additional rights-of-way or easements shall be provided when the city engineer determines that such additional rights-of-way are necessary to accommodate roadway slopes, drainage structures, and other facilities related to improvements required for a development.

9. No direct access to residential property contiguous to freeways, primary arterial, or major highways, as shown on the general plan circulation element, shall be permitted except by a frontage road, service road, or a street separated from said major thoroughfare by a tier of lots.

10. The design and construction of all new or the extension of any existing street shall be consistent with the surrounding street pattern, the city general plan circulation element, and the city’s adopted road standards. The design and construction shall provide for parkways, grade separations, flood control facilities, local drainage facilities and other physical constraints as necessitated by good engineering practice and as approved by the city engineer.

11. Secondary or alternative access shall be provided for all new development whenever:

a. Lots obtain access from a cul-de-sac exceeding 600 feet in length; or

b. The development or subdivision lies more than 600 feet from a publicly maintained road, unless these requirements are waived or modified by the city engineer, and except as specified below;

c. Within the fire safety review area secondary or alternative access shall be provided for all new development whenever:

i. Lots obtain access from a cul-de-sac greater than 350 feet in length; or

ii. The development or subdivision lies more than 350 feet from a publicly maintained road, unless modified or waived by the city engineer pursuant to HMC 16.40.450.

12. Dead-end and part-width streets shall not be permitted and a cul-de-sac and/or full-width street may be required if it is determined by the city engineer that adjacent land use or topographical features will not permit the future extension or widening of such streets. Dead-end streets, when permitted, shall be designed so that vehicular access to abutting property shall be physically possible.

13. Within subdivisions and other developments where immediate full improvements are not required, the centerline alignment of the street right-of-way shall be located so that future improvements can be constructed in accordance with the conditions of approval.

14. The type and placement of required street name signs shall conform to city improvement standards.

15. All new or reconstructed streets which are not through streets shall terminate in a cul-de-sac which meets the adopted city road standards, unless specifically waived by the city engineer.

16. Street lights shall be required to be installed along the right-of-way of all newly constructed, extended or reconstructed streets within the city, unless this requirement is specifically waived by the city engineer.

17. Clear sight triangles shall be maintained at intersections of public roadways, and at intersections of private driveways or alleyways with public roadways as illustrated in Figure 10.50.A.

Figure 10.50.A

 

C. Private Streets, Alleys, or Ways.

1. Private streets may be permitted when the city engineer determines that:

a. There is adequate provision for their construction and continuous maintenance;

b. The access and parking needs of the occupants of the development will be adequately served;

c. The construction, use, and maintenance of private streets will not be detrimental to the public health, safety and general welfare;

d. Occupants of the development are better served by private streets;

e. The type of development proposed is typically served by private streets.

2. Private streets may, subject to approval of the city engineer, provide for access control by design, posting or gating.

3. The intersection of a private street or drive with a public street shall be indicated by posting, gating, or a change of pavement material and color at the entry to the private street, as approved by the city engineer.

4. Concrete rolled curbs may be permitted in place of standard curbs on private streets and drives upon the determination of the city engineer that the streets are adequate to handle drainage, and that an adequate maintenance program is provided for in the covenants, conditions and restrictions, or other approved maintenance mechanism.

D. Sidewalks, Walking Paths, Bicycle Paths and Horse Trails.

1. Sidewalks shall be constructed in conjunction with public and private streets, unless they are determined by the planning commission to be unnecessary, considering the rural nature of the development and pedestrian circulation needs. Sidewalk construction shall be in accordance with the city’s adopted improvement standards.

2. If the requirement for sidewalks is waived, streets shall otherwise be constructed in a manner consistent with the city’s adopted improvement standards.

3. The city may require the dedication of walking paths, and equestrian and other trails for public use when such paths are determined to be necessary to further the goals and objectives, policies, or programs of the general plan. In addition and in conjunction with required street dedications, a project applicant may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the development.

E. Local Transit Facilities. The city may require the dedication or irrevocable offer of dedication of land for local transit facilities such as bus turnouts, benches, shelters, loading pads and similar items. If a subdivision is involved, such requirements shall directly benefit the residents of the subdivision, and shall apply only if the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the city’s general plan and if the city finds that transit services are or will, within a reasonable time, be made available to the subdivision. (Ord. 171 § 10.50, 1994)

16.40.060 Condominiums and condominium conversions.

A. Purpose and Intent. The purpose of this section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.

B. Applicability. All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments including mobilehome park conversions shall be reviewed for conformance with the provisions of this code under the city’s conditional use permit procedure, in addition to any and all requirements for preparation, review, and approval for a subdivision map, pursuant to the Subdivision Map Act.

This section shall also apply to the conversions of mobilehome parks to a mobilehome subdivision, condominium or cooperative. Conversion of a mobilehome park to any other use or cessation of use of the land for a mobilehome park shall be subject to Section 65863.7 and 65863.8 of the California Government Code.

C. Minimum Requirements. Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversions of apartments or mobilehome parks, the following shall be required:

1. Parking. Off-street parking shall be provided in the amount and type pursuant to standards for new construction in Chapter 16.52 HMC.

2. Yard and Height Requirements. All new condominium projects, including conversions of apartment or conversion of mobilehome park developments, shall comply with property development standards for the district in which the project is to be located, except that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the city when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

3. Covenants, Conditions, and Restrictions (CC and Rs). The covenants, conditions, and restrictions (CC and Rs) for the new or converting condominium project, including conversion of apartment and mobilehome park projects, shall be reviewed and approved by the city and shall include an agreement that the following shall be guaranteed by the subdivider:

a. Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems, shall be maintained by the sponsor of the conversion or the developer in good condition until one year elapses from the date of the sale of the last individual unit sold.

b. Additional items to be provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities and their maintenance for a period of one year from the date of close of escrow of each individual unit.

c. Adequate provisions for maintenance, repair, and upkeep of common areas.

d. Provisions, that in the event of destruction, reconstruction shall be in accordance with codes in effect at the time of such reconstruction.

e. Provisions for dedication of land or establishment of easements for street widening or other public purpose.

4. The CC and Rs shall provide that individual unit owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51 percent of the units. The CC and Rs shall provide that subsequent owners agree to make no changes in the CC and Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents, or owners.

D. Condominium and Mobilehome Park Conversion.

1. Condominium conversions and mobilehome park conversions may be approved in the city pursuant to the procedures for a conditional use permit and tentative tract map as set forth in this code.

2. No condominium conversion or mobilehome park conversion shall be approved unless and until all of the following conditions have been met by the subdivider:

a. Tenants have received a tenant’s notice of intent to convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a notice of pending application to convert with the community development director. Such notice shall be given by the applicant, and shall contain information as to tenant’s rights under state and local regulations.

b. A notice of pending application to convert has been filed with the community development director prior to the filing of a tentative subdivision map and conditional use permit application. The notice shall include a copy of the tenant’s notice of intent to convert and a building condition and history report prepared by a building inspection service or similar agency acceptable to the building official and fire department. The report shall contain information set forth on forms to be provided by the community development director, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out and an estimated time schedule, the present rent schedule including type and length of tenancy, the estimated prices of the converted units and/or lots, and a copy of the proposed CC and Rs, and a tenant relocation assistance plan indicating the number of tenants interested in purchasing or relocating and detailed plans for assisting in the relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this report together with the CC and Rs.

c. The community development department shall prepare and deliver to the applicant a staff report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.

d. Tenants shall be notified by the subdivider in writing of all public hearings in connection with an application for conversion, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.

e. The structural, electrical, fire, and life safety systems of the applicable structures and/or common structures are in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official prior to the sale of the units.

f. Residential and/or common structures shall have plumbing in sound condition, insulation of all water heaters, and pipes for circulated hot water where feasible. Individual gas and electrical meters shall be provided (except in such cases where individual metering is clearly inadvisable or impractical), adequate and protected trash areas, and all other requirements as may be imposed as a condition of approval.

g. Written notice shall have been given to all residential tenants not less than one year from the date of tentative approval.

3. For residential conversions, the planning commission shall also determine that:

a. The conversion is consistent with the general plan;

b. The vacancy factor of rental housing units in the city exceeds three percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the planning commission determines that a new rental unit has or will be added to the city’s housing inventory for each rental unit removed through conversion; and

c. The subdivider has complied with all other requirements and conditions as may be imposed by the planning commission. (Ord. 171 § 10.60, 1994)

16.40.070 Conversion of residential structures to nonresidential use.

Except where a home occupation is involved, no structure originally designed as a residence (including hotels and motels), or as an accessory structure or addition to a residence, shall be used for any commercial or office use unless the building and site are improved to meet all code requirements for an office or commercial development. This includes but is not limited to building code, fire code, and zoning ordinance requirements. Such conversion shall be subject to staff review, design review or the conditional use permit process, as required by the underlying district use regulations. (Ord. 307 § 31, 2006; Ord. 171 § 10.70, 1994)

16.40.080 Dedication requirements.

A. General Requirements. The dedication requirements as specified by this section are imposed as provided by Section 66475 of the Subdivision Map Act, and shall apply to all final tract and parcel maps, parcel map waivers, lot line adjustments and lot mergers unless exempted from specific dedication requirements by the Subdivision Map Act. In addition, the provisions of this section may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the Highland general plan.

B. Public Streets, Highways, Alleys, Easements. All streets, highways, alleys, ways, easements, rights-of way, and parcels of land which are shown on the final tract map, parcel map, or development plan, and which are intended for public use shall be offered for dedication for public use by appropriate certificate unless required otherwise by the city engineer. All irrevocable offers of dedication shall also be shown by appropriate certificate. If a subdivision is involved, the certificate shall be on the title page.

When vehicular access rights from any lot or parcel to any highway or street are to be restricted as a requirement of a subdivision, such rights shall be offered for dedication to the city of Highland by the appropriate certificate. A note stating: “VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF HIGHLAND” shall be placed on the final map along the highway or street adjacent to the lots or parcels affected. If a subdivision is not involved, equivalent certificates and notes dedicating such vehicular access rights shall be required in a form approved by the city engineer.

C. Utility and Landscape Easements. Any public or private utility and/or landscape easements required by any utility agency or by the city shall be shown on the final tract map, parcel map, or by the equivalent documentation if a subdivision is not involved. Said easements shall be dedicated to the appropriate party by separate document.

D. Drainage Facilities. In the event that a subdivision or development, or any part thereof, is determined by the city engineer to be traversed by a major watercourse, channel, stream, or creek, the subdivider or developer shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the city engineer, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider or developer may, as approved by the city engineer, either construct an adequate channel within such dedication or delineate the course of such watercourse upon the final map or upon an equivalent document if a subdivision is not involved.

If an artificial drainage facility is necessary for the general use of lot or parcel owners in a subdivision or other development, and is necessary for adequate drainage as may result from the development and its improvements, the subdivider or developer may be required to provide such improvements. If required, an adequate right-of-way for the construction and maintenance of such drainage channel shall be dedicated on the final map, if applicable, or granted by separate instrument.

When storm drains are necessary for the general use of lot or parcel owners in a subdivision or other development, and such storm drains are not to be installed in the streets, alleys, or ways of such subdivision or development, then the subdivider or developer shall offer to dedicate upon the final tract map, parcel map, or by separate instrument, the necessary rights-of-way for such facilities.

When property or any portion thereof being subdivided or developed is within the natural drainage path of adjoining unsubdivided or undeveloped property, and no street, alley, or way within the subdivision or development is designed to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way which are adequate to accommodate the flows calculated for such adjoining property based on the full development of said adjoining property. (Ord. 171 § 10.80, 1994)

16.40.090 Development density.

A. Purpose and Intent. The purpose and intent of this section is to ensure that the density bonus or other incentives offered by the city pursuant to this section shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments as consistent with the city of Highland general plan housing element.

It is also understood that in the absence of an agreement by a developer in accordance with this section the city shall not offer a density bonus or any other incentive that would undermine the intent of this title.

B. The maximum allowable development density or intensity shall be as specified in the general plan and as implemented by the regulations of the district within which the parcel is located. In determining the allowable number of dwelling units on a development parcel, all remainders of 51 percent or greater shall be rounded to the next higher whole number.

C. Density Bonuses.

1. Definitions.

a. “Child care facility,” as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

b. “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

c. “Housing development,” as used in this section, means a development project for five or more residential units. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the city of Highland and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

d. “Maximum allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

2. Affordable Housing and Qualifying Residents Projects.

a. Granting Density Bonus.

i. The city of Highland shall grant one density bonus, the amount of which shall be as specified in subsection (C)(2)(b)(i) of this section, and incentives or concessions, as described in subsection (C)(2)(d)(ii) of this section, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:

(A) Construct at least 10 percent of the total units for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or

(B) Construct at least five percent of the total units for very low income households, as defined in Section 50105 of the Health and Safety Code; or

(C) Construct a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code; or

(D) Construct at least 10 percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code; provided, that all units in the development are offered to the public for purchase.

ii. For purposes of calculating the amount of the density bonus pursuant to subsection (C)(2)(b) of this section, the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (i), (ii), (iii), or (iv) of said subsection.

iii. For the purposes of this section, “total units” or “total dwelling units” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

b. Density Bonus Request. A request for a discretionary density bonus and regulatory concession or incentive shall apply to a project of five or more residential units, shall require the approval of a conditional use permit, and shall be subject to the following provisions:

i. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the city of Highland.

The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(2)(a) of this section.

(A) For housing developments meeting the criteria of subsection (C)(2)(a)(i)(A) of this section, the density bonus shall be calculated as follows:

Percentage Low Income Units

Percentage Density Bonus

10

20

11

21.5

12

23

13

24.5

14

26

15

27.5

16

28

17

30.5

18

32

19

33.5

20

35

(B) For housing developments meeting the criteria of subsection (C)(2)(a)(i)(B) of this section, the density bonus shall be calculated as follows:

Percentage Very Low Income Units

Percentage Density Bonus

5

20

6

22.5

7

25

8

27.5

9

30

10

32.5

11

35

(C) For housing developments meeting the criteria of subsection (C)(2)(a)(i)(C) of this section, the density bonus shall be 20 percent of the number of senior housing units.

(D) For housing developments meeting the criteria of subsection (C)(2)(a)(i)(D) of this section, the density bonus shall be calculated as follows:

Percentage Moderate Income Units

Percentage Density Bonus

10

5

11

6

12

7

13

8

14

9

15

10

16

11

17

12

18

13

19

14

20

15

21

16

22

17

23

18

24

19

25

20

26

21

27

22

28

23

29

24

30

25

31

26

32

27

33

28

34

29

35

30

36

31

37

32

38

33

39

34

40

35

(E) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city of Highland in accordance with this subsection, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low Income

Percentage Density Bonus

10

15

11

16

12

17

13

18

14

19

15

20

16

21

17

22

18

23

19

24

20

25

21

26

22

27

23

28

24

29

25

30

26

31

27

32

28

33

29

34

30

35

This increase shall be in addition to any increase in density mandated by subsection (C)(2)(a) of this section, up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subsection and subsection (C)(2)(a) of this section. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city of Highland to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:

(1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

(3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure.

(4) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the local government prior to the time of transfer.

(5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with subsection (C)(2)(c) of this section, which shall be recorded on the property at the time of the transfer.

(6) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

(7) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development.

(8) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(F) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

ii. The policies for achieving a density bonus shall be as follows:

(A) The city shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:

(1) Affordable Housing.

(a) The proposed project is consistent with the goals, policies and strategies of the general plan; and

(b) The applicant has demonstrated that the waiver or modification of development standards is necessary to ensure the economic feasibility of the project; and

(c) The target units will be within the income level for those individuals for which the units are proposed to be developed.

(2) Qualifying Residents.

(a) The proposed project is consistent with the goals, policies and strategies of the general plan; and

(b) The applicant has demonstrated that the waiver or modification of development standards is necessary to ensure the economic feasibility of the project; and

(c) A commitment has been submitted in writing by the developer guaranteeing that the facility or development will be used for qualifying residents.

c. Conditional Use Permit. Concurrent with the processing of a conditional use permit for an affordable housing or qualifying residents project, the developer shall enter into an affordable housing or qualifying residents agreement for any target dwelling unit for which bonus density regulatory concessions and/or incentives have been granted as follows:

i. An applicant shall agree to, and the city of Highland shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.

ii. An applicant shall agree to, and the city of Highland shall ensure that, the initial occupants of the moderate income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code.

The local government shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

(A) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The local government shall recapture any initial subsidy, as defined in subsection (C)(2)(c)(ii)(B) of this section, and its proportionate share of appreciation, as defined in subsection (C)(2)(c)(ii)(C) of this section, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

(B) For purposes of this subsection, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(C) For purposes of this subsection, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.

iii. The covenants, conditions and restrictions (CC&Rs) and the affordable housing or qualifying residents agreement shall specify the designated target units which shall be set aside for persons or households of affordable income levels or qualifying residents and shall include a covenant that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interest of same which no longer complies with the provisions of the CC&Rs and the affordable housing agreement or qualifying residents agreement without the written approval of the community development director. An annual report shall be submitted by January 31st of each year to the community development director confirming that the rent or sales price, or age restrictions for qualifying residents of all target units for the previous calendar year, is within the income levels or meets the age restrictions as specified herein.

d. Developer Requested Concessions.

i. An applicant for a density bonus pursuant to subsection (C)(2)(a) of this section may submit to the city of Highland a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city of Highland. The city of Highland shall grant the concession or incentive requested by the applicant unless the city of Highland makes a written finding, based upon substantial evidence, of any of the following:

(A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subsection (C)(2)(c) of this section.

(B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

(C) The concession or incentive would be contrary to state or federal law.

ii. In addition to any density bonus provided for the project, the applicant shall receive the following number of incentives or concessions:

(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development.

