Division IV. Use and Development Regulations
Chapter 21.50
SITE DEVELOPMENT STANDARDS AND MISCELLANEOUS REGULATIONS
Sections:
21.50.010 Site development standards – General.
21.50.020 Site development standards – Level one.
21.50.030 Site development standards – Level two.
21.50.040 Site development standards – Level three.
21.50.120 Fences – Conditional fence permit.
21.50.010 Site development standards – General.
a. All development in all zoning districts must comply with minimal site development standards. There are various levels of standards set forth in this chapter.
b. The level of site development standards required is specified in the applicable zoning district regulations. [Ord. 13-27 § 12, 2013; Ord. 08-29, 2008].
21.50.020 Site development standards – Level one.
This section establishes level one site development standards.
a. Slopes. All development on a site affected by a slope of 15 percent or more, bluff, coastal edge or ravine, as described in HCC 21.44.020, shall be subject to the requirements of Chapter 21.44 HCC in addition to the requirements of this section.
b. Drainage. All development activity on lands shall conform to the following:
1. Development shall provide a drainage system that is designed to deposit all runoff into either an engineered drainage system or into a natural drainage.
2. Where open-ditch construction is used to handle drainage within the development, a minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.
3. When a closed system is used to handle drainage within the development, all structures shall be a minimum of 10 feet from the closed system.
c. Landscaping Requirements. All development activity on lands shall conform to the following:
1. Development activities shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, intentional or inadvertent fill or root damage to neighboring trees, or other damaging physical impacts. The property owner and developer shall take such steps, including installation of culverts or buffers, or other methods, as necessary to comply with this requirement.
2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, maintenance of native vegetative cover, or plantings to minimize invasive species.
3. All exposed, cleared, filled and disturbed soils shall be revegetated within nine months following the initiation of earthwork, or reseeded by the next August 31st. Native revegetation is acceptable if the site naturally revegetates within that nine-month period. If native revegetation is not successful within that nine-month period, the property owner and developer shall revegetate by other means no later than the end of that nine-month period.
4. Drainage can be stabilized by other means than vegetation, if approved in writing by the City Engineer.
d. A stormwater plan approved under Chapter 21.75 HCC is required for development that:
1. Creates more than 25,000 square feet of new impervious surface area on a lot;
2. Increases the total impervious surface area of a lot beyond one acre;
3. Includes grading, excavation or filling that cumulatively moves 1,000 cubic yards or more of material; or
4. Includes grading, excavation or filling that creates a permanent slope of 3:1 or more, and that has a total height, measured vertically from toe of slope to top of slope, exceeding 10 feet. [Ord. 22-32 § 3, 2022; Ord. 15-08(S)(A) § 1, 2015; Ord. 13-27 § 13, 2013; Ord. 10-56 § 3, 2011; Ord. 10-54 § 1, 2011; Ord. 08-29, 2008].
21.50.030 Site development standards – Level two.
This section establishes level two site development standards.
a. Site Development.
1. Development shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, or root damage to neighboring trees, or other adverse effects.
2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, planting, and maintenance of vegetative cover.
3. All exposed, cleared, filled and disturbed soils shall be revegetated within nine months following the initiation of earthwork.
b. Slopes. All development on a site affected by a slope of 15 percent or more, bluff, coastal edge or ravine, as described in HCC 21.44.020, shall be subject to the requirements of Chapter 21.44 HCC in addition to the requirements of this section.
c. Drainage.
1. Development shall provide a drainage system, as approved by the City, that is designed to deposit all runoff into either an engineered drainage system or into a natural drainage.
2. Where open-ditch construction is used to handle drainage within the development, a minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel of the drainage ditch.
3. When a closed system is used to handle drainage within the development, all structures shall be a minimum of 10 feet horizontally from the closed system.
4. Drainage can be stabilized by methods other than vegetation, if approved in writing by the City Engineer.
d. A development activity plan (DAP) approved by the City under Chapter 21.74 HCC is required if the project includes:
1. Land clearing or grading of 10,000 square feet or greater surface area;
2. The cumulative addition of 5,000 square feet or greater of impervious surface area from pre-development conditions;
3. Grading involving the movement of 1,000 cubic yards or more of material;
4. Grading that will result in a temporary or permanent slope having a steepness of 3:1 or greater and having a total slope height, measured vertically from toe of slope to top of slope, exceeding five feet;
5. Grading that will result in the diversion of an existing drainage course, either natural or human-made, from its existing point of entry to or exit from the grading site; or
6. Any land clearing or grading on a slope steeper than 20 percent, or within 20 feet of any wetland, watercourse, or water body.
e. A stormwater plan (SWP) approved under Chapter 21.75 HCC is required if the project includes:
1. An impervious surface coverage that is greater than 60 percent of the lot area (existing and proposed development combined);
2. The cumulative addition of 25,000 square feet or greater of impervious surface area from the pre-development conditions;
3. Land grading of one acre or greater surface area;
4. Grading involving the movement of 10,000 cubic yards or more of material;
5. Grading that will result in a temporary or permanent slope having a steepness of 3:1 or greater and having a total slope height, measured vertically from toe of slope to top of slope, exceeding 10 feet; or
6. Any land clearing or grading on a slope steeper than 25 percent, or within 10 feet of any wetland, watercourse, or water body.
