Chapter 17.15
RR-H RURAL RESIDENTIAL – HILLSIDE DISTRICT
Sections:
17.15.010 Purpose and general development principles.
17.15.040 Height limit of buildings and structures.
17.15.050 Minimum development standards.
17.15.060 Preliminary development plan – Concept phase.
17.15.070 Final development plan – Permit phase.
17.15.080 Density and development standards.
17.15.090 Other development requirements.
17.15.010 Purpose and general development principles.
A. The purposes of the Rural Residential – Hillside Zoning District are to:
1. Provide for the development of hillside areas in a manner that will preserve the environmental and scenic benefits of these areas and protect development on the hillsides and in surrounding areas;
2. Promote hillside environmental goals and policies of the land use and open space and conservation elements of the General Plan;
3. Establish densities and open space areas consistent with adopted area, general or specific plans and provide density increase incentives to create open space;
4. Maintain an environmental balance consistent with existing vegetation, soils, geology, slopes and drainage patterns and to protect the natural topography, including swales, canyons, knolls, ridge lines, and rock outcroppings;
5. Avoid development that would result in an unacceptable hazard from fire, flood, land slide or other natural disaster;
6. Avoid development that results in high public maintenance costs;
7. Provide for flexible design so that development is concentrated in areas with the greatest environmental carrying capacity.
B. The following principles and standards are intended to carry out the hillside environment goals and policies of the open space and conservation element of the General Plan and the stated purpose of this title. All uses in the RR-H district must be found to be consistent with these principles and standards and adopted area, general or specific plans, before any approvals required by this title may be given:
1. The location, orientation and design for building sites, buildings, fences and other structures, and streets and other circulation elements shall maintain and preserve natural topography, cover, significant landmarks and trees, minimize cut and fill, and preserve and enhance views and vistas on and off the subject property. Exceptions to City street standards may be made in order to accomplish these objectives; provided, that such exceptions shall not inhibit access or maneuvering area for emergency vehicles.
2. The design of buildings, fences and other structures shall be in harmony with and enhance natural site characteristics in regard to height, bulk, textures, color, reflective properties, roof characteristics and setbacks.
3. In those areas where approval is given to disturb or remove natural vegetation and ground cover, natural ground covers and other surfacing shall be installed and a system designed for perpetual maintenance and care. All landscaping, ground covering, and other surfacing shall be in harmony with the natural site characteristics. (Ord. 699 § 2, 2014).
17.15.020 Applicability.
The RR-H district may be applied to properties or portions of properties that are part of a hillside, hilly or mountainous area, ridgetop or plateau, where a slope greater than five percent exists on the property, and as designated on the official zoning map of the City. (Ord. 699 § 2, 2014).
17.15.030 Uses allowed.
Uses allowed in the RR-H district are as follows:
A. Uses Allowed without a Use Permit.
1. Small-scale agriculture, horticulture, and gardens, commercial vineyards and orchards not larger than two acres in area.
2. Uses determined by the Planning Commission to be similar in nature as provided by Chapter 17.03 CMC.
3. One accessory dwelling unit per lot in accordance with Chapter 17.37 CMC.
4. One junior accessory dwelling unit per lot in accordance with Chapter 17.37 CMC.
B. Uses Allowed by a Use Permit.
1. One one-family dwelling per lot.
2. Bed and breakfast inns and facilities, in accordance with Chapter 17.35 CMC.
3. Family child care, small or large, as defined and operated in accordance with State law.
4. Religious institutions.
5. Public facilities.
6. Geothermal activity (exploration, development and land use).
7. Uses determined by the Planning Commission to be similar in nature as provided by Chapter 17.03 CMC.
8. Supportive housing.
9. Transitional housing.
10. Contractor storage yards.
C. Uses Requiring an Administrative Use Permit.
1. Subdivision sales office in conjunction with an approved subdivision.
2. Building additions of 400 square feet or more.
3. New accessory buildings or structures of 400 square feet or more on a parcel that is already developed with a primary use.
D. Allowed Accessory Uses and Structures.
1. Fences, corrals, coops, hutches, pens, garages, stables, storage sheds and similar structures, provided that no accessory building shall be constructed prior to the construction of a main building, nor on a lot separate from the main building.
2. Raising of chickens, or similar poultry, and rabbits and raising of livestock, for private use; provided, that not more than one large domestic animal (such as a horse, mule, cow, steer or sheep) shall be kept for each one-half acre of grazing land.
3. Student projects associated with agricultural education.
4. Home occupations as permitted by Chapter 17.43 CMC.
E. Prohibited Uses. Uses prohibited in the RR-H district are as follows:
1. Commercial uses, including but not limited to retail or wholesale nurseries or tree farms, or the raising of animals for commercial purposes.
2. Transient commercial occupancies of dwelling units.
3. Other uses not specified in subsections (A) through (D) of this section. (Ord. 744 § 2 (Exh. A), 2020; Ord. 732 § 2(3), 2018; Ord. 729 § 2.4, 2017; Ord. 710 § 4, 2015; Ord. 699 § 2, 2014).
17.15.040 Height limit of buildings and structures.
A. The height limits of new primary buildings and structures in the RR-H district shall be determined by use permit.
B. The height limits of additions to primary buildings shall be 25 feet unless a greater height is approved by a use permit. (Ord. 699 § 2, 2014).
17.15.050 Minimum development standards.
The following standards apply to development within the RR-H district:
A. Minimum Setbacks.
1. Setbacks from the property lines for additions to primary buildings that existed prior to the establishment of the RR-H district shall be:
a. Front yard: 20 feet.
b. Street side yard, corner lot (CMC 17.38.040, Exhibit A): 15 feet.
c. Street side yard, reverse corner lot (CMC 17.38.040, Exhibit A): 20 feet.
d. Side yard, interior lot (CMC 17.38.040, Exhibit A): 10 feet, except that nonresidential uses require a 20-foot setback from a side interior lot lines.
e. Rear yard: 20 feet.
2. Minimum front, side, and rear yard setback requirements for primary structures related to the development of a vacant lot, or for a new primary structure on a previously-developed lot, shall be determined by use permit in accordance with the development principles and standards of CMC 17.15.010.
3. Setbacks from the property lines and other structures for accessory buildings and structures shall be maintained as provided by CMC 17.38.050.
B. The yard setback requirements, in combination with height limit requirements, shall define a volume of space called the lot’s building envelope within which all building structures shall be constructed.
C. The maximum lot coverage