(B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

(C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.

iii. The applicant may initiate judicial proceedings if the city of Highland refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing in this subsection shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

The city of Highland shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section.

e. City Provided Concessions. The city shall provide at least one of the following concessions or incentives or provide other incentives of equivalent financial values based upon the land cost per dwelling unit to the developer unless the city makes a finding as required in subsection (C)(2)(d)(i) of this section:

i. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

ii. Approval of mixed use zoning in conjunction with a housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the areas where the proposed housing project will be located.

iii. Other regulatory incentives or concessions proposed by the developer and/or city. However, in the case of condominium conversions, the city need only grant a density bonus or other incentives of equivalent financial value. The city need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the city may apply as conditions of approval.

iv. The city of Highland is not limited or required to provide direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.

v. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law.

f. Child Care Facilities. Unless the city finds, based upon substantial evidence, that the community has adequate child care facilities, when an applicant proposes to construct a housing development that conforms to the requirements of subsection (C)(2)(a) of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

i. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

g. Conditioning for Child Care Facilities. The city shall require, as a condition of approving the housing development described in subsection (C)(2)(f) of this section, that the following occur:

i. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection (C)(2)(c) of this section.

ii. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subsection (C)(2)(a) of this section.

h. Parking Requirements. Upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsection (C)(2)(a) of this section that exceeds the following ratios:

i. Zero to one bedroom: one on-site parking space.

ii. Two to three bedrooms: two on-site parking spaces.

iii. Four and more bedrooms: two and one-half parking spaces.

i. Calculating Parking Requirements. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

j. Qualifying Senior Residents. Residential occupancy shall be limited to single persons at least 62 years old, or to cohabiting couples of which one person is at least 62 years of age for projects less than 150 units and such age restriction may be reduced to 55 years old for projects greater than 150 units. This section shall apply to both independent living and congregate care facilities as described below:

Independent living facilities designed to accommodate independent lifestyles shall include individual rooms which consist of at a minimum a full bathroom, sleeping area and kitchen and parking garage.

Congregate care facilities shall provide at a minimum a full bathroom and sleeping area, and shall include a communal kitchen, dining area and recreational area appropriate for the number of residents.

k. Development Design and Facilities.

i. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public rights-of-way.

ii. Laundry Facilities.

(A) Independent Living. Washer and dryer hook-ups shall be provided in each dwelling unit or in an attached garage.

(B) Congregate Care Facilities. On-site common laundry facilities including installation of washers and dryers shall be provided and may include shared laundry rooms.

iii. Common Facilities. Common facilities may include one or more of the following facilities located on site for the specific use of the residents of the project if approved by the approving authority:

(A) Beauty salon and barber shop.

(B) Small-scale pharmacy.

(C) Private common carrier transportation, maintained and operated by the facility.

(D) Other similar facilities for the sole enjoyment of the residents.

iv. Minimum Unit Size. The minimum floor area for each residential unit shall be as follows:

Notwithstanding the provisions of Table 16.16.040.B, item 12, regulating minimum dwelling unit size, the units provided shall not be less than 415 square feet in floor area for efficiency units, 540 square feet in floor area for a one-bedroom unit, and 640 square feet in floor area for a two-bedroom unit, or as otherwise approved by the approving authority.

v. Open Space Requirements.

(A) Private Open Space. Notwithstanding the provisions of HMC 16.16.040(D)(4)(d), each dwelling unit shall be provided with a usable private open space in the form of a patio or courtyard with a minimum area of 100 square feet and a minimum dimension of 10 feet, or balcony of 80 square feet and a minimum dimension of eight feet.

(B) Common Open Space. Notwithstanding the provisions of HMC 16.16.040(D)(4)(c), 225 square feet of usable common open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute area(s) readily available, practical and generally acceptable for active and/or passive recreational uses. Up to 40 percent of the required common open space may be provided in the form of a common leisure/recreation room.

vi. Parking Security. Parking facilities shall be designed to provide security for residents, guests, employees, and shall be integrated into the architecture of the facility.

vii. Transit Facilities.

(A) A bus turn-out and shelter along the street frontage may be required to be dedicated and constructed where the development occurs along an established or planned bus route.

(B) In lieu of a bus turn-out and shelter, the developer may provide a private, on-site dial-a-ride service.

l. Additional Considerations.

i. In no case may the city of Highland apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection (C)(2) of this section at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city of Highland a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection (C)(2) of this section at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city of Highland. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing in this subsection shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

ii. A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection (C)(2)(d)(ii) of this section.

3. Additional Residential Conditions. The city may impose additional standards or conditions specific to the project and/or environmental mitigation related to the project.

4. Conversions of Apartments and Condominiums.

a. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the city of Highland pursuant to this section, the city of Highland shall either (i) grant a density bonus or (ii) provide other incentives of equivalent financial value. The city of Highland may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

b. For purposes of this section, “density bonus” means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

c. For purposes of this section, “other incentives of equivalent financial value” shall not be construed to require the city of Highland to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city of Highland might otherwise apply as conditions of conversion approval.

d. An applicant for approval to convert apartments to a condominium project may submit to the city of Highland a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city of Highland shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city of Highland shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.

e. Nothing in this section shall be construed to require the city of Highland to approve a proposal to convert apartments to condominiums.

f. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Section 65915.

5. Covenants. Where there is a direct financial contribution to a housing development pursuant to Government Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city of Highland shall assure continued availability for low and moderate income units for 30 years. When appropriate, the agreement provided for in Government Code Section 65915 shall specify the mechanisms and procedures necessary to carry out this section.

6. Additional Conditions for Conversion of Apartments and Condominiums. The city may impose additional standards or conditions specific to the project and/or environmental mitigation related to the project.

7. Qualifying Nonresidential Projects with Child Care Facilities.

a. Granting of a floor area ratio bonus is governed by Government Code Section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements:

i. The commercial or industrial project must consist of at least 50,000 square feet of floor area.

ii. The developer must agree to set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility.

b. A request for a floor area ratio density bonus shall apply to commercial and industrial projects of 50,000 square feet or greater and shall require approval of a conditional use permit, and shall be subject to the following provisions:

i. Floor area ratio bonus means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements including:

(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facilities for existing structures.

(B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facilities for new structures.

(C) Projects constructed under this section shall conform to height, setback, lot coverage, parking, architectural review, site plan review, fees, charges and other health, safety and zoning requirements generally applicable to construction in the zone in which the property is located.

ii. The day care facility may be located either on site or off site as agreed upon by the developer and the city, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of 40 children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer’s bonus density prorated based on the percentage participation of each developer.

iii. The developer may either operate the day care facility itself or may contract with a licensed child care provider to operate the facility and in all cases must coordinate with a local child care resource and referral network in order to qualify for the floor area ratio bonus.

iv. Once the child care facility has been established, prior to any closure, change in use, or reduction in the size of the facility, the city council shall find that the need for child care is no longer present, or is not present to the same degree as it was at the time the day care facility was developed.

8. Additional Nonresidential Conditions. The city may impose additional standards or conditions specific to the project and/or environmental mitigation related to the project. (Ord. 378 § 3, 2013; Ord. 307 § 32, 2006; Ord. 225 § 3, 1997; Ord. 171 § 10.90, 1994)

16.40.100 Fences and walls.

A. Residential Districts.

1. In any required front yard, except as provided for in HMC 16.16.040(D)(4)(f) and 16.22.040(B)(5)(m), a wall or fence shall not exceed four feet in height. However, walls or fences may be permitted up to a maximum height of five feet; provided, that the portion of the fence or wall above three feet in height is wrought iron or other 90 percent light-permitting material. Solid pilasters shall be permitted if they are intended to support the fence. Said pilasters with caps or optional lighting fixtures may also extend up to a maximum of 12 total inches above the adjacent fences or walls they reinforce, for a maximum height of six feet.

2. A fence or wall not more than six feet in height, as measured from the highest adjacent grade, may be maintained along any interior side yard, rear yard or street side yard; provided, that such wall or fence does not extend into the required front yard (see Figure 16.40.100.A). Fencing proposed for all new housing developments and not considered view-type fencing shall be constructed of solid block material or alternative material unless otherwise determined by the design review process. Any retaining portion visible from public right-of-way shall be mitigated by incorporating a raised planter(s) (see Figure 16.40.100.B) or 2:1 landscape slope as required and approved through a staff review permit or design review application (see Figure 16.40.100.C).

Figure 16.40.100.A.

Figure 16.40.100.B.

Figure 16.40.100.C.

3. In the case of reversed corner lots and street side yards, fences and walls, as permitted by subsection (A)(2) of this section, shall ensure the safety of pedestrian and vehicular traffic by providing for adequate sight lines.

B. Village Residential District.

1. All new fencing shall comply with the guidelines adopted by the historic and cultural preservation board.

C. Commercial and Office Professional Districts.

1. Within any required front or street side building setback area, walls or fences shall not exceed four feet in height.

2. In any required rear or interior side building setback area, walls and fences shall not exceed six feet in height.

3. Solid walls for the purpose of screening commercial activities from more sensitive land uses and for sound attenuation may be required as a condition of approval for commercial development. The height, placement and design of such solid walls may be determined based on the required sound attenuation and/or the need for visual screening to ensure consistency with general plan policies and performance standards.

D. Industrial Districts and Business Park.

1. Within any front or street side building setback area, walls shall not exceed six feet in height. However, fences may be permitted up to a maximum height of 10 feet; provided, that the entire height of the fence is of 90 percent light-admitting wrought iron or similar material.

2. For fences over six feet in height and within the setback area, a minimum of six feet of landscaping shall be required from the property line, either outside or inside the fence.

3. For solid walls over four feet in height and within the setback area, a minimum of six feet of landscaping shall be required between the solid wall and the property line.

4. On corridors that do not have established sidewalks or curbs and gutters, an additional distance, supplementing the six feet of required landscaping, must be allotted depending on the roadway classification, from the edge of the street for future development of a sidewalk by the city.

5. Within any required rear or interior side building setback area, walls and fences must be at least six feet in height and may be permitted up to a maximum height of 10 feet.

6. Solid walls for the purpose of screening commercial activities from more sensitive land uses and for sound attenuation may be required as a condition of approval for commercial development. The height, placement and design of such solid walls may be determined based on the required sound attenuation and/or the need for visual screening to ensure consistency with general plan policies and performance standards. (Ord. 436 § 2, 2019; Ord. 332 § 3, 2008; Ord. 307 §§ 33, 34, 2006; Ord. 278 § 4, 2002; Ord. 213 § 8, 1996; Ord. 171 § 10.100, 1994)

16.40.110 Flood control and drainage.

A. General Provisions.

1. The minimum design for facilities which control drainage of stormwater generated within a subdivision or other residential, commercial, or industrial development, or for floodwater flowing into or crossing a subdivision or other residential, commercial, or industrial development shall be based on a storm of an intensity with a one percent or greater chance of being equalled or exceeded in any given year.

2. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a subdivision or other residential, commercial, or industrial development shall be submitted to the city engineer for review and approval.

3. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a subdivision or other residential, commercial, or industrial development shall be submitted to the city engineer for review and approval.

4. The use of streets for flood control and drainage purposes may be prohibited by the city engineer if the use thereof is not in the interest of the public health, safety and welfare.

5. When the city engineer permits the use of streets for flood control and drainage purposes for collectors or local streets, the 10-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes. For secondary highway, major highway, and primary arterials, two dry travel lanes shall be provided during a 10-year frequency storm. The 100-year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded in the opinion of the city engineer, additional flood control facilities shall be provided to the satisfaction of the city engineer.

6. Where new flood control or drainage facilities are to be constructed, adequate provision for continued maintenance of the facilities shall be provided, as approved by the city engineer.

B. Flood Control.

1. The city engineer shall review the hydrologic calculations submitted by the subdivider or developer, and shall determine the adequacy of peak discharges of off-site floodwaters impinging upon the subdivision or other residential, commercial, or industrial development from which protection must be provided.

2. Improvement plans for flood control facilities to control floodwater flowing into or crossing a subdivision or other residential, commercial, or industrial development shall be subject to approval by the city engineer.

3. After receipt of an acceptable tentative map, or other application for a discretionary permit for development pursuant to this title, the city engineer shall recommend conditions to be imposed. The city engineer may require that a flood hazard report be furnished by the subdivider or developer. A flood hazard report review fee as established by city council resolution shall be paid upon the submittal of the flood hazard report or hydrology study to the community development director.

4. There shall be no flood hazard study required by the city engineer for reverting subdivided lands to acreage.

C. Drainage.

1. Improvement plans for drainage facilities to control drainage or stormwater generated within a subdivision or other residential, commercial, or industrial development shall be subject to approval by the city engineer.

a. Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the city engineer.

b. When a subdivision or other residential, commercial, or industrial development changes, concentrates or increases the natural flow of surface water onto adjacent property, one of the following shall be required:

i. The water shall be directed to an adequate outlet which is either existing or will be constructed as part of the subdivision or development;

ii. The subdivider or developer shall obtain a recordable easement or written agreement for drainage purposes across the affected property, and the city engineer may require drainage improvement be constructed across the affected property; or

iii. The subdivider or developer shall, at a minimum, be required to provide on-site retention facilities for the incremental increase in runoff which will be created by the subdivision or development.

2. Proposed development shall be designed to allow for drainage from adjacent undeveloped properties, and provide oversized drainage facilities as needed to accommodate flow from adjacent property upon its development.

3. When a proposed development encroaches into the 100-year flood plain, the developer shall submit design plans and other engineering data to FEMA and request FEMA to revise the FEMA map accordingly. Prior to map approval of a subdivision or building permit issuance, if not a subdivision, the developer shall obtain positive response from FEMA that the 100-year flood plain boundary will be revised to reflect the project to be outside the 100-year flood plain areas.

D. Area Drainage Plans and Drainage Fees.

1. Area drainage plans which are determined to be necessary by the city council shall be adopted by resolution of the city council pursuant to the provisions of Government Code Section 66483 et seq. Such area drainage plans shall cover a particular drainage area, contain an estimate of the total cost of constructing the drainage facilities required by the plan, shall include a map of the area that shows the boundaries of the drainage area, the location of the required facilities serving the drainage area, and shall specify the resulting drainage fee for that area drainage plan. As a part of the adoption of a plan, the city council shall find and determine the following:

a. That the subdivision and/or development of land within the plan area will require construction of the facilities described in the plan.

b. That the drainage fees are fairly apportioned within the local drainage area on the basis of benefits conferred on property proposed for subdivision or development, or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area.

2. Drainage fees, pursuant to Section 66483 et seq. of the Government Code, may be imposed as a condition to the division of land, or to the development of land for which a subdivision is not involved. Whenever land that is proposed to be divided or developed lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division or development of land in that drainage area.

3. Area drainage plans may provide for varying fees; provided, however, the fee as to any property proposed for subdivision or development within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

4. Drainage fees shall be paid at the time of the filing of the final map or parcel map, as a condition of the waiver of the filing of a parcel, or at an equivalent time if a subdivision is not involved; provided, however, at the option of the subdivider or developer, the fee may be paid, in pro rata amounts at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee.

a. If the subdivider or developer elects to have payment made at the time of issuance of a grading or building permit, the recorded final map, parcel map, certificate of compliance evidencing the waiver of the filing of a parcel map, or equivalent document if a subdivision is not involved, shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit. In addition, a separate instrument shall be recorded by the subdivider or developer in the office of the county recorder, at the time of the filing of the final map, parcel map, or certificate of compliance evidencing the waiver of the parcel map, or equivalent document if a subdivision is not involved, which gives notice that a drainage fee is required to be paid by any person that owns such parcels prior to issuance of a grading or building permit.

b. If the drainage fee is paid at the time of the filing of the final map, parcel map, certificate of compliance evidencing the waiver of the parcel map, or equivalent document if a subdivision is not involved, it shall be paid to the city engineer. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the building official. All fees that are collected shall therefrom be deposited into a local drainage facilities fund maintained by the city. A separate fund shall be established by the city for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including the acquisition of right-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the city for the cost of engineering and administrative services to design, construct and acquire any necessary right-of-way for the facilities.

5. At the discretion of the city council, nonmonetary considerations, such as dedications of right-of-way, actual construction, or design work by a civil engineer, may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

6. Money may be advanced by the city to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced shall be reimbursed to the city from the fund for the local drainage area in which the facilities are located.

7. When required for the implementation of an adopted area drainage plan, an agreement may be entered into between a developer and the city, whereby the developer may advance money for the construction of facilities, or to design or to construct facilities within a local drainage area; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only, and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

8. The drainage plan area, the required facilities, and the drainage fee in an adopted area drainage plan may be amended by the city council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities, or estimated cost of the facilities. (Ord. 171 § 10.110, 1994)

16.40.120 Grading.

Whenever a tentative map or other residential, commercial, or industrial development is approved which will require grading or other preparation of the soil, the city may impose conditions relating to grading on the approval of the development. Such grading conditions shall be in addition to any other provisions of the building code applicable to the project. Such conditions shall be included by the building official or city engineer in any grading permit thereafter issued. Such conditions may include, but are not limited to, the following:

A. A requirement that lands slope toward rather than away from the street;

B. Requirements for planting and landscaping of slopes;

C. Requirements for the irrigation of slopes;

D. Limitations on the amount of soil to be imported or exported from the site;

E. A designation of the streets over which trucks or equipment may travel for the purpose of importing or exporting soil;

F. A limitation on the periods during which grading operations may occur;

G. Such other conditions as will facilitate an orderly development of the property in accordance with the provisions of the general plan and the project’s approval. (Ord. 171 § 10.120, 1994)

16.40.130 Hazardous materials management.

A. Purpose and Intent. In accordance with state law and the adopted San Bernardino County hazardous waste management plan, the purpose of this section is to ensure that businesses locating or operating within the city which utilize, store, transport or dispose of hazardous materials incorporate the available risk management and waste minimization practices into their operations. Furthermore, the intent of this section is to minimize the risk of exposure to hazardous materials for residents and property within the city.

B. Preliminary Information Requirements.

1. All land use applications submitted for a new, or the expansion or modification of an existing, business shall provide information disclosing the amount and type of hazardous materials used and hazardous waste generated, the business practices for management and reduction of these substances, and emergency response procedures in the event of an accidental release.