f. Landscaping Requirements. All development shall conform to the following landscaping requirements:
1. Landscaping shall include the retention of native vegetation to the maximum extent possible and shall include, but is not limited to, the following:
a. Buffers.
i. A buffer of three feet minimum width along all lot lines where setbacks permit; except where a single use is contiguous across common lot lines, such as, but not limited to, shared driveways and parking areas. Whenever such contiguous uses cease the required buffers shall be installed.
ii. A buffer of 15 feet minimum width from the top of the bank of any defined drainage channel or stream.
b. Parking Lots.
i. A minimum of 10 percent of the area of parking lots with 24 spaces or more shall be landscaped in islands, dividers, or a combination of the two;
ii. Parking lots with 24 spaces or more must have a minimum 10-foot landscaped buffer adjacent to road rights-of-way;
iii. Parking lots with only one single-loaded or one double-loaded aisle that have a 15-foot minimum landscaped buffer adjacent to road rights-of-way are exempt from the requirement of subsection (f)(1)(b)(i) of this section.
2. Topsoil addition, final grading, seeding, and all plantings of flora must be completed within nine months of substantial completion of the project, or within the first full growing season after substantial completion of the project, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and ground cover being replaced as needed. [Ord. 22-32 § 4, 2022; Ord. 15-08(S)(A) § 2, 2015; Ord. 13-27 § 14, 2013; Ord. 10-56 § 4, 2011; Ord. 08-29, 2008].
21.50.040 Site development standards – Level three.
This section establishes level three site development standards.
a. Site Development.
1. Development shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, or root damage to neighboring trees, or other adverse effects.
2. Upon completion of earthwork, all exposed slopes and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods such as, but not limited to, landscaping, planting, and maintenance of vegetative cover.
b. Landscaping Requirements. Landscaping shall include the retention of native vegetation to the maximum extent possible and shall include, but is not limited to, the following:
1. A buffer of three feet minimum width along all lot lines where setbacks permit; except where a single use is contiguous across common lot lines, such as, but not limited to, shared driveways and parking areas. Whenever such contiguous uses cease the required buffers shall be installed.
2. In addition to the types of plantings listed in the definition of “landscaping” in HCC 21.03.040, landscaping may include planter boxes and hanging basket plantings. Amenities for public use such as bike racks, benches, trash receptacles and information kiosks may be substituted for an equal area of required landscaping. [Ord. 13-27 § 15, 2013; Ord. 13-11(A) § 10, 2013].
21.50.110 Fences.
a. Fences may be constructed at the lot line, subject to the limitation of this section.
b. In all residential zoning districts no fence on or within 20 feet of the front lot line may exceed four feet in height.
c. No fence may block any sight distance triangle that may be required by the zoning code or any other law. [Ord. 08-29, 2008].
21.50.120 Fences – Conditional fence permit.
a. Except as provided in subsection (c) of this section, fences may be constructed to heights in excess of those allowed by HCC 21.50.110 only when a conditional fence permit is first approved by the Planning Commission.
b. Prior to granting such a permit, the applicant must demonstrate and the Planning Commission must find that:
1. The issuance of such a permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights for full use and enjoyment of the property;
2. The fence will not create a safety hazard for pedestrians or vehicular traffic;
3. The fence is a planned architectural feature designed to avoid dominating the site or overwhelming adjacent properties and structures;
4. The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood;
5. The fence will be of sound construction.
c. Exception. Under no circumstances will a conditional fence permit be considered for a fence that exceeds the limits of a required sight distance triangle. [Ord. 13-27 § 16, 2013; Ord. 08-29, 2008].
21.50.150 Fill standards.
a. Except as permitted in subsection (b) of this section, fill material shall be free of large organic debris (including without limitation stumps), construction or demolition debris (including without limitation concrete and asphalt), garbage and any material that is categorized as hazardous or toxic under Federal or State law.
b. Fill material that will not support a structure may include large organic debris that originated on the lot where the fill is placed; provided, that it is capped with clean fill for future landscaping or driveway use.
c. The placement of fill to a depth greater than three feet over 25 percent or more of a lot is subject to following requirements:
1. Before any fill is placed, a grading plan for the lot must be approved by the City Engineer. The grading plan shall show the following:
a. The existing grade and finished grade of the lot using contour intervals sufficiently small to show the nature and extent of the work, and its compliance with the requirements of this title; and
b. The existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this title.
2. Best management practices shall be used to limit sedimentation and stormwater runoff, and shall be installed before fill is placed on the lot.
3. All corners of the lot shall be flagged before fill is placed on the lot.
4. The slope of the fill shall not exceed 50 percent or 1:2.
5. No fill may be placed closer than five feet to a side or rear lot line, except that clean fill may be placed on adjoining lots up to their common lot line after approval of a development plan including a drainage plan by the City Engineer and the owners of all lots on which the fill will be placed.
6. The placement of fill shall be completed within 24 months after its commencement, and the filled area shall be capped and seeded as soon as possible within the growing season. [Ord. 10-54 § 2, 2011].