2. A preliminary hazardous waste minimization plan which identifies proposed waste management and reduction efforts shall be submitted to the city with all applications for land uses which are potential hazardous waste generators, as defined by the San Bernardino County hazardous waste management plan.

C. Hazardous Materials Notification Requirements.

1. Any land use which handles or will handle any hazardous material or hazardous waste (as defined by the county hazardous waste management plan) in excess of 55 gallons of liquid or 300 pounds of solid or 200 cubic feet of compressed gases, or any combination thereof, unless the federal threshold is lower, shall prepare and submit a business plan to the county department of environmental health services and the city fire department prior to final approval of any permits. The contents of said business plan shall be as required by the county hazardous waste management plan, Chapter 6.

2. Prior to final approval, a risk management and prevention program as defined in the county hazardous waste management plan shall be submitted to the county department of environmental health services and city fire department for review and approval by any new, modified or expanded land use within the city which handles or will handle “acutely hazardous materials” (AHM), as defined in the county hazardous waste management plan, in amounts greater than 55 gallons of liquid, 500 pounds of solid or 200 cubic feet of a compressed gas.

3. Commercial and industrial uses which propose to locate within the city of Highland shall provide the fire department with a list of all hazardous materials used at the site, a description of where and how each is stored, and how each react in a fire.

4. Placards or other appropriate signage shall be placed on all buildings or structures which are used for the storage of hazardous materials or wastes.

D. The unlawful discharge of hazardous wastes into the air, land, or into water resources within city boundaries is prohibited. (Ord. 171 § 10.130, 1994)

16.40.140 Height limitations.

Unless modified by this chapter; Chapter 16.44 HMC, Specific Use Development Standards; or Chapter 16.48 HMC, Performance Standards, the maximum allowable height of a structure shall be as per the regulations of the district within which the structure is to be located. (Ord. 171 § 10.140, 1994)

16.40.150 Improvement standards and plans.

A. Improvement Standards.

1. Standards for the design and improvement of subdivisions and other developments shall be in accordance with the applicable sections of this title, the city’s general plan, any specific plans adopted by the city of Highland, and such other standards as may, from time to time, be adopted by the city council and incorporated herein by reference.

2. In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

B. Improvement Plans Required.

1. All improvements proposed to be constructed or installed in subdivisions or other residential, commercial, or industrial developments shall be in accordance with detailed plans and specifications approved in writing by the city engineer prior to commencement of said improvement work.

2. Improvement plans shall be submitted to and shall be approved by the city engineer prior to submitting a final subdivision map to the city council, or if no final subdivision map is required, prior to commencement of construction.

3. Required improvement plans shall show the location of all existing improvements, including but not limited to electrical, natural gas, telephone, and any other service facilities adjacent to or potentially affected by the proposed improvements. Specific improvement plan requirements shall be compiled and made available to the public by the city engineer. Improvement plans shall be prepared by a professional civil engineer registered in the state of California.

4. All improvement plans shall be prepared by a registered civil engineer. Said improvements shall be completed or shall be bonded for, in accordance with adopted city bonding requirements, by each subdivider or developer, as required by the conditions of approval, prior to acceptance of the final tract map, or the equivalent, if a final subdivision map is not required.

5. Improvements which are proposed to be or are required to be located within state highway rights-of-way shall be shown on the improvement plans and shall be designed to California Department of Transportation standards. Prior to approval by the city engineer, the subdivider or developer shall acquire the Department of Transportation’s approval of such improvements.

6. Contractors shall secure an encroachment permit prior to commencement of any work done in connection with subdivisions or other residential, commercial, or industrial development projects within public right-of-way. (Ord. 171 § 10.150, 1994)

16.40.160 Lighting.

A. Purpose and Intent. Exterior lighting performs a number of functional uses that relate to nighttime safety and path finding. The design of outdoor lighting reflects the appropriate image, character and scale of an area. While lighting should be efficient and economical, it should contribute to a sense of orientation and security, and not be overbearing or sign-like.

Lighting design is the creative process for developing safe, productive, and enjoyable lighting solutions within the built environment. In the past, emphasis was placed on simply delivering an appropriate quantity of light. The quality of light was considered mainly in terms of controlling direct or reflected glare. In the city, lighting design is a synthesis of light and shadow, color, form, space, rhythm, texture, and proportion, achieved through an understanding of technology.

Many factors influence the quantity and quality of light. Thus, there is no one perfect solution to a single lighting problem. Instead, there are multiple solutions, each more or less successful depending on the judging criteria. The design must also be appropriate in terms of cost, energy, maintenance, style, availability, and a dozen other considerations.

Lighting the outdoors is different than lighting an interior space. These differences present certain challenges not usually found in interior lighting. For example, some people want the dark for sleeping, star-gazing, or privacy. When this desire conflicts with other people’s need for light, the control of light becomes critical. However, rules that require all outdoor lighting to be the same design, using the same luminaire types, subject to the same maximum mounting height and aiming angle requirements, and having the same illuminances, are not the answer. Through attention to the methods recommended in this section, as well as those listed in the latest Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), lighting systems can deliver quality outdoor lighting without being installed haphazardly and affecting the nighttime environment or impacts surrounding uses.

B. Lighting Design Standards.

1. Parking areas of five or more spaces shall have an average of one-half foot-candle of illumination per square foot of parking area for visibility and security during hours of darkness.

2. Each parking area of five or more spaces existing prior to the effective date of the ordinance codified in this section which is enlarged, reconstructed, altered, or changed from its previous configuration shall be subject to the above illumination requirements.

3. Wiring for illumination shall be underground.

4. The following forms of outdoor lighting usage shall be prohibited between midnight and dawn:

a. The operation of searchlights for advertising purposes; and

b. The illumination of outdoor public recreational facilities, unless a specific recreational activity requiring the lighting is already in progress. All lighting shall be on a time clock or photo-sensor system. Security lighting shall be provided.

5. All single-family, duplex and triplex residential dwelling units shall be equipped with security lighting affixed to the exterior of each garage and above the exterior of each front and rear door.

a. Lighting shall be activated by motion sensors.

b. Lights shall be installed a minimum of eight feet above grade and shall be hard-wired into the electrical power source.

c. Lights shall be shielded and directed away from surrounding residential uses and shall not blink, oscillate or be of unusually high intensity.

6. Exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.

7. Security lighting should be designed to limit excessive lighting and glare. Avoid mercury vapor. Security lighting shall be compatible with other on-site lighting.

8. Parking lot lighting should not spill over to adjacent properties. No glare should be visible from residential properties.

9. A decorative and functional parking lot light standard should be used throughout the city.

10. Although taller light standards limit the number of standards needed to illuminate the site, they also cause indirect light spillover to adjacent properties. Shorter lighting standards designed to illuminate specific areas combined with accent lighting, such as landscape lighting and building up-lighting, is desirable. Hot spots shall be carefully reviewed to evaluate individual lighting for compatibility and impacts both for on-site and off-site lighting.

11. No light shall blink, flash, or be of unusually high intensity or brightness, nor should it be used for backlighting of awning signage.

12. All light fixtures shall be appropriate in scale, intensity and height to the use they are illuminating.

13. Lighting fixtures shall be compatible with the surrounding area.

14. Lighting shall be used to enhance aesthetic quality as well as safety, such as the use of accent/feature lighting. Exposed neon accent lighting is discouraged unless evaluated and approved by the design review board.

15. Avoid placement of light fixtures that will directly light into adjacent structures or cause glare that may inhibit drivers.

16. Outdoor light poles within residential areas, except for street lighting, shall not exceed 12 feet in height. Such lighting shall be designed to project downward, and shall not create glare on adjacent properties.

17. Lighting standards shall be consistent with Tables 16.40.160.A and B unless modifications can be justified by a certified lighting engineer and a photometric plan is required and approved by the design review board.

18. Security lighting standards shall be consistent with Table 16.40.160.C unless modifications can be justified by a certified lighting engineer and a photometric plan is required and approved by the design review board.

Table 16.40.160.A – Site Lighting – Commercial/Industrial Foot-Candles

Lighting Type

Maintained Foot-Candles

Uniformity Avg. : Min.

Average Foot-Candle

High activity, e.g., regional shopping centers, fast food facilities, major athletic/civic/cultural events

0.9 min.

5.9 : 1

5.3

Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events

0.6 min.

5.9 : 1

3.5

Low activity, e.g., neighborhood shopping, industrial employee parking, school, church parking

0.2 min.

5.9 : 1

1.1

Nonresidential walkways and bikeways

0.5 min.

5.9 : 1

2.9

Building entrances

5.0 avg.

N/A

N/A

Table 16.40.160.B – Site Lighting – Commercial/Industrial Mounting Heights

Lighting Type

Average Mounting Height

Average Mounting Range

Vehicular Use

34'

20' – 50'

General Site

25'

20' – 30'

Pedestrian (see security area below)

12'

10' – 15'

Feature

N/A

0' – 3'6"

Notes: In the application of the above standards, the following regulations should apply:

1. Illumination levels should be defined as maintained horizontal foot-candles on the task. For example, the pavement or area surface.

2. Uniformity ratios dictate that average illumination values should not exceed minimum values by more than the product of the minimum value and the specified ratio. For example, in the case of the commercial parking high activity, the average foot-candles should not be in excess of 5.3 (0.9 x 5.9).

3. In no case should illumination exceed 0.5 foot-candles measured at the property line; and the amount of illumination projected onto a residentially zoned property or use from another property should not exceed 0.1 foot-candle at the property line.

4. Lighting standards in parking areas should be located no more than 100 feet apart unless other types of lighting fixtures are used as approved by the design review board.

5. No parking lot light standard shall exceed the height of the predominant roofline of the primary building on site.

6. Lamp types and colors should be in harmony with other lamps in the community, any special circumstances existing on the site, and surrounding installations. Lamp types should be consistent with the task and setting, and shall not create a mix of colors unless otherwise approved by the design review board.

Table 16.40.160.C – Security Lighting

Walkways

Average Area: (Foot-Candle)

Security Area (Foot-Candle)

Low Mount: 9' to 15'

High Mount: 15' to 30'

Commercial

0.9

2.0

4.0

Intermediate

0.6

1.0

2.0

Residential

0.2

0.4

0.8

(Ord. 332 § 4, 2008; Ord. 171 § 10.160, 1994)

16.40.170 Minimum building sites.

Unless otherwise specified in Chapter 16.44 HMC, Specific Use Development Standards, the minimum allowable building site size shall be in accordance with the regulations of the zone district within which the structure is to be located. (Ord. 171 § 10.170, 1994)

16.40.180 Mobilehome and modular home requirements.

A. Single Mobilehomes. Single mobilehome units may be permitted on individual lots in the A/EQ, R-1, R-2 and R-3 Districts subject to the following requirements:

1. The mobilehome is placed on a permanent foundation system in compliance with all applicable building regulations.

2. The mobilehome construction is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and was constructed after October, 1976. Documentation indicating certification and construction date must be submitted to the building and safety division in order to secure valid building permit(s).

3. The community development director determines that the placement of the mobilehome is compatible with the existing development in the immediate area in which it is being placed, in accordance with the following criteria:

a. The design of the mobilehome unit shall be similar in character and appearance to other dwellings in the immediate vicinity relative to design features including but not limited to unit size, roof overhangs, roof materials, roof pitch, and exterior materials.

b. All building setbacks, parking, coverage, height, and sign requirements of the base district shall apply.

B. Modular Homes/Manufactured Dwelling Unit. Each manufactured dwelling unit/modular home fabricated off-site and installed on a parcel shall comply with all development standards for the district in which it is to be located and shall incorporate the following design features:

1. A roof constructed of asphalt composition, shingle, tile, crushed rock, or similar roofing material (except metal).

2. Exterior siding of brick, wood, stucco, plaster, concrete, or other material which is finished in a nonglossy and nonreflective manner.

3. Each structure shall be placed on a permanent foundation.

4. A predominant shape and form that is compatible with the surrounding neighborhood.

5. The design and materials of any enclosed garage shall be compatible with the main dwelling.

6. Formaldehyde-based or asbestos insulation shall not be permitted. (Ord. 171 § 10.180, 1994)

16.40.190 Off-site improvements.

The city may require, as a condition of approval, the dedication of improvements such as rights-of-way, easements, and the construction of reasonable off-site and on-site improvements in conjunction with the parcel(s) being developed or created.

To maintain flexibility in the cross-sections and configuration of streets within topographically rugged or environmentally sensitive areas, the city may require minimum improvements as approved by the city engineer. Within topographically rugged and rural areas, the city may also limit street-light locations to those areas required for safety (e.g., curves and intersections). (Ord. 307 § 35, 2006; Ord. 171 § 10.190, 1994)

16.40.200 Park and recreation facilities.

The city may, as established within the conservation and open space element of the general plan and this title, as a condition of approval for development projects, require the payment of fees, dedication of land, or both for the provision of neighborhood and community park and recreation facilities for city residents. The general plan establishes the ultimate ratio of two and one-half acres of parkland per 1,000 persons residing in the city. This ratio consists of two acres of developed active park acreage (e.g., neighborhood and community recreational facilities) and one-half acre of undeveloped natural parkland.

A. Definitions. For the purposes of this subsection, the number of actual or potential dwelling units created by a subdivision or development shall be as follows:

1. One dwelling unit per unit approved.

2. Where the number of units to be built in a multifamily residential district is unknown, the maximum number of dwelling units allowed under that zone classification.

3. For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

B. Exemptions. This section shall not apply to the following subdivisions:

1. Commercial or industrial developments.

2. Condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old, and as to which no new dwelling units have been added by the subdivision.

3. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years after recordation of the subdivision map, the fees shall be required to be paid by the owner of each parcel as a condition to the issuance of such permit.

C. Dedication Requirements.

1. Whenever a tentative tract map or other residential approval which is subject to the provisions of this subsection is submitted to the community development director, the submittal shall be accompanied by a written statement from the applicant stating whether the applicant intends to dedicate land, pay fees in lieu thereof, or a combination of both, for park and recreational purposes. If the applicant intends to dedicate land for this purpose, the community development director shall be consulted as to the appropriate area to be dedicated, and such area shall be shown on the proposed tentative tract map, or site plan. Dedications of park land shall be approved and accepted by the city council.

2. The conditions of approval of a tentative tract map or other residential development subject to the provisions of this subsection may require the dedication of land, the payment of a fee in lieu thereof or a combination of both for park and recreational purposes. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or approved site plan. If fees are to be paid, the conditions of approval shall specify the amount of fees to be paid to the city and the timing for such payments.

3. Land shall be conveyed fee simple to the city by grant deed, free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map, or as required by the final conditions of approval if no final map is required.

4. Deeds for parkland dedications shall be returned to the subdivider, project applicant or developer, as applicable, upon:

a. Disapproval of a final map, if a final map is required;

b. Withdrawal of a final map, if a final is required; or

c. Withdrawal of the application for the development permit by the applicant.

Deeds shall be returned under the circumstances described above within a reasonable time period, not to exceed 90 days from date of withdrawal or disapproval, or as established by city ordinance.

5. Deeds shall be recorded by the city upon recordation of the final map, or at the discretion of the city clerk if no final map is recorded.

6. Deeds shall not be accepted for the dedication of parkland unless accompanied by a title insurance policy, secured by and at the expense of the grantor, in an amount equal to the land dedicated.

7. Whenever fees are to be paid, the fees shall be paid at such time as established by the conditions of approval for the project. Payment may be required prior to approval of a final map if the fees are to reimburse the city for expenditures previously made, or if the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the city has adopted a proposed construction schedule or plan. Payment shall be made to the city of Highland and may be deferred in the case of a subdivision, but only to the submission date of the final map to the city council.

8. Whenever land has been conveyed or fees paid to the city as a condition of approval of a subdivision, and a final map for the subject subdivision is not recorded, or, if recorded, the land is thereafter reverted to acreage, the city may at its option either reconvey all land dedicated to it or repay all fees paid without interest or allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other mutually agreeable arrangements with the subdivider.

D. Determination of Land Dedication and Payment of Fees. When the conditions of approval for a subdivision or other residential development subject to the provisions of this section require the dedication of land, the payment of fees, or both, the conditions shall be based on the following:

1. The natural features of the area; available access; the location, size and shape of the land available for dedication; the feasibility of dedication; the location of existing and proposed park sites and trailways; and the compatibility of the dedication with the Highland general plan.

2. For subdivisions or residential developments containing 50 parcels or less only the payment of fees is required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units the dedication of land may be required even though the number of parcels may be less than 50. Nothing herein shall prevent the city from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this subsection.

3. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider or developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

4. The amount and location of the land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or other residential development.

5. The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the number of persons per unit by the ratio which the number of acres of park land required for each 1,000 persons bears to 1,000 (i.e., .0025). The average number of persons per unit shall be the most recent such average established by the Department of Finance of the State of California, or by Southern California Association of Governments.

6. Whenever land is dedicated pursuant to this subsection, the subdivider or developer shall, without credit and without cost to the city, provide the following for the benefit of the land dedicated:

a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land.

b. Block wall fencing along the property lines of the subdivision which are contiguous to the park.

c. Improve the drainage through the park site.

d. Minimal physical improvements, not including recreational facilities, building or equipment, which the community development director determines are necessary for acceptance of the land for park and recreational purposes.

e. Access to the park and recreational facilities from an existing or proposed public street, unless the community development director determines that such access is unnecessary for maintenance of the park areas or use of the park by the residents of the area.

f. Grading and drainage improvements, and irrigation and planting improvements as required by this title. All land to be dedicated and improvements to be made shall be approved by the city prior to the approval or disapproval of a subdivision by the city.

g. No grading, drainage, irrigation, planting, street or utility improvements required under this subsection shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this chapter.

h. Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:

i. The fee shall be established by resolution of the city council, and the fee shall bear a reasonable relationship to the value of land which would otherwise be required if land dedication were being made. The periodic fee resolutions implementing this title may phase the amount of the fees on an incremental basis over a reasonable period of time not to exceed three years from the effective date of this title so that during the initial three years, the fees will gradually be increased to 100 percent value. Thereafter, the fees established by the city shall bear a reasonable relationship to a standard of determination calculated by multiplying the number of acres of land which would otherwise be required to be dedicated pursuant to this subsection by the per-acre fair market value of the improved value of the subdivision. During the three-year period when fees are being phased up to, but less than, their ultimate full value, the percentage of any land required to be dedicated, and the percentage of any applicable credits for private park and recreational areas as hereinafter described, shall be comparable to the percentage of fees then being paid.

ii. Following the period when the amount of the fees are phased as described in subsection (D)(6)(h)(i) of this section, when determining the fair market value of land within a subdivision, the zoning of the property when the fee is paid and the value of the land as an improved and developed subdivision, not as raw acreage, shall be used. If agreement on the fair market value cannot be reached between the city and the subdivider or developer, the subdivider or developer may, at his own expense, obtain three appraisals of the property, subject to approval by the city of at least one independent appraiser. The highest of the three appraisals shall be accepted as the fair market value.

iii. Whenever fees are paid pursuant to this section, the city shall deposit them into a separate subdivision park fund. All fees paid may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes. Fees shall be expended for use only within the boundaries of the city of Highland.

iv. The subdivider or developer may receive a credit against fees as follows:

(A) A credit may be given against the requirements for the payment of fees or the dedication of land required by this subsection for the reasonable value of park and recreation improvements provided by the subdivider or developer, and approved and accepted by the city. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map or equivalent for other residential projects not involving a subdivision.

(B) A credit may be given where private areas for park and recreational purposes are provided in a subdivision or other residential development, when such areas are for active recreational uses, are to be privately owned and are to be maintained in common by the future owner(s) of the development. Upon approval by the city, such areas may be credited against a maximum 50 percent of the requirement of land dedication or fees. Approval of such credits shall be based on a determination by the city that it is in the public interest to allow such credits, and that all of the following standards have been met or will be met prior to approval of the final map or development permit:

(1) That yards, court areas, setbacks, and other open space areas, which are required to be established and maintained by other provisions of this title, are satisfactorily incorporated into the project design;

(2) Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;

(3) That the use of the private area is restricted to park and recreational purposes by an open space easement or other instrument in favor of, or enforceable by, the city;

(4) That the proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

(5) That the private recreational areas can be utilized by project residents in a manner which would reduce the need for public recreational facilities in proportion to the requested park land credit.

i. Land which has been dedicated and accepted by the city may be sold by the city if the subdivider or developer has not begun substantial construction on the subdivision or development within two years after recordation of the final map, or equivalent final project approval if a subdivision is not involved, and the city determines that another site would be more suitable for park or recreational facilities. The proceeds from the sale of the dedicated land must be used for the purchase or improvement of the more suitable site.

j. All fees collected pursuant to this subsection shall be committed by the city to develop park or recreation facilities to serve residents of the subdivision or other residential development if a subdivision is not involved. Such commitment shall be made within five years after receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, or other residential development if a subdivision is not involved, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the land from which fees were collected in the same proportion that the size of their lot bears to the total area of all lots in the original area for which fees were collected.

k. The commitment required by Section 66477(f) of the Government Code for using fees collected by the city pursuant to this subsection shall be the applicable annual budget of the city of Highland unless the city adopts a separate schedule. (Ord. 307 § 36, 2006; Ord. 270 § 8, 2001; Ord. 171 § 10.200, 1994)

16.40.210 Parking requirements.

Off-street parking facilities shall be provided as per the requirements of Chapter 16.52 HMC. (Ord. 171 § 10.210, 1994)

16.40.220 Permitted uses.

Permitted uses shall be limited to those uses which are specifically listed in this title as being allowed in the district within which the property is located. In addition to those uses which are specifically listed, the planning commission may permit other uses which are determined to be similar to, and no more objectionable than, a permitted use listed within a given district. (Ord. 171 § 10.220, 1994)

16.40.230 Permitted outdoor uses.

Repealed by Ord. 213. (Ord. 171 § 10.230, 1994)

16.40.240 Public access to open space and recreation areas.

In any subdivision, or other development application wherein any lots border a public open space or recreation area, including but not limited to a national forest, wildlife preserve, or lake, pedestrian access to such areas shall be dedicated or permanently preserved. (Ord. 171 § 10.240, 1994)

16.40.250 Reservation of lands for public facilities.

A. The city may require that areas of real property within a subdivision or other residential, commercial, or industrial development be reserved for parks and recreational facilities, fire stations, libraries, or other public uses subject to the following conditions:

1. The proposed use of the land reserved is in accordance with general plan policies and standards, any adopted specific plans, and all other provisions of this title.

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

3. The amount of land reserved will not make development of the remaining land held by the subdivider or developer economically unfeasible.

B. The provisions of this section shall only apply to those subdivisions and other development applications which were filed and accepted by the city no more than 30 days prior to the effective date of the ordinance codified in this title.

C. The city shall, at the time of approval of the final map, parcel map, or approval of other residential, commercial, or industrial development, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map or other development request plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the city fails to enter such a binding agreement the requirement of reservation shall automatically terminate. (Ord. 171 § 10.250, 1994)

16.40.260 Reflective material.

A. Roofing materials which will be visible to the public from adjacent streets or property shall be of a nonreflective composition.

B. Within commercial zone districts, at least 50 percent of the ground floor facade on the primary street frontage of structures used for retail commercial purposes shall provide visibility into the interior of the building. Glazing on said street frontages shall be a clear or lightly tinted type. (Ord. 171 § 10.260, 1994)

16.40.270 Relocated structures.

Structures may be relocated from one parcel to another subject to the following requirements:

A. Upon relocation of a structure to a new parcel, the parcel, including the relocated structure, shall comply with all regulations of this title including all development standards, regulations, and restrictions for the use and the district in which the structure is to be relocated, including but not limited by this reference to building height, setback, parcel coverage, and unit density requirements.

B. The structure proposed to be moved or relocated shall be placed and/or reconstructed in the district within which it is to be located under all existing standards, regulations and restrictions.

C. Construction of the residential structure proposed to be moved or replaced shall commence within 30 days, and shall be completed within 365 days, of the date the structure is relocated onto the property.

D. Prior to issuance of a building permit, a “notice of intent to relocate,” approved as to form by the building official, shall be posted on the property proposed to contain the relocated structure for a minimum period of one week. (Ord. 171 § 10.270, 1994)

16.40.280 Screening requirements.

A. Screening of Commercial and Industrial Uses. Wherever any building or structure is erected or enlarged on any property which is zoned for commercial or industrial purposes, and which abuts a residentially zoned parcel, screening shall be erected and maintained along the property line(s) abutting the residential zone(s) as required below.

1. The screening between commercial or industrial areas and adjacent existing or planned residential uses shall consist of a decorative masonry wall sufficient for sound attenuation, and shall have a minimum height of six feet on the commercial side of the wall. If the wall is required to be greater than six feet in height on the residential side, the planning commission may require that landscaping be provided on the residential side of the wall as necessary to reduce the visual obtrusiveness of the wall. If required, such landscaping shall be installed and maintained at the expense of developer of the commercial/industrial property.

2. In addition to the required wall, landscaping shall be provided on the commercial or industrial side of the wall sufficient to permit only intermittent visual obstruction to a height of 20 feet. The landscaping shall be designed so that, at maturity, the portion of the screen providing intermittent visual obstructions shall not contain any completely unobstructed openings greater than 10 feet in width.

B. Screening of Storage Areas. Where permitted, all outdoor storage of materials, wares, crates, bottles, or similar items necessary to, or part of, a permitted use within an industrial, commercial, or special district shall be screened from view on at least three sides by a solid opaque impact-resistant wall not less than five feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five feet in height or, alternatively, such other material or design approved by the planning commission.

C. Screening of Refuse Storage Areas. Outdoor trash receptacles for multiple-family and nonresidential uses shall be of sufficient size to accommodate the trash generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid decorative wall not less than five feet in height or, alternatively, such other material or design approved by the planning commission. The fourth side shall contain an opaque gate maintained in working order and remaining closed except when in use. (Ord. 341 § 14, 2009; Ord. 171 § 10.280, 1994)

16.40.290 Setback requirements.

Unless otherwise specified in this chapter, Chapter 16.44 HMC, Specific Use Development Standards, or Chapter 16.48 HMC, Performance Standards, front, side, and rear setbacks for structures shall be maintained as per the regulations of the district within which the structure is located. (Ord. 171 § 10.290, 1994)

16.40.300 Seismic hazards.

A. Investigation Required. In accordance with provisions of the Alquist-Priolo Special Studies Zone Act and the public health and safety element of the city of Highland general plan, a geologic investigation shall be required for any development proposal involving structures for human occupancy within the special study zone for the San Andreas Fault, as identified on the special studies zone maps prepared by the State of California Department of Conservation, as identified on the potential geologic hazards map in the city general plan. A “structure for human occupancy” is defined as any structure used or intended for supporting or sheltering any use or occupancy which is expected to have a human occupancy rate of more than 2,000 person-hours per year.

B. Exemptions. Exemptions from the provisions of this section may be granted under the following circumstances:

1. The proposal involves construction of single-family wood frame dwellings on parcels of land for which a geologic investigation has been previously prepared and approved.

2. The proposal involves a single-family wood frame dwelling not exceeding two stories when such dwelling is not part of a development of four or more dwellings. A mobilehome whose body width exceeds eight feet shall be considered to be a single-family wood frame dwelling not exceeding two stories.

3. The proposal is limited to an addition or an alteration to a structure which does not exceed 50 percent of the value of the structure prior to the proposed addition or alteration.

4. A waiver based upon a determination that there is no undue hazard of significant ground rupture. Waivers for proposals within the San Andreas Fault Zone must be submitted to and approved by the building official.

C. Requirements for Critical Facilities. Active faults may exist outside of identified hazard zones and, as such, geologic investigations shall be required in all instances for the following critical and high occupancy uses:

1. Those uses which manufacture, handle, or store hazardous or explosive materials;

2. Hospitals and other emergency medical facilities;

3. Police, fire and communications systems;

4. Emergency operations centers (EOCs);

5. Ambulance services;

6. Schools and other public assembly uses such as theaters, shopping malls, arenas, etc.;

7. Power plants;

8. Utility substations;

9. Dams;

10. Sewage treatment plants; and

11. Water works.

D. Geologic Investigation.

1. General. Geologic investigations submitted to the city for review shall be prepared by a geologist registered in the state of California and shall be reviewed for acceptance by a geologist registered in the state of California who is an employee or is under contract to the city. Copies of all geologic investigations shall be kept on file in the office of the city engineer. Further, all investigations involving proposals within the Alquist-Priolo Special Studies Zone shall be filed with the state geologist within 30 days following acceptance by the city engineer or designee.

2. Contents. Geologic investigations submitted to the city for review shall consider groundshaking as the greatest potential risk and shall include a thorough evaluation of potential hazards based upon soil types, slope stability, proximity to fault lines and expected magnitude. The following subjects shall be addressed, as appropriate, for any geologic investigation at known or suspected faults. When appropriate, the investigative methods listed below should be conducted beyond the limits of the site being investigated.

3. The text of the geologic investigation shall include the following as appropriate:

a. Purpose and scope of investigation.

b. Geologic setting.

c. Site description and conditions. Include information on geologic units, graded and filled area, vegetation, existing structures, and other factors that may affect the choice of investigative methods and the interpretation of data.

d. Methods of investigation:

i. Review of published and unpublished literature and records concerning geologic units, faults, groundwater barriers, and other factors.

ii. Stereoscopic interpretation of aerial photographs and other remotely sensed images to detect fault-related topography, vegetation and soil contrasts, and other lineaments of possible fault origin.

iii. Surface observation, including mapping of geologic and soil units and structures, geomorphic features, springs, deformation of manmade structures due to fault creep, both on and in close proximity to the site.

4. Subsurface investigation shall be conducted as appropriate and shall include the following:

a. Trenching and other extensive excavations to permit detailed and direct observation of continuously exposed geologic units and features that must be carefully logged.

b. Borings and test pits to permit collection of data on geologic units and ground water at specific locations. Data points must be sufficient in number and adequately spaced to permit valid correlations and interpretations.

5. Geophysical Investigations. Geophysical investigations are indirect methods that require a knowledge of specific geologic conditions for reliable interpretations. The types of equipment and techniques used should be described, which should include the following:

a. Seismic refraction;

b. Magnetic intensity;

c. Other methods as appropriate (e.g., electrical resistivity, seismic reflection, ground-penetrating radar, gravity).

6. Other methods should be included when special conditions permit, or requirements for critical structures demand, a more intensive investigation. These methods may include:

a. Aerial reconnaissance overflights;

b. Geodetic and strain measurements, microseismicity monitoring, or other monitoring techniques;

c. Radiometric analysis (14C, K-Ar), stratigraphic correlation (fossils, mineralogy), soil profile development, paleo-magnetism (magnetostratigraphy), or other age-dating techniques to identify the age of faulted or unfaulted units or surfaces.

7. Conclusions. The geologic report shall contain appropriate conclusions including the following:

a. Location and existence (or absence) of hazardous faults on or adjacent to the site;

b. Type of faults and nature of anticipated offset;

c. Probability of or relative potential for future surface displacement;

d. Degree of confidence in and limitations of data and conclusions.

8. Recommendations relating to the following shall be included in the geologic report:

a. Setback distances from hazardous faults, if appropriate;

b. Need for additional studies;

c. Risk evaluation relative to the proposed development.

9. The geologic report shall include references, illustrations, appendix and authentication described as follows:

a. References shall include:

i. Literature and records cited or reviewed; citations should be complete;

ii. Aerial photographs or images interpreted; list type, date, scale, source, and index numbers;

iii. Other sources of information, including well records, personal communications, and other data sources.

b. Illustrations – These are essential to the understanding of the report and to reduce the length of text. They shall include:

i. Location map – Identify site locality, significant faults, geographic features, regional geology, seismic epicenters, and other pertinent data.

ii. Site development map – Show site boundaries, existing and proposed structures, graded areas, streets, exploratory trenches, borings, geophysical traverses, and other data.

iii. Geologic map – Show distribution of geologic units (if more than one), faults and other structures, geomorphic features, aerial photo lineaments, and springs; on topographic map 1:24,000 scale or larger.

iv. Geologic cross-sections, if needed to provide three-dimensional picture.

v. Logs of exploratory trenches and borings – Show details of observed features and conditions; should not be generalized or diagrammatic profile and geologic structure at a 1:1 horizontal to vertical scale.

vi. Geophysical data and geologic interpretations.

c. Authentication shall include: signature and registration number of investigating geologist. (Ord. 171 § 10.300, 1994)

16.40.310 Signs.

Unless otherwise specified within Chapter 16.48 HMC, Performance Standards, signs shall comply with the provisions of Chapter 16.56 HMC, Sign Requirements. (Ord. 171 § 10.310, 1994)

16.40.320 Soil reports.

A. A preliminary soils report, prepared by a civil engineer, registered in the state of California and based upon adequate test borings, shall be required for every subdivision for which a final tract or final parcel map is required, and may be required by the city engineer for other development applications. The preliminary soils report requirement may be waived if the city engineer finds that sufficient knowledge exists as to the qualities of the soils located on the development site.

B. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot, parcel, or building site in the subdivision or development may be required. Such soils reports must be performed by a civil engineer registered in the state of California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where an identified soils problem exists.

C. The subdivision, or other recommended development or any portion thereof, where such soil problems exist may be approved if it is determined by the city engineer that the action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be subject to the inclusion of such recommended actions within the construction of each structure involved.

D. All soils reports prepared specifically for subdivisions shall be kept on file for public inspection by the city, pursuant to the provisions of Section 66434.5 of the Subdivision Map Act. (Ord. 171 § 10.320, 1994)

16.40.330 Solar energy design.

A. Purpose and Intent. These provisions are intended to incorporate, to the extent feasible, passive heating and cooling opportunities into the design or modifications of residential, commercial, and industrial developments. They are further intended to ensure that solar energy systems in residential, commercial, and industrial areas do not detract from the appearance of the surrounding neighborhood.

B. Design Requirements.

1. Active Solar Design. Notwithstanding any provisions included in this title related to screening roof-mounted equipment, the following standards shall apply to the design of all solar energy systems:

a. To the extent practical, roof-mounted solar collectors shall be placed in the location least visible from a public right-of-way without significantly reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted solar collectors shall be screened from public view at street level.

b. When feasible, collectors shall be integrated into the design of the building. Structural support for the collectors shall be screened in a manner that is compatible with the design of the building.

c. Appurtenant equipment, including plumbing and related fixtures, shall be installed in an attic or basement, where feasible.

d. Large accessory fixtures which must be exposed (e.g., storage tanks) shall be screened where possible through architectural features that harmonize with other design elements of the structure.

e. Storage tanks shall not be located in any required front or side yards except as permitted by HMC 16.40.030(A)(4), and they shall be screened from view from any public right-of-way.

f. Exterior collector surfaces shall have a matte finish, and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure.

g. Any pool or spa facilities other than those intended for a single-family detached residence shall be provided with a solar cover or solar water heating system.

C. Passive Solar Design in Accordance with Section 66473.1 of the Subdivision Map Act.

1. The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, or other development, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities in subdivision design, or within other development include, but are not limited to:

a. Design of lot size and configuration to permit orientation of structures in an east-west alignment for southern exposure.

b. Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

2. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision or within other residential, commercial, or industrial development for which a subdivision is not involved, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design and improvement requirements. However, such provisions shall not result in reducing allowable densities or the applicable planning and zoning regulations in force at the time the tentative map or other development is filed.

3. The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added. (Ord. 171 § 10.330, 1994)

16.40.340 Storage.

The following outdoor storage regulations shall apply in addition to any other standards and requirements of the various districts established by this title:

A. No storage, repair work, dismantling, or service of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or building materials shall be permitted in any required front setback or street side yard of any property unless otherwise permitted by this code. All long-term outdoor storage shall be screened from view.

B. In any residential district, no portion of any vacant or undeveloped parcel, or a parcel where no main building exists, shall be used for long-term storage of the items listed above.

C. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises. (Ord. 213 § 8, 1996; Ord. 171 § 10.340, 1994)

16.40.350 Street lighting and tree planting.

A. Street Lighting.

1. The provision of street lights shall be required for all tentative tract maps and other residential, commercial, or industrial developments. The street lights shall be placed in accordance with improvement standards approved by city council.

2. At a minimum, a subdivider or developer of a residential, commercial, or industrial development shall construct or enter into an agreement to construct, prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of a utility-owned ornamental system consisting of standard ornamental electroliers customarily furnished by the utility or other design approved by the utility and the city engineer; or

3. The subdivider or developer of a residential, commercial, or industrial development shall be liable for and shall pay charges of such utility attributable to such installation.

4. Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or as approved by the serving utility and the city engineer.

B. Front Yard Tree Planting. The planting of front yard trees shall be required pursuant to the provisions of Chapter 16.64 HMC, Environmental Management. (Ord. 171 § 10.350, 1994)

16.40.360 Subdivision design criteria.

A. General.

1. All subdivisions within the city of Highland shall be in conformance with the city’s general plan, and applicable specific plans, the requirements of the Subdivision Map Act, and the provisions of this title.

2. Subdivision design shall ensure that improvement of the subdivision will not cause substantial environmental damage; substantially or avoidably injure fish or wildlife or their habitat; cause serious health problems; or conflict with easements acquired, by the public at large, for access through or use of the property within the subdivision.

B. Lot Configuration.

1. Lot size shall not be less than the minimum required by the zoning district applicable to the subject property, and shall be consistent with the city’s general plan.

2. Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.

3. Lots having a size of less than two acres shall not have double street frontage except where the topography requires, lots may abut two or more streets; provided, that the lot frontage and vehicular access is from only one such street frontage.

4. Lots located at the end of cul-de-sacs shall be so designed such that the street shall be extended to the side yard, side property lines of all adjacent lots unless otherwise approved by the approving authority to ensure that adequate on-street parking is available to the adjacent dwelling units.

C. Dry Sewers. If a subdivision is filed that proposes a dwelling density of two or more lots per acre, and connection to a wet sewerage system is not required, the installation of a dry sewer system may be required in accordance with the following:

1. The agencies that provide sewerage collection and treatment services within the city have plans that include the area being subdivided and an implementation program for the wet sewer system that would serve the area within a reasonable period of time, and the serving agency has agreed to serve the subdivision.

2. The subdivider has contacted and has secured a letter of approval from the agency that will have the ultimate responsibility for acceptance of the sewage treatment and disposal thereof and the maintenance of the proposed dry and wet sewer lines. The approval letter shall be submitted to the city as required by the conditions of approval.

3. Installation of the sewer mains, laterals and connections shall be completed prior to the installation of street improvements.

D. Required Access. No subdivision final map or parcel map shall be recorded or developed unless public access is provided from the subdivision to a city, county, state or federal road that is maintained for public use except as provided by the city engineer below.

The requirement for public access may be waived under the following circumstances:

1. If a parcel map creates four or less parcels and public access over intervening lands cannot be offered for dedication, a private road easement may be approved, provided:

a. The land to be divided is not zoned for commercial, industrial, or multiple-residential use;

b. No parcel under one acre in size is created or only two additional parcels are being created;

c. The access easement is recorded and not less than 20 feet in width; and

d. The access easement owned by the subdivider is not an exclusive easement or specifically written to prohibit further division of the land.

2. If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedication, a private road easement may be approved provided said easement grants the new lots or development area unrestricted access rights to the existing private streets.

3. Public access is not required if each parcel created in a subdivision is 40 acres or more, or is a quarter of a quarter section.

E. Exclusions.

1. Any contiguous property that is owned by a subdivider may be included within the boundaries of a subdivision when necessary or desirable in the design or improvement of the subdivision.

2. Any contiguous property that is owned by a subdivider, but not included within the boundaries of the subdivision, shall be of such size and shape as to conform to the provisions of this title, the city’s general plan, or any adopted specific plan; otherwise it shall be included within the boundaries of the subdivision. (Ord. 270 § 9, 2001; Ord. 171 § 10.360, 1994)

16.40.370 Supplemental size of improvements.

The city may require that improvements, installed by a subdivider or developer for the benefit of the subdivision or other development, contain supplemental size, capacity, or number, for the benefit of property not within the subdivision, and that such improvement be dedicated to the public pursuant to Sections 66485 and 66486 of the Subdivision Map Act. (Ord. 171 § 10.370, 1994)

16.40.380 Underground utilities.

A. Requirement for the Underground Installation of Utility Lines. Except as provided in this title, all new and existing overhead utility lines shall be installed underground in conjunction with development projects. Said undergrounding of existing utility lines shall include, but not be limited to, all electrical distribution lines of 34,500 Volts (V) or less, telephone, cable television, communication, street light service lines, and similar overhead utility lines, which are located:

1. Within the boundaries of the property being developed.

2. Along the street frontages of the property being developed. This includes street frontages along the front, back, and sides of the property.

B. Responsibility for Compliance. Arrangements, including the payment of all costs for undergrounding, shall be made by the developer with the serving utilities.

C. Timing of Compliance. Undergrounding shall be completed:

1. Prior to the inspection approval of related street improvements; or

2. Prior to building occupancy if no related street improvements are required.

D. Facilities Exempt from Underground Utility Requirements. The following utility facilities are exempt from the underground utility requirements:

1. Temporary overhead utility lines may be permitted and installed to the satisfaction of the building official for the period during which authorized construction is continuing. All such temporary overhead utility lines shall be removed prior to building occupancy.

2. Appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, may be placed above ground subject to the prior written approval of the city engineer.

E. Projects Exempt from Underground Utility Requirements. The following projects are exempt from the underground utility requirements of this chapter:

1. New residential development projects that contain less than five dwelling units.

2. Residential building replacement/alteration/expansion projects that contain less than five dwelling units.

3. New nonresidential development projects which do not have any street frontage on any of the following major roadways: 3rd Street, 5th Street/Greenspot Road, 9th Street, Base Line, Pacific Street, Highland Avenue, Tippecanoe Avenue, Del Rosa Drive, Sterling Avenue, Victoria Avenue, Palm Avenue, Boulder Avenue and Church Street.

4. Nonresidential replacement/alteration/ expansion projects that do not increase the size of the existing building or outdoor storage by 50 percent or more.

F. Payment of Construction In-Lieu Fee.

1. For projects that are required to construct undergrounding of existing utilities, the city engineer may require or allow a payment of fee in lieu of construction. The city engineer’s determination shall consider factors such as site conditions and order of development, etc.

2. The amount of the utility construction in-lieu fee shall be based on unit costs to underground various types of utilities as established by city council resolutions.

G. Nonconforming Structures. Buildings and structures which, on the effective date of the ordinance codified in this title, or any subsequent amendments thereto, are nonconforming in regard to above-ground on-site utility lines and structures, may continue to be used. In the event a new development project or a building replacement or expansion project located within the property is required to underground existing overhead utilities under the provisions of this section, all nonconforming above-ground on-site utility lines and utility structures within the property shall be installed underground.

H. Appeals. An appeal, along with the appropriate fee, may be submitted to the city council for consideration of waiving all or portions of the requirements of this section due to topographic conditions, soil or other factors that render utility undergrounding unreasonable or impractical. All appeals shall be in writing and shall state the reason why utility undergrounding is unreasonable or impractical. Appeals shall include a preliminary estimate of cost, in writing, from the serving utilities. (Ord. 434 § 2, 2019; Ord. 341 § 15, 2009; Ord. 315 § 2, 2007; Ord. 171 § 10.380, 1994)

16.40.390 Water efficient landscape requirements.

A. Intent and Purpose. The purpose of the Highland water efficient landscape ordinance is:

1. That this section be at least as effective in conserving water as the model ordinance drafted by the California Department of Water Resources pursuant to Assembly Bill AB1881;

2. To assure beneficial, efficient, and responsible use of water resources for all customers/users within Highland;

3. To recognize that landscapes enhance the aesthetic appearance of developments and communities;

4. To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;

5. To preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible;

6. To promote and encourage the use of low water use plants;

7. To minimize the use of cool-season turf;

8. To promote the conservation of potable water by maximizing the use of recycled water and other water-conserving technology for appropriate applications;

9. To promote public education about water conservation and efficient water management;

10. To reduce or eliminate water waste.

B. Definitions.

“Amendments” shall mean any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.

“Anti-drain check valve” shall mean a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

“Application rate” shall mean the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour.

“Applied water” shall mean the portion of water supplied by the irrigation system to the landscape.

“Automatic rain shut-off feature” shall mean a system with a component which automatically suspends the irrigation system event when it rains.

“Botanical gardens and arboretums” shall mean gardens in which a variety of plants are grown for scientific and educational purposes.

“Certified landscape irrigation auditor” shall mean a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.

“Conceptual landscape plan” shall mean the portion of a landscape application that includes a design statement, irrigation notes, planting notes, the plant palette, and conforms with the requirements of this section.

“Control valve” shall mean a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.

“Controller” shall mean an automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).

“Discretionary permit” shall mean any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or disapproval.

“Ecological restoration project” shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Estimated annual applied water use” or “EAWU” shall mean the portion of the estimated total water use that is derived from applied water. The estimated applied water use shall not exceed the maximum applied water allowance.

The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA. See the water efficient landscape worksheet.

ETWU = (ETo)(0.62)[(PFxHA)/(IE)+SLA]

where:

ETWU = Estimated total water use per year (gallons)

ETo for Highland = 55.6

PF = Plant factor from WUCOLS (see “Plant Factor”)

HA = Hydrozone area [high, medium, and low water use areas] (sq. ft.)

SLA = Portion of the landscape area identified as special landscape area (sq. ft.)

0.62 = Conversion to gallons per square foot

IE = Irrigation Efficiency (minimum 0.71)

Estimated Total Water Use = ________ gallons

“ET adjustment factor” (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7) = (0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing nonrehabilitated landscapes is 0.8.

“Evapotranspiration rate (ETo)” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

“Hydrozone” shall mean a section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated.

“Infiltration rate” shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).

“Invasive species” shall mean nonindigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically.

“Irrigation efficiency” shall mean the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this section is 0.71.

“Irrigation system” shall mean the network of piping, valves and irrigation heads.

“Landscape application” shall mean the complete packet of documents required under this section to be submitted to the community development department. The landscape application shall include the conceptual landscape plan and landscape construction plans (irrigation plan, plant and soils plan, water management plan).

“Landscape architect” shall mean a person licensed to practice landscape architecture in this state pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.

“Landscape construction plans” shall mean the portion of a landscape application that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of this section.

“Landscape water audit” shall mean an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to: inspection, system tune-up, system test with distribution uniformity and verification of minimal overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

“Low-head drainage” shall mean drainage from a sprinkler that is caused by water flooding down an irrigation system from a higher level of elevation.

“Maximum applied water allowance” or “MAWA” shall mean the upper limit of annual applied water for the established landscaped area. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. See water efficient landscape worksheet.

The project’s maximum applied water allowance shall be calculated using this equation:

MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)]

where:

MAWA = Maximum applied water allowance (gallons per year)

ETo for Highland = 55.6

ET adjustment factor (ETAF) = 0.7

LA = Landscaped area includes special landscape area (sq. ft.)

0.62 = Conversion to gallons per square foot

SLA = Portion of the landscape area identified as special landscape area (sq. ft.)

0.3 = additional ET adjustment factor for special landscape area (1.0 – 0.7 = 0.3)

Maximum applied water allowance = gallons per year

Example MAWA for landscaped area of 10,000 sq. ft.

(54.6)(0.7)(10,000)(0.62) = 236,964 gallons per year (MAWA)

“Mulch” shall mean any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.

“Operation pressure” shall mean the pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler.

“Overspray” shall mean the water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures or other nonlandscaped areas.

“Plant factor” or “plant water use factor” shall mean a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this section, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this section are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species.”

“Planting plan” shall mean the plan submitted with the construction plans indicating a list and quantity of plants.

“Potable water” shall mean water meant for human consumption that is treated to legal standards for human consumption.

“Pressure regulator” shall mean a device used in sprinkler systems for radius and high pressure control.

“Project net landscape area” or “landscaped area” or “landscape project area” shall mean all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

“Rain sensor” shall mean a system component which detects rainfall and automatically overrides the irrigation system during rain events.

“Recycled water” shall mean water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

“Rehabilitated landscapes” shall mean any re-landscaping project that requires a permit, plan check, or design review, and meets the requirements of subsection C of this section.

“Runoff’ shall mean water that is not absorbed by the soil or landscape to which it is applied and flows from the area.

“SMART irrigation controller” shall mean a weather-based or soil-moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.

“Soil management plan” shall mean the plan submitted with the construction plans indicating results from soil tests and recommended soil amendments.

“Soil test” shall mean the test done by a soil test lab that indicates at minimum soil texture, water holding capacity, pH, and soluble salts.

“Soil type” shall mean the classification of soil based on the percentage of its composition of sand, silt, and clay.

“Special landscape area” shall mean an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, and golf courses, where turf provides a playing surface.

“Sprinkler head” shall mean a device which delivers water through a nozzle.

“Static water pressure” shall mean the pipeline or municipal water supply pressure when water is not flowing.

“Turf’ shall mean a surface layer of earth containing mowed grass or grass-like sedge with its roots; a groundcover surface of mowed grass or grass-like sedge. Turf includes, but is not limited to, the following plant types: annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, tall fescue, Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and buffalo grass.

“Water-conserving landscape design” shall mean a landscape design developed to conserve water.

“Water efficient landscape worksheet” shall mean the worksheet which calculates a site’s water budget. See landscape application.

“Water feature” shall mean any water applied to the landscape for nonirrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features.

“Water management plan” shall mean the plan submitted with the construction drawings as part of the landscape documentation package.

“Water schedule” shall mean the schedule of irrigation times throughout a given year.

C. Applicability. This section shall apply to all of the following landscape projects:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

2. New construction and rehabilitated landscapes which are developer-installed residential projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

3. New construction which are homeowner-installed residential projects with a total project net landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check, or design review;

4. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall prepare a water efficient landscape worksheet, landscape and irrigation maintenance schedule, and irrigation audit, survey and water use analysis;

5. Special landscape areas, such as areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play, shall prepare a water efficient landscape worksheet and landscape application according to the specifications for special landscape areas.

D. Exemptions. This section does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Botanical gardens and arboretums open to the public.

E. Landscape Design and Plant Requirements. A landscape application prepared by a licensed landscape architect shall include the following landscape design criteria:

1. Plant Selection and Grouping.

a. Any plant may be used in the landscape, providing the ETWU does not exceed the MAWA and that the plants meet the specifications set forth in subsections (E)(1)(b), (c) and (d) of this section.

b. Plants having similar water needs shall be grouped together in distinct hydrozones.

c. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged.

d. Minimize the Use of Turf. Turf areas shall be used wisely in response to functional needs and shall not exceed the MAWA. Where turf is installed, the use of warm-season turf is strongly encouraged.

e. Fire prevention needs shall be addressed in areas that are fire-prone.

f. Invasive species of plants should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.

g. Encourage the appropriate use of mulch within developed landscapes to retain moisture.

2. Water Features.

a. Recirculating water systems shall be used for decorative water features.

b. Where available, recycled water shall be used as the source for water features (excluding swimming pools and spas).

c. The surface area of a water feature will be included in the maximum applied water allowance (MAWA) calculation with the evaporation rate equivalent to that of a high water use plant.

F. Irrigation Requirements.

1. All irrigation systems shall be designed to prevent runoff, over-spray, low-head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible.

2. Dedicated (separate) landscape water meters shall be installed for all projects greater than 5,000 square feet, except for single-family residences (authority cited: Statutes of 2006, AB 1881, Chapter 559, Article 44.5, Section 535). Dedicated landscape water meters are highly recommended on landscape areas less than 5,000 square feet to facilitate water management.

3. All irrigation systems shall include:

a. A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions, shall be required. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas; top of slope separate from toe of slope);

b. Anti-drain check valves shall be installed to prevent low-head drainage in sprinkler heads;

c. A pressure regulator when the static water pressure exceeds the maximum recommended operating pressure of the irrigation system; and

d. A rain sensor with an automatic rain shutoff feature shall be required.

G. Soil and Grading Requirements.

1. Soil testing shall be performed after mass grading, prior to landscape installation to ensure the selection of appropriate plant material that is suitable for the site, and reported in a soil management plan. The soil management plan shall include:

a. Determination of soil texture, indicating the available water holding capacity;

b. An approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate;

c. Measure of pH and total soluble salts; and

d. Recommended amendments.

2. Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy the city grading ordinances and be submitted as part of the landscape application.

H. Implementation.

1. Applicants subject to the requirements of this section shall submit a complete landscape application to the community development department. The application form shall be created by the community development director, or designee, and may be updated from time to time to ensure all applicants comply with the provisions of this section. The application may be submitted in two parts: a conceptual landscape plan, which is submitted with a discretionary permit application or when otherwise required by the city, and landscape construction plans, submitted as a ministerial application. All applications and plans shall conform to the plant, irrigation, and water budget formula requirements set forth in this section and the landscape application.

a. The conceptual landscape plan shall include:

i. Design statement, irrigation notes, planting notes and a conceptual plant palette identifying proposed hydrozones;

ii. MAWA calculation for the landscape project area.

b. Landscape Construction Plans. All applications subject to the requirements of this section shall include landscape construction plans that comply with the design standards and specifications contained in this section. The construction plans shall be in compliance with the conceptual landscape plan.

All landscape construction plans shall include an irrigation plan, a planting and soils plan, and a water management plan with detailed notes and legends necessary for a complete landscape plan review.

If the construction plans differ significantly from the conceptual landscape plan (as determined by the community development director), the applicant must resubmit an overall water budget calculation in accordance with the landscape application.

2. Irrigation Plan. The irrigation plan shall be a separate document from the planting and soils plan. The irrigation plan shall be prepared in accordance with the requirements of this section and include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply.

3. Planting and Soils Plan. The planting plan shall include, but not be limited to:

a. A description of any existing plant material to be retained or removed.

b. A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas.

c. A legend listing the common and botanical plant names and total quantities by container size and species.

d. A description of the seed mixes with application rates and relevant germination specifications.

e. Soil management plan, including the soil test results and recommendations.

f. The grading plan shall be submitted for reference.

4. Water Management Plan. A water management plan shall be prepared in accordance with the requirements of this section. The plan shall include:

a. An introduction and statement of site conditions as described above, or a landscape concept plan.

b. Identification of the party(ies) responsible for implementation of the water management plan.

c. The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor.

d. A description of the water delivery systems, including the type of irrigation system to be used, water conservation methods to be applied, and precipitation rates for each hydrozone.

e. Seasonal irrigation water schedules or procedures for programming of proposed SMART controllers.

f. A maintenance plan for the ongoing operation and maintenance of the irrigation system.

g. All applications for model homes shall include the nature of public information documents and signage that will be placed at model homes describing water conservation principles used in the landscaping for the model home.

I. Compliance/Enforcement. The community development director or designee shall have the duty and authority to administer and enforce this section.

1. Prior to the issuance of a permit, a complete landscape application prepared by an independent licensed landscape architect shall be submitted to the community development department for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this section. Any application submitted without the signature of a licensed landscape architect shall not be accepted for review.

2. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this section, a certificate of completion shall be submitted to the community development director certifying that the landscaping has been completed in accordance with the approved landscape construction plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate that:

a. The landscaping has been installed in conformance with the approved landscape construction plans;

b. The SMART irrigation controller has been set according to the irrigation schedule;

c. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and

d. A copy of the irrigation schedule has been given to the property owner.

3. Upon notice of the applicant, the community development director or designee shall have the right to enter the project site to conduct inspections for the purpose of enforcing this section before, during and immediately after installation of the landscaping.

4. A copy of the completed landscape application shall be filed with the city. If the property is found to be in excess of their established MAWA, the property shall be subject to a landscape water audit. The landscape water audit shall be reviewed by the city’s landscape architect for consistency with the ETWU. The property owner shall be required to implement the recommendations of the landscape water audit within a timeline determined by the community development director or their designee.

5. Irrigation Water Use Analyses and Irrigation Audits.

a. This section shall apply to all existing landscapes that were installed before January 1, 2010, and are over one acre in size.

i. For all landscapes that have a water meter, the city of Highland shall administer programs that may include, but not be limited to, irrigation water use analyses and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

ii. For all landscapes that do not have a meter, the city of Highland shall administer programs that may include, but not be limited to, irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

b. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

c. All irrigation audits shall be reviewed by the city’s landscape architect.

d. The property owner shall be required to implement the recommendations of the landscape water audit within a timeline determined by the community development director or their designee.

e. The property owner shall conduct and come into compliance with the irrigation audit and irrigation water use analysis they are required to perform within one year from the date of notice to proceed from the city.

J. Recycled Water.

1. The installation of recycled water irrigation systems (i.e., dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted by the city engineer stating that recycled water will not be available in the foreseeable future.

2. Irrigation systems shall make use of recycled water unless a written exemption has been granted stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future.

3. The recycled water irrigation systems shall be designed and operated in accordance with all local agency and state codes.

K. Stormwater Management.

1. Stormwater management combines practices to minimize runoff and water waste to recharge groundwater and to improve water quality. Implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff and increase retention and infiltration are highly recommended on site.

2. Project applicants shall refer to the local agency or regional water quality control board for information on any stormwater ordinances and stormwater management plans. (Ord. 350 § 2, 2010; Ord. 171 § 10.390, 1994)

16.40.400 Solid waste reuse and recycling regulations.

A. Purpose and Intent. Cities and counties must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities, pursuant to Chapter 18, Part 3 of Division 30 of the Public Resources Code (California Solid Waste Reuse and Recycling Access Act of 1991).

Diverting 50 percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This section has been developed to meet that need.

B. General Requirements.

1. Any new development project for which an application for a building permit is submitted shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

2. Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

3. Any existing development project for which an application for a building permit is submitted for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

4. Any existing development project for which an application for a building permits is submitted for multiple alterations which are conducted within a 12-month period which collectively add 30 percent or more to the existing floor areas of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

5. Any existing development project for which multiple applications for building permits are submitted for multiple alterations which are subsequently performed that collectively add 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

6. Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

7. Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for multiple alterations which are conducted within a 12-month period which collectively add 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling area shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

8. Any existing development project occupied by multiple tenants, one of which submits multiple applications for building permits for multiple alterations which are subsequently performed that collectively add 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

9. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

C. Guidelines for all Development Projects.

1. Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

2. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

3. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety.

4. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

5. Driveways and/or travel aisles shall, at a minimum, conform to local building-code requirements for garbage collection access and clearance. In the absence of such building-code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

6. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

7. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.

D. Additional Guidelines for Single-Tenant Development Projects.

1. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

2. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

3. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area.

E. Additional Guidelines for Multiple-Tenant Development Projects.

1. Recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s).

2. Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling area(s).

3. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area should be located within the recycling area.

F. Location.

1. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety.

2. Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect, and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas. (Ord. 171 § 10.400, 1994)

16.40.410 Airport overlay zone and safety compatibility.

A. Intent.

1. The airport overlay zone and safety provisions are established to provide greater safety to both aviators and the general public by establishing requirements for land use compatibility reviews within designated areas in close proximity to an airport or heliport. Evolving air transportation services in the city of San Bernardino can potentially complement economic growth in Highland and create competitive advantages for its businesses. However, the nature of airport operations and their accompanying noise and safety hazards require careful land use planning on adjacent lands to ensure the safety of residents and passengers alike, and to protect Highland businesses and property owners to the greatest extent possible from the potential hazards that could be created by operation from the San Bernardino International Airport, especially by arriving and departing flights that fly over the southern portion of Highland. A small portion of Highland lies within an area designated as an Area of Special Compatibility Concern on the Redlands Municipal Airport Land Use Compatibility Plan.

B. Locational Requirements.

1. The airport overlay zone and safety provisions contained in this section shall apply to all future development near and around the San Bernardino International Airport. Refer to the Redlands Municipal Airport Land Use Compatibility Plan for further land use limitation near and around the Redlands Municipal Airport.

2. The area subject to these overlay zone and safety provisions shall be determined by consulting the city’s official zoning map for the incorporated area of the city of Highland, county of San Bernardino, state of California, which sets forth the symbols and the boundaries of the airport overlay zones as defined in this section.

C. Airport Overlay Zone and Safety Compatibility Criteria. Airport overlay zone and safety compatibility criteria shall be categorized as follows:

1. Airport Safety Zone A – Runway Protection Zone. Very High Risk Level.

2. Airport Safety Zone B1 – Departure/Inner Safety Zone. High Risk Level.

3. Airport Safety Zone B2 – Inner Turning Zone. Moderate Risk Level.

4. Airport Safety Zone C – Outer Safety Zone. Moderate Risk Level.

5. Airport Safety Zone D – Traffic Pattern Zone. Low Risk Level.

6. Airport Safety Zone E – Airport Influence Zone. Negligible Risk Level.

D. Identified in Table 16.40.410.A are those land uses or activities which may be permitted in each of the airport safety zones, 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 16.40.410 also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the airport safety zones.

1. Where the symbol “” appears in the column beneath an airport safety zone, the use shall be considered incompatible. Use shall not be permitted under any circumstance.

2. Where the symbol “C” appears in the column beneath an airport safety zone, the use shall be considered conditional. Use is acceptable if indicated floor area ratio (FAR), lot coverage, and other listed conditions are met.

3. Where the symbol “SR” appears in the column beneath an airport safety zone, the use is compatible. Use is acceptable without safety-related conditions (noise, airspace protection, and/or overflight limitations may apply).

4. Where the symbol “NA” appears in the column beneath an airport safety zone, the use is not applicable in that zone. Land in Zones A and B2 is outside the boundary of the city of Highland.

Table 16.40.410.A

Airport Overlay Zone and Safety Compatibility Criteria 

Maximum Nonresidential Intensity (People/Acre)

Safety Zones

Criteria for Conditional Uses

A

B1

B2

C

D

E

10

80

160

200

No Limit

Maximum Lot Coverage (%)

0

50

60

70

100

100

RESIDENTIAL USES

Residential, ≤0.2 du/acre (5+ acre lots)

NA

NA

SR

SR

 

Residential, >0.2, ≤4.0 du/acre

NA

NA

SR

SR

 

Residential, >4.0, ≤8.0 du/acre

NA

NA

SR

SR

 

Residential, >8.0, ≤16.0 du/acre

NA

NA

SR

SR

 

Residential, >16.0 du/acre

NA

NA

SR

SR

 

ASSEMBLY FACILITIES (>50 PEOPLE)

Indoor Major Assembly Room (capacity ≥1,000 people): major sports arena, concert halls

NA

NA

C

SR

D: Enhanced exiting capabilities required

Outdoor Major Assembly Facility (capacity ≥1,000 people): amphitheaters, stadiums, race tracks, fairgrounds, zoos

NA

NA

C

SR

D: No fixed seating with capacity ≥1,000 people

Indoor Large Assembly Room (capacity 300 to 999 people): sports arenas, theaters, auditoriums, assembly halls [approx. 15 sf/person]

NA

NA

SR

SR

 

Outdoor Large Assembly Facility (capacity 300 to 999 people)

NA

NA

SR

SR

 

Indoor Small Assembly Room (capacity 50 to 299 people): meeting rooms, dining halls, dance studios, places of worship [approx. 60 sf/person]

NA

NA

C (FAR .28)

SR

SR

C: FAR limits as indicated

Outdoor Small Assembly Facility (capacity 50 to 299 people): community swimming pools, group camps

NA

NA

C

SR

SR

C: Intensity limit as indicated at top of page; no fixed seating with capacity ≥300 people

OFFICE, COMMERCIAL, SERVICE, AND LODGING USES

Large Eating/Drinking Establishments in Freestanding Building (capacity >300 people) [approx. 60 sf/person]

NA

NA

C (FAR .30)

SR

SR

C: FAR limits as indicated

Mid-Size Eating/Drinking Establishments in Freestanding Building (capacity 50 to 299 people) [approx. 60 sf/person]

NA

NA

C

(FAR .30)

SR

SR

C: FAR limits as indicated

Small Eating/Drinking Establishments in Freestanding Building (capacity <50 people)

NA

NA

SR

SR

SR

 

Retail Shopping Centers [approx. 110 sf/person]

NA

NA

C (FAR .51)

SR

SR

C: FAR limits as indicated. No space with capacity ≥300 people

Retail Stores, no Restaurants [approx. 170 sf/person]

NA

NA

SR

SR

SR

 

Low-Intensity or Outdoor-Oriented Retail or Wholesale Trade: furniture, automobiles, heavy equipment, nurseries, lumber yards, boat yards [approx. 250 sf/person]

NA

NA

SR

SR

SR

 

Low-Hazard Storage: mini-storage, greenhouses

NA

SR

NA

SR

SR

SR

 

Office Buildings: professional services, doctors, financial, civic [approx. 215 sf/person]

NA

NA

C (FAR .40)

SR

SR

C: FAR limits as indicated

Misc. Service Uses: car washes, barbers, animal kennels, print shops [approx. 200 sf/person]

NA

NA

SR

SR

SR

 

Hotels, Motels (except conference/assembly facilities) [approx. 200 sf/person]

NA

NA

C (FAR .37)

SR

SR

C: FAR limits as indicated

Bed and Breakfast Establishments

NA

NA

C (FAR .37)

SR

SR

C: FAR limits as indicated

INDUSTRIAL, MANUFACTURING, AND WAREHOUSE USES

Processing and Storage of Bulk Quantities of Highly Hazardous Materials (tank capacity >10,000 gallons): oil refineries, chemical plants

NA

NA

C

C

D: Permitted agencies must comply with all federal, state, and local standards and shall evaluate need for special measures to minimize hazards if facility struck by aircraft.

Storage or Use of Hazardous Materials (flammable, explosive, corrosive, or toxic)

NA

C

NA

C

SR

SR

B1, C: Permitting agencies must comply with all federal, state, and local standards and shall evaluate need for special measures to minimize hazards if facility struck by aircraft.

Auto, Aircraft, Marine, Repair Services

NA

SR

NA

SR

SR

SR

 

Manufacturing [300 sf/person]

NA

C (FAR .55)

NA

C (FAR .55)

SR

SR

B1, C: FAR limits as indicated

Research and Development [215 sf/person]

NA

C (FAR .40)

NA

C (FAR .40)

SR

SR

B1, C: FAR limits as indicated

Industrial Outdoor Storage, except hazardous uses: public works yards, auto wrecking yards

NA

SR

NA

SR

SR

SR

 

Warehouses, Distribution Facilities

NA

SR

NA

SR

SR

SR

 

Gas Stations, Repair Garages

NA

SR

NA

SR

SR

SR

 

EDUCATIONAL AND INSTITUTIONAL USES

Colleges and Universities

NA

NA

SR

SR

 

Children Schools, K-12

NA

NA

SR

SR

 

Day Care Centers (>14 children)

NA

NA

SR

SR

 

Family Day Care Homes (≤14 children)

NA

NA

SR

SR

 

Hospitals, Health Care Centers, Mental Hospitals, Other Medical Facilities (except doctors’ offices) [approx. 240 sf/person]

NA

NA

SR

SR

 

Congregate Care Facilities (>5 clients): nursing homes, assisted living facilities [approx. 100 sf/person]

NA

NA

SR

SR

 

Public Emergency Services Facilities: police stations (except jails), fire stations

NA

NA

SR

SR

 

Public Inmate Facilities: prisons, reformatories

NA

NA

SR

SR

 

TRANSPORTATION, COMMUNICATION, AND UTILITIES

Airport Terminals

NA

SR

NA

SR

SR

SR

 

Transportation Terminals: rail, bus, marine

NA

NA

SR

SR

SR

B1: Allowed only if associated with airport access

Truck Terminals

NA

SR

NA

SR

SR

SR

 

Small Transportation Hubs: bus stops

NA

SR

NA

SR

SR

SR

 

Aircraft Storage

NA

SR

NA

SR

SR

SR

 

Automobile Parking Structures

NA

SR

NA

SR

SR

SR

 

Automobile Parking Surface Lots

NA

SR

NA

SR

SR

SR

 

Street, Highway Right-of-Way

NA

SR

NA

SR

SR

SR

 

Railroads, Public Transit Lines

NA

SR

NA

SR

SR

SR

 

Power Plants

NA

NA

C

C

C

C, D, E: No new sites or land acquisition; modification, replacement, expansion of facilities on existing sites allowed

Electrical Substations

NA

NA

SR

SR

SR

 

Emergency Communications Facilities

NA

C

NA

C

C

C

B1, C, D, E: No new sites or land acquisition; modification, replacement, expansion of facilities on existing sites allowed

Cell Phone Towers, Wind Turbines

NA

C

NA

C

SR

SR

B1, C: Shall not constitute a hazard to aviation

AGRICULTURE AND OTHER USES

Agricultural Lands: pasture, rangelands, field crops, grain crops, dry farming, vineyards

NA

SR

NA

SR

SR

SR

 

Agricultural Buildings: barns, feed lots, stockyards, riding stables

NA

SR

NA

SR

SR

SR

 

Wooded Areas: forests, tree farms, orchards

NA

SR

NA

SR

SR

SR

 

Lands with Low or No Vegetation: brush lands, deserts, beaches, flood hazard areas

NA

SR

NA

SR

SR

SR

 

Water: rivers, creeks, canals, wetlands, bays, lakes, reservoirs

NA

SR

NA

SR

SR

SR

 

Marinas (no group activities)

NA

SR

NA

SR

SR

SR

 

Large Group Recreation: team athletic fields, picnic areas

NA

NA

SR

SR

SR

 

Non-Group Recreation: golf courses, tennis courts, parks, camp grounds

NA

SR

NA

SR

SR

SR

 

Shooting Ranges

NA

NA

SR

SR

SR

 

Memorial Parks, Cemeteries (no places of assembly)

NA

SR

NA

SR

SR

SR

 

Wastewater Treatment and Disposal Facilities

NA

C

NA

C

SR

SR

B1, C: Shall not increase bird hazard

Sanitary Landfills

NA

C

NA

C

SR

SR

B1, C: Shall not increase bird hazard

Legend

    Incompatible: Use should not be permitted under any circumstances.

C    Conditional: Use is acceptable if indicated floor area ratio (FAR), lot coverage, and other listed conditions are met.

SR    Compatible: Use is acceptable without safety-related conditions (noise, airspace protection, and/or overflight limitations may apply).

NA    Not Applicable: Land in Zones A and B2 is outside the boundary of the city of Highland.

E. Review Procedures.

1. All proposed amendments to the text or maps of this title; the general plan; or any specific plan that could directly affect existing or proposed development in any airport overlay zone shall be referred to the planning commission for public hearing prior to city council consideration of such a proposal.

2. All land use applications, including staff reviews within any airport overlay zone, shall be subject to the findings, development standards and review procedures specified by this section.

F. Findings. The planning commission and community development director shall determine that all of the following are true prior to approving a land use application or issuing any staff review permit within an airport overlay zone. The planning commission and community development director shall find that the proposed use will not adversely affect the safety of persons residing, working or traveling within the airport overlay zone or the viability of the airport prior to approval of the project.

1. The proposed use is consistent with the applicable adopted airport land use compatibility plan.

2. The proposed use does not involve the storage or dispensing of volatile or otherwise hazardous substances that would endanger aircraft operations and public safety.

3. The proposed use does not attract a large concentration of birds, produce smoke, generate electrical interference, reflect a glare of light or emit radio transmissions that may endanger aircraft operations.

4. The proposed use promotes the public interest to provide for the development of the public-use airport and the area around the airport in such a manner, among other things, to promote the overall noise standards adopted pursuant to the Public Utilities Code and prevent the creation of new noise and safety hazards.

5. The proposed use enhances the protection of public health, safety and welfare, by ensuring the orderly expansion of the airport and the adoption of land use measures or development standards that minimize the public’s exposure to excessive noise and safety hazards within the area around the airport to the extent that such areas are not already devoted to incompatible uses.

6. The proposed use will not adversely affect safe air navigation, airport operations or interfere with airport communications.

7. The proposed use complies with the development standards specified by this section.

G. Development Standards. When a land use is proposed within an area governed by this section, the following standards and criteria shall apply:

1. Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR), Part 77. Existing topographic elevations, as compared to the elevation of the centerline of the runway (primary surface), shall be considered in determining the permitted height of an affected structure.

2. Proposed uses shall be consistent with the adopted airport land use compatibility plan, if any.

3. The proposed use or the structure shall not reflect glare, emit electronic interference or produce smoke that would endanger aircraft operations.

4. All heliports shall be constructed pursuant to FAA Advisory Circular 150/5390-1B. (Ord. 342 § 2, 2009; Ord. 171 § 10.410, 1994)

16.40.420 Hillside development.

A. Area of Application.

1. These regulations shall apply to any lot or parcel of land with an average slope of 10 percent or greater as defined by these guidelines (with an exemption for lots contained within an approved tentative tract that was approved before the adoption date of these regulations).

2. Under no circumstances will the terms of this section supersede the fire safety regulations unless the enforcement of its provisions provide for more stringent or restrictive regulations of hillside development than the fire safety regulations.

B. Hillside Classifications.

Slope

Conditions

10% – 15%

Mass grading may occur, but grading must utilize contour grading techniques. Significant environmental features may be required to be preserved. Grading shall be minimized through special hillside architectural and design techniques. Structures shall be sited so as to conform to the natural landforms by using split level construction, stem walls, clustering, etc. A planned development may be required to utilize clustering or density transfers.

15.1% – 25%

All grading shall be contoured and sensitive to significant environmental features. Mass grading is not appropriate. The amount of grading allowed shall be based on what is minimally required to establish custom building pads and entry access. This is a steep hillside condition which limits development to less visible slopes and other areas. Development must minimize public health and safety, environmental and aesthetic concerns. Roadways shall follow natural contours to the extent possible. Structures shall blend with the environment through design, shape and siting techniques. A project in this area may require a planned development to provide for density transfers and clustering.

25% and above

Grading and development within this slope category is generally discouraged except where the following findings can be incorporated into the hillside design:

 

Linkage/access: the area in excess of 25% slope is minimal and represents the only means of access or linkage to another area of less than 25% slope which otherwise could not be developed.

 

Custom homesites: dwellings have been designed to fit the terrain so that there are no significant external signs of grading through the use of stepped foundations, small retaining walls, post and beam construction, or similar custom design features.

 

Driveway access: access to the site is designed to blend with the natural terrain as much as possible while maintaining a less than 15% grade.

 

Aesthetics: visual impacts are not found to be significant.

 

Safety: no adverse impacts to the public health, safety and welfare are present.

This could be considered very mountainous and development may be severely limited. Access may be a problem due to inability to site roads.

C. Design Criteria.

1. Open Space Requirements. The following chart shall be used in determining the amount of natural open space that will be required for each project.

Slope Category

Minimum % of Area to Be Left as Natural Open Space

10% – 15%

30

15.1% – 25%

45

25.1% – and over

65

D. Roads, Driveways and Access.

1. Roads.

a. Roads must provide access to fire suppression equipment and for evacuation of residents in the event of fire. Perimeter roads, rather than interior roads are encouraged for emergency access.

b. There shall be at least two routes in and out of each subdivision. They shall be provided and improved prior to construction with any combustible material. Grades shall not exceed 12 percent. However, short sections not exceeding 500 feet of up to 14 percent may be permitted by the county fire warden. Grades shall not exceed 10 percent for a distance of 25 feet on either side of a fire hydrant.

c. Roadways shall be a minimum of 40 feet wide curb to curb (collector street) or a minimum 36 feet wide, curb to curb (local street) as required by city engineer and county fire warden and shall be passable in all weather.

d. Cul-de-sac streets shall end in turnarounds with a radius of 40 feet or more. In areas of extreme fire hazard, the maximum cul-de-sac length shall be 350 feet except as approved by the county fire warden. In areas of moderate fire hazard, they shall not exceed 600 feet in length.

e. Vertical curves and dips in the roadway shall have a length of not less than 50 feet.

f. Roadways shall conform to the natural landform.

g. Split roadways shall be utilized to the extent possible. Landscaped medians shall be installed on all split roadways.

h. Sidewalks shall be required adjacent to the curb on both sides of street or on one side only if approved by the planning commission in order to minimize scarring of hillsides. Sidewalk widths shall be a minimum of four feet with fire hydrants, street lights, etc., to be located outside of sidewalk.

2. Driveways.

a. Driveways shall not be permitted which exceed 12 percent slope, unless approved by the city engineer and county fire warden, except that one length, not at the point of access, of not more than 20 feet may have a slope not exceeding 16 percent if approved by the city engineer. Proper design considerations shall be employed, including such items as vertical curves and parking landings. Parking landings shall be required on all drives over 10 percent grade.

b. Driveways with a slope of 10 percent or greater shall be scored to provide greater traction.

c. Driveways shall conform, where feasible, to the natural landform.

d. Driveways that serve more than one parcel (gang drives) are encouraged as a method of reducing unnecessary grading, paving, and site disturbance. However, this is not to be construed as an advocation of flag lots.

e. Drives shall enter public/private street maintaining adequate line-of-sight.

f. Within the right-of-way, driveways shall not be located within five feet of any side property line. Exceptions may be granted based on lot size, slope percent or if the drive is used as a common (gang drive) drive.

E. Building Pads.

1. Minimum width dimension of lots shall be 60 feet as measured at the front building setback line.

2. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of the structure thereby hiding the slope behind the structure.

3. Split level pads, stepped footings and grade separations are encouraged to permit structure to step up the natural slope. Custom pads are encouraged.

4. Where pad and terrace grading techniques are used, pad configuration should be softened with variable, undulating slopes created to give a more pleasing and natural appearance.

5. In cut situations, the edge of the pad shall be slightly rounded to more closely match the slope of the hillside and to avoid the harsh, engineered look of an abruptly graded pad.

6. Building pads should be situated, to the extent possible, to be parallel to the hillside rather than perpendicular to the hillside’s contours.

7. As hillside steepness increases, lot size shall also increase, subject to planning commission review and approval, and as provided herein.

F. Views. This section shall refer to views of and views from proposed structures.

1. Structures shall be sited to preserve views of natural features such as prominent knolls or ridgelines.

2. Views of natural ridgelines shall be protected from development.

3. Structures shall be oriented to allow view opportunities. For example, building pads may be staggered so they are not directly in line across the street from one another.

4. Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be preserved.

5. Projects should incorporate design techniques such as clustering, variable setbacks, multiple orientations, and other techniques to preserve views of open spaces and offer views to residents. Clustering may require the filing of a planned development.

6. This section may include the restriction on the number of stories and/or overall height of structures as determined by the planning commission.

G. Architecture and Building Design.

1. The form, mass, and profile of individual buildings and architectural features shall be designed to blend with the natural terrain and to preserve the character and profile of the natural slope. Preservation of natural ridgelines is strongly encouraged.

2. Split pads, stepped footings, and grade separations shall be encouraged to permit structures to step up the natural slope.

3. Consideration shall be given to separating portions of the structures, such as the garage, to avoid a massive bulk structure.

4. Roof slopes should be oriented in the same direction as the natural slope.

5. Large roof overhangs or other architectural features which increase the visual bulk of the structure from a point below the structure should be avoided.

6. Excavated lower floors to reduce above ground height of structure are encouraged.

7. A minimum distance of 30 feet shall be provided between structures within and between lots.

8. Architectural treatment or design shall be utilized to break up large wall expanses. Treatment or design may include, architectural pop outs, reveals, textured surfaces, placement of windows and doors, decorative tile, exposed fireplace chimneys, etc.

H. Landscaping.

1. Natural landform planting should be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines, and provide erosion control.

2. Native or naturalized plant species that blend naturally with the landscape shall be utilized in all areas with required planting.

3. Fire retardant plant materials shall be utilized in fire sensitive areas.

4. Xeriscape landscaping is encouraged.

5. Irrigation may be required on slopes, however plant material shall be of the type that will eventually not require artificial watering and can be sustained by normal moisture/rainfall.

6. Water conservation techniques such as drip irrigation shall be utilized where appropriate.

7. Landscape shall be used to screen views of downslope elevations.

8. Common open areas and front and street side yards may be required by the planning commission/community development director to be planted with a minimum of 30 percent large size plants or trees so as to create a mature appearance.

9. Informal clusters of trees and shrubs shall be used in slope plantings. No uniform plant or tree spacing will be allowed.

10. Jute netting shall be used on slopes that are 2:1 and exceed five feet in height to control erosion.

11. To the extent possible, natural vegetation, especially riparian growth, shall be retained and supplemented.

12. Selection of plant/tree species shall take into account natural heating and cooling opportunities near structures.

13. Any entry statements or monument sign areas shall incorporate native landscaping and materials.

14. Formation of a homeowners’ association or landscape maintenance district may be required as determined necessary by the planning commission or by the city.

I. Walls and Fences.

1. Walls and fences shall integrate materials and colors used in the structure. Use of naturally occurring rock material is strongly encouraged.

2. Long runs of walls should be avoided by modulation of wall plane, placement of tree wells, addition of pilasters or columns, etc. Textured walls are required and smooth block walls are not permitted.

3. Retaining walls should be designed to minimize their visual impact through techniques such as terracing, crib walls, and additional landscaping.

4. Open view fencing is strongly encouraged to minimize visual impact from a point below.

5. Maximum height shall be six feet. If a taller wall is required, two or more walls may be required to create a terrace effect. The spacing between the walls shall be at least three feet wide and the area shall be landscaped.

J. Drainage.

1. Where possible, drainage channels should be placed in less visible locations. A concrete lining is required but each channel should receive a naturalized look by the placement of boulders and landscaping along the edge of the channel so the channel appears as an integral part of the environment.

2. Natural drainage courses should be preserved and enhanced to the extent possible.

3. The use of cross lot drainage shall be minimized. In situations where it is not possible using conventional design, optional techniques including, but not limited to, single loaded streets and reduced densities shall be considered. Cross lot drainage may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties, that there is a mechanism acceptable to the city for maintenance of said drainage improvements, and that it is absolutely required in order to minimize the amount of grading which would result under conventional drainage practices.

4. Where cross lot drainage is utilized, the following shall apply:

a. One lot may drain across one other lot if a private reciprocal easement is provided within either an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe which shall be a minimum 12 inches in diameter. In both cases, an integral wall shall be constructed. This drainage shall ultimately be conveyed to either a public street or to a public drainage easement. If drainage is conveyed to a private easement, all drainage facilities shall be maintained by a homeowner’s association. If the drainage is conveyed to a public easement such as a public alley, street, storm drain or trail, the facility shall be maintained by the homeowners association up to the boundary of the public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

K. Application Procedure. After determining if a project is subject to any section of these guidelines, an applicant shall submit the following with the initial application:

1. A natural features map which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation.

2. A conceptual grading plan which shall include the following items in addition to those generally required by the city engineer:

a. A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage.

b. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan.

c. Contours shall be shown for existing and natural land conditions and the proposed project. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule:

Natural Slope

Maximum Interval in Feet

0% – 20%

2

20.1% +

5

d. A conceptual drainage and flood control facilities map describing planned drainage improvements.

e. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state falling into each slope category as specified in these guidelines. For the slope map, the applicant shall use a base topographical map of the subject site prepared and signed by a registered civil engineer, licensed land surveyor or registered landscape architect which shall have a scale of not less than one inch to 100 feet and a contour interval of not more than two feet; provided, that the contour interval may be five feet when the slope is more than 20 percent. This base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Delineate slope bands in the range of zero to five percent, five to 10 percent, 10 to 15 percent, 15 to 20 percent, 20 to 25 percent, 25 to 30 percent, and 30 percent and greater. Also included shall be a tabulation of the land area in each slope category specified in acres.

The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy solid line indicating the 10 percent grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors.

f. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three slope profiles shall be included with the slope analysis. The slope profiles shall:

i. Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map.

ii. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with solid heavy line. Existing topography and features shall be drawn with a thin or dashed line.

iii. The slope profile shall extend at least 150 feet from the project site boundary to clearly show impact on adjacent property.

iv. The profiles shall be drawn along those locations of the project site where:

(A) The greatest alteration of existing topography is proposed; and

(B) The most intense or bulky development is proposed; and

(C) The site is most visible from surrounding land uses; and

(D) At all site boundaries illustrating maximum and minimum conditions.

v. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45 degree angle to the other slope profiles and existing contour lines.

g. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions contained in this application procedure section.

h. A geologic and soils report, prepared by a qualified soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access and circulation, and biota research may also be required in order to help in the determination of the buildable area of a site.

i. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, infrastructure, landscaping, structures and open spaces.

j. In the event that no fine grading is proposed, e.g., custom lot subdivision or master developer subdivision, a statement to that effect shall be filed with a conceptual plan which shows possible future house plotting, lot grading, driveway design, and septic system location for a typical, midblock, corner and cul-de-sac lot, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan.

k. The following items may be required if determined necessary by the community development director or planning commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both:

i. A topographic model;

ii. A line of sight or view analysis;

iii. Photographic renderings;

iv. Any other illustrative technique determined necessary to aid in the review of a project.

l. Any application under these guidelines shall be required to get approval of the planning commission except for those single-family residences with an average slope of less than 15 percent which shall be reviewed by the community development director.

m. Applicant shall pay any applicable hillside development review fees as required by the city.

L. Definitions.

1. Average slope:

The slope calculated by utilizing the formula:

 

Average cross slope =

I x L x 0.0023

A

I = Contour interval

L = Contour length

0.0023 = Constant to convert square feet to acres and slope to percent

A = Acres in site

2. Natural open space:

The landform created by nature or subsequently modified by either agricultural activities or modified to meet fuel modification fire standards. Existing tree, riparian vegetation and native plant communities within natural open spaces shall be preserved and protected if they are to be part of the open space requirement of the hillside condition. Artificial water bodies and natural or manmade trails may be considered as natural open space.

3. Slope:

An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. (Ord. 341 § 16, 2009; Ord. 171 § 10.420, 1994)

16.40.430 Noise hazards.

Repealed by Ord. 283. (Ord. 171 § 10.430, 1994)

16.40.440 Scenic resources.

A. Intent. The scenic resources regulations are intended to establish development standards which protect, preserve and enhance the aesthetic resources of the city by incorporating design considerations which minimize interference with the preservation of unique natural resources, roadside views and scenic corridors. It is also the intent of the scenic resources regulations to implement state and federal programs and regulations regarding scenic highway routes.

B. Locational Requirements. The scenic resources regulations may be applied to the following areas:

1. Areas with unique views of the city’s mountain and valley areas or any other aesthetic natural land formations.

C. Development Standards.

1. When a land use is proposed within scenic area, the following criteria shall be used to evaluate the project compliance with the intent of the district:

a. Building and Structure Placement. The building and structure placement shall be compatible with and shall not detract from the visual setting or obstruct significant views.

b. Setbacks. Intensive land development proposals, including, but not limited to, residential facilities, commercial activities and mobilehome parks, shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals shall also provide for maintenance of a natural open space parallel to the right-of-way. This represents the visible land area outside the highway right-of-way which may be described as the “view from the road.”

c. Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives when feasible.

d. Landscaping. The removal of native vegetation, especially timber, shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

e. Roads, Pedestrian Walkways, Parking and Storage Areas. Large scale development shall restrict the number of access points by providing common access roads. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings pursuant to subsection (C)(1)(d) of this section.

f. Above Ground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground routing or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above ground utilities shall be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.

g. Grading. The alteration of the natural topography of the site shall be minimized and shall, to the extent feasible and practical, avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings pursuant to subsection (C)(1)(d) of this section.

h. Storage Areas. Outside storage areas associated with commercial activities shall be completely screened from view of the right-of-way with landscaping and plantings pursuant to subsection (C)(1)(d) of this section. (Ord. 171 § 10.440, 1994)

16.40.450 Fire safety regulations.

A. General Provisions.

1. The provisions of this section shall apply to all phases of a development project.

2. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted by the planning division to the responsible fire authority and the appropriate resource conservation district office for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible.

3. All proposed development must meet all other applicable standards set forth by the responsible fire authority.

4. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.

5. The adopted building, residential, fire codes, and state or federal regulations shall take precedence over any conflicts with this section.

6. Building separations are to meet land use and building code restrictions.

B. Project Development Requirements.

1. All development projects, grading activities, and any other significant land disturbing activity shall install and/or use erosion control measures in compliance with the provisions established by this title, and State and Regional Water Quality Boards.

2. A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:

a. A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet. The contour interval shall not be more than two feet except that the contour interval may be five feet if the general natural, ungraded slope is more than 10 percent. Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed land surveyor or registered engineer.

b. The natural, ungraded slope categories to be computed are zero percent to less than 15 percent, 15 percent to less than 30 percent, 30 percent to less than 40 percent, and 40 percent or greater.

c. The area, in acres, shall be tabulated for each category.

3. A preliminary grading plan shall be filed with all development project land use applications, except that preliminary grading plan requirements may be waived by the city engineering or building official if it is determined that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:

a. A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet. The contour interval shall not be more than two feet except that the contour interval may be five feet if the natural ungraded slope is more than 10 percent. Contour lines to be obtained by aerial or field survey, done under the supervision of a licensed land surveyor or registered engineer.

b. Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.

c. Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five feet in vertical height, the maximum heights of those slopes and approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.

d. Compliance with Appendix J of the current edition of the California Building Code, as adopted by the city of Highland, is required.

e. In the event no such grading is required, a statement to that effect shall be placed on the required topographic map described in subsection (B)(3)(a) of this section and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.

4. All subdivisions on sites with natural slopes greater than 30 percent shall submit a conditional use permit application for the development of such proposed lots. This provision shall not apply if all of the areas on the site with natural ungraded slopes over 30 percent are permanently restricted from structural development.

5. All buildings on lots created after the effective date of this section shall be set back at least 30 feet from the boundary of the San Bernardino National Forest and State Regulated Areas (SRA).

6. Structures in areas with slopes exceeding 30 percent and 30 feet in height shall comply with the following:

a. Where structures are proposed or within 200 feet of slopes that are greater than 30 percent prior to grading and where such slopes are at least 30 feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or 100 feet, or to the property line, whichever distance is less.

b. Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than 30 percent and which are greater than 30 feet in height, structures shall be set back at least 30 feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.

7. All areas used for the storage of firewood or other flammable materials shall either be at least 30 feet away from all structures or wholly enclosed within a structure.

8. Fire hydrants shall be identified by a method specified by the fire authority.

9. All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to city road standards, with a minimum width of 24 feet of all-weather surface as defined in the fire code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the community development director makes and justifies all of the following findings:

a. Two points of nonemergency access are physically infeasible.

b. Provisions have been made to reasonably ensure that the emergency access will be maintained.

c. Based on the review and consideration of the fire authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

10. All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to city standards and visible at all street intersections.

11. Private driveways or access roadways for residential units shall not exceed 150 feet in length, unless approved by the fire code official pursuant to the fire code.

C. Wildland-Urban Interface, Very-High Fire Hazard Severity Zone Construction Specifications. Property located within a very-high fire hazard severity zone shall comply with the following requirements:

1. A minimum of two three-quarter-inch faucets with hose connections each served by a three-quarter-inch waterline and installed prior to any pressure reducing device shall be available per structure separated by at least one-third of the perimeter of the structure. Such faucets should be on the side(s) of a structure facing fire hazardous areas whenever possible.

2. All fences within fuel modification zones or wildland-urban interface areas shall be constructed of noncombustible materials as defined in the fire code.

3. There shall be vehicular access, at least 12 feet in width, to within at least 10 feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half-inch National hose thread fitting, or directly to the source. This requirement shall be waived if the fire marshal determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

D. Wildland-Urban Interface, Fuel Modification Areas.

1. A permanent fuel modification area is required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The width of the fuel modification area shall be determined by the responsible fire authority in conjunction with the fire department, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined based upon:

a. The natural ungraded slope of the land within the project and in the areas adjacent to the project;

b. Fuel loading;

c. Access to the project and access directly to the fuel modified area;

d. The on-site availability of water that can be used for firefighting purposes;

e. Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than private open space; and

f. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

2. When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the fire department and shall be based upon the same considerations described in subsections (D)(1) and (4) of this section for permanent fuel modification areas.

3. Perimeter Access to Fuel Modified and Fire Hazard Areas.

a. Standards. Development projects shall provide for adequate vehicular access for firefighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this section:

i. The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least 20 feet in width and shall not exceed a grade of 14 percent. The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly maintained road system.

ii. Development projects shall provide access ways, at least 12 feet in width, with a grade not to exceed 14 percent, and capable of supporting firefighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of 350 feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.

(A) Intent of Standards. The intent of the standards described in this subsection is to permit firefighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between firefighting equipment and personnel and the development perimeter.

(B) Alternate Measures. Pursuant to subsection E of this section and dependent upon site-specific conditions, alternate measures which meet the intent of this section for providing perimeter access to fuel modified and fire hazard areas may be identified and submitted for approval.

4. Lengths of Cul-de-Sacs.

a. Standard. Cul-de-sacs shall not exceed 350 feet in length, except that they may be extended as allowed by this subsection.

b. Exception for Parcels of Less Than Five Acres in Area. Cul-de-sacs may exceed 350 feet in length but shall not exceed 600 feet in length, if:

i. Alternate measures are utilized pursuant to the provisions of subsection E of this section; or

ii. Based upon consideration of the recommendation of the fire authority, the community development director determines that the cul-de-sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildland fires.

c. Exception for Parcels Greater Than Five Acres in Area. Cul-de-sacs may exceed 600 feet in length if all parcels that take access from the cul-de-sac are five acres or greater in area and:

i. The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five acres or less.

ii. Alternate measures are utilized pursuant to the provisions of subsection E of this section.

d. Intent of Standard. The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wildland fires due to the following factors:

i. If the single access point becomes blocked, structures exposed to fire cannot be protected by firefighting vehicles.

ii. Firefighting vehicles can be trapped on a cul-de-sac if the single access is blocked.

iii. In order for firefighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where adequate room for turning is available.

iv. All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to firefighting vehicles moving into a cul-de-sac, impeding the ingress of the firefighting vehicles as well as the egress of the evacuees.

v. Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wildland terrain have greater exposure to wildland fire because the fire may come from several directions at once.

e. Alternate Measures. Pursuant to subsection E of this section and dependent upon site-specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to 600 feet in length with parcels less than five acres in area:

i. Limitation of the total number of dwelling units which have access to the cul-de-sac to no more than 15, and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the development project.

ii. A continuous perimeter access road at least 20 feet in width is provided along the portion of the cul-de-sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by firefighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul-de-sac in question.

iii. The cul-de-sac road will have a paved width of at least 40 feet with posted no parking for its entire length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing firefighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off site.

iv. Other alternate measures approved by the community development department pursuant to subsection E of this section.

E. Alternate Hazard Protection Measures.

1. Applicability. The following provisions shall apply only to the standards and requirements of subsections (D)(3), regarding perimeter access, and (D)(4), regarding length of cul-de-sacs, of this section.

2. Intent. The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the fire safety regulations. Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.

3. Substitution of Alternative Measures for Standards and Requirements.

a. If alternative measures are proposed, the fire department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.

b. If the fire department makes a positive determination pursuant to subsection (E)(3)(a) of this section, then alternate measures may be substituted for the established standards and requirements if the community development director, in consultation with the fire authority, finds and justifies all of the following:

i. Alternative measure(s) have been substituted which meet the intent of and which serve the same purpose as the established standards or requirement.

ii. The alternative measure(s) that have been substituted provide the same or a greater level of protection or are as effective as the established standard or requirement.

iii. There are clear and substantial reasons for utilizing the alternative measure(s) because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of this section and state regulations and recommendations. (Ord. 435 § 12, 2019; Ord. 171 § 10.450, 1994)

16.40.460 Flood plain development regulations1.

Repealed by Ord. 331. (Ord. 307 § 37, 2006; Ord. 171 § 10.460, 1994)

16.40.470 Transportation control measures.

A. Intent. It is the intent of this section, along with other provisions of this title, to implement the transportation control measures called for in both the 1991 South Coast Air Quality Management Plan and the 1992 Federal Attainment Plan for Carbon Monoxide.

B. Short-Term Bicycle Racks and Long-Term Bicycle Lockers. The requirements found in the most recent adopted building code series, including the Green Building Standards Code, shall be the required standard.

C. On-Site Walkways and Bicycle Pathways. All new nonresidential and multifamily developments shall provide on-site accessible walkways and bicycle pathways connecting each building to adjacent public streets. All new project sites are subject to state and federal regulations for accessible paths of travel.

D. Shower Facilities. All new nonresidential developments shall provide a minimum of one shower facility for men and women for employees walking or bicycling to work which exceed the following thresholds:

1. Retail – 250,000 gross square feet (GSF).

2. Industrial – 325,000 GSF.

3. Office – 125,000 GSF.

E. Passenger Loading Facilities. All new nonresidential and multiple-family (of 10 or more units) developments with at least 100 parking spaces shall provide a minimum of one passenger loading area equivalent to five parking spaces in close proximity to the building entrances and located so as not to interfere with on-site vehicle circulation.

F. Vanpool Parking Facilities. All new nonresidential developments with a minimum of 100 spaces shall provide preferential vanpool parking facilities for a minimum of one space which has a minimum vertical clearance of nine feet for each 100 parking spaces.

G. Transit Improvements. All new nonresidential and multiple-family developments along existing or planned transit routes shall provide transit improvements such as bus pullouts, bus pads, and bus shelter if determined to be necessary in consultation with Omnitrans or other locally operated transit system.

H. Telecommuting Centers. All new residential developments of 500 units or more shall provide a telecommuting center or contribute toward the development of such a center.

I. Video Teleconferencing Facilities. All new office park development of 1,000 or more employees shall provide a minimum of one on-site video conferencing facility.

J. Reduced Parking Requirements. Provisions shall be made by the planning commission for reduction of on-site parking space requirements for all new nonresidential developments on a case-by-case basis when such developments are linked to other actions which reduce vehicle trips.

K. Countywide Bicycle Plan. The city shall participate in implementation of the countywide bicycle plan upon its adoption. (Ord. 435 § 13, 2019; Ord. 341 § 17, 2009; Ord. 171 § 10.470, 1994)

16.40.480 Video monitoring systems.

A. The establishment of the following permitted uses or any expansion greater than 25 percent of floor space of any of these uses in all districts shall be required to install and maintain in good working order a video monitoring system prior to the issuance of a certificate of occupancy:

1. Arcades;

2. Check cashing;

3. Convenience markets;

4. Financial services and institutions;

5. Service stations including associated pump islands;

6. On-site and off-site sale of alcoholic beverage outlets;

7. Drive-through/fast food or sit-down restaurants;

8. Hotels and motels;

9. Jewelry stores;

10. Gun and ammunition retailers/wholesalers;

11. Massage parlors;

12. Sexually oriented businesses as defined in Chapter 16.06 HMC;

13. Off-site parking lots (not ancillary to a permitted use).

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, public telephone and parking lot 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. Said video monitoring system shall be comprised of the most reasonably available current technology.

D. Any person aggrieved by any 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 the decision to the city council, pursuant to HMC 1.16.020. (Ord. 344 § 2, 2009)

16.40.490 Reasonable accommodations.

A. Purpose. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

B. Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by subsection C of this section (Application Requirements).

C. Application Requirements.

1. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development and shall contain the following information:

a. The applicant’s name, address and telephone number.

b. Address of the property for which the request is being made.

c. The current actual use of the property.

d. The basis for the claim that the individual is considered disabled under the Acts.

e. The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

2. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection (C)(1) of this section together for concurrent review with the application for discretionary approval.

D. Review Authority.

1. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development (director) or his designee if no approval is sought other than the request for reasonable accommodation.

2. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

E. Review Procedure.

1. Director Review. The director, or his designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F of this section (Findings and Decision).

2. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection F of this section (Findings and Decision).

F. Findings and Decision.

1. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

a. Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts.

b. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

c. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

d. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

e. Potential impact on surrounding uses.

f. Physical attributes of the property and structures.

g. Alternative reasonable accommodations which may provide an equivalent level of benefit.

2. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (F)(1) of this section.

G. Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the planning commission in compliance with HMC 16.08.210, Appeals. (Ord. 378 § 4, 2013)

16.40.500 Cargo container regulations.

A. Definitions and Purpose.

1. Definitions.

a. “Cargo container,” as used in this section, means an industrial, standardized reusable metal vessel that was originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities by commercial trucks, trains and/or ships. Cargo containers include fabricated storage containers, truck trailers, train boxcars, or cargo containers modified in a manner that would preclude future use by a commercial transportation entity.

2. Purpose. This section establishes minimum development standards for the placement of cargo containers within the city, limits the use of cargo containers in residential zones, and addresses requirements in other zones.

3. Intent. To establish minimum development/use standards for cargo containers, to enhance the aesthetic appearance of the community, preserve property values, and protect the public health, safety, and welfare.

B. Permitted Locations and Prohibitions.

1. It shall be unlawful to place, use, allow or maintain cargo containers on residential property zoned R-1, R-2, R-2C, R-3, R-4, HDS, VR, EHV, or open space (OS), except as otherwise provided by subsections E and F of this section.

2. It shall be unlawful to place, use, allow or maintain cargo containers on property zoned A/EQ, except as otherwise provided by subsections C and E of this section.

3. It shall be unlawful to place, use, allow or maintain cargo containers in any planned development or specific plan zone, except as otherwise provided by subsections E and F of this section.

4. Cargo containers shall not be placed, used, allowed and maintained in any commercial, mixed use, or employment zones, except as expressly authorized in this section.

5. Where permissible, the placement of cargo containers on private property shall be subject to the standards set forth in subsection H of this section, and the issuance of a staff review permit by the director of community development shall be required, except as set forth in subsection (D)(1) of this section.

C. Authorized Residential Use. Cargo containers are allowed on property located in the A/EQ zone only if all of the following requirements are met:

1. The property must be a minimum of one acre in size. Only one cargo container is allowed for the first one acre and one additional cargo container per every additional five acres.

2. Cargo containers shall meet all applicable use, development standards, and maintenance regulations of the Highland Municipal Code, as well as the requirements within HMC Titles 8 and 15 as determined by the city’s building official.

3. Cargo containers must comply with the setback requirements for the A/EQ zone, but shall not be allowed closer than 10 feet to any property boundary. Cargo containers must maintain a separation of 10 feet from any structures on the property, except for other authorized cargo containers.

D. Cargo Containers in Nonresidential Zones.

1. Cargo containers used for the routine transportation of goods and temporarily stored in industrial zones improved with a legally permitted use are exempt from the provisions of this section.

2. Recycling facilities are permitted to use cargo containers subject to the limitations in HMC 16.44.170, Recycling facilities.

3. Cargo containers may be used for permanent storage on industrial zoned property in areas where outdoor storage is allowed, subject to the permitting requirements in subsection (H)(16) of this section.

4. Cargo containers may be used in commercial zones for additional storage to support seasonal events, but shall not be located on the property for more than 60 consecutive days unless additional time is authorized through the staff review permit process. Cargo containers shall be located at the rear of the property or in another non-conspicuous area of the property.

E. Cargo Containers for Sports Fields.

1. Cargo containers may be used at schools that maintain sports fields, and also at parks, golf courses, governmental facilities, and other similar uses as determined by the director of community development.

2. Cargo containers shall be located in a nonconspicuous location on the property and conform to the setbacks of the underlying zone, but no closer than 10 feet to any exterior property boundary.

F. Temporary Construction Storage (in All Zoning Districts).

1. Cargo containers are temporarily allowed off-street, on private property, in all zones to store building contents, building materials and/or construction tools during construction or remodeling projects pursuant to an active building permit on the same property. If the building permit is expired or finaled, the cargo container shall be removed within 10 calendar days of the permit expiration or building permit final. If construction ceases for a period of 30 days or is abandoned, the cargo container shall be removed no later than 10 calendar days after a notice to remove is issued by the city.

G. Permit Administration.

1. A staff review permit shall be required prior to the placement of cargo containers on private property, unless expressly exempted by this section. An application for a staff review permit shall be made to the planning division on forms prescribed by the director of community development. The application shall be accompanied by the following:

a. A detailed site plan showing the location of the proposed cargo containers (including, but not limited to, setbacks from property lines and other structures located on the site, drive aisles, parking spaces, other cargo containers, etc.).

b. A description of the cargo containers (including height, width, length, color, etc.).

c. A description of how the containers will be screened.

d. A description of the intended use of the containers.

e. Such other information the director of community development may require to adequately review an application.

f. The payment of the staff review permit fee, with such fee being established by city council resolution.

g. Photographs of all four sides of the cargo containers.

2. The staff review permit shall be processed pursuant to HMC 16.08.060.

H. Standards. All cargo containers must comply with the following standards:

1. It shall be unlawful for any property owner, tenant or other responsible party to use, allow or maintain a cargo container in violation of any standard provided in this section.

2. Cargo containers shall not be stored in a manner that impedes access to public rights-of-way, public utility or drainage easements or adjacent structures and buildings. Cargo containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts and/or access driveways.

3. Cargo containers shall be used for storage only and shall not be used for human habitation.

4. Cargo containers shall be used only by the property owner or occupant of the property where the cargo container is placed, and shall not be rented to, or used by, any other person.

5. Cargo containers shall not be used to store hazardous materials in violation of any local, state or federal requirements.

6. Cargo containers shall not occupy required loading/unloading areas, fire lanes, designated landscape areas, or storm water facilities.

7. Cargo containers shall not occupy any required parking spaces on a property. In commercial zones, cargo containers may be temporarily placed in required parking spaces if the cargo containers are being used to support seasonal events; provided, that (a) not more than 10 percent of the required parking spaces for the business or five percent of the overall spaces within a commercial center containing multiple tenants are used, and (b) the cargo containers do not remain on the property longer than 60 days, unless a longer time period is authorized under the staff review permit.

8. Cargo containers shall not include signage promoting on-site or off-site businesses other than that of the manufacturers or purveyor of the cargo container.

9. Cargo containers shall not be stacked on top of each other or on another structure.

10. Cargo containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers may include passive systems to provide appropriate ventilation. Utility services shall not be provided to the cargo container.

11. Cargo containers shall be operated in a safe manner, and be structurally sound, stable and in good repair. Cargo containers shall not contain any holes, peeling paint, rust, damage or structural modifications.

12. Cargo containers shall not be visible from any public or private street that abuts the property. Acceptable screening features for cargo containers include landscaping, fencing, terrain, existing structures, exterior architectural enhancements, or a combination of these features. Cargo containers used for temporary construction storage in compliance with subsection F of this section are exempt from complying with this standard.

13. Cargo containers shall be painted a non-reflective neutral color that is compatible with the structures on the property or that blends in with the surrounding environment.

14. Cargo containers must be kept free of graffiti at all times.

15. Cargo containers shall not be placed on vacant lots except as otherwise allowed pursuant to subsection F of this section.

16. Cargo containers used for permanent storage shall require a building permit. (Ord. 417 § 1, 2017)


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Code reviser’s note: The original source for this section appears to be Ord. 79, 1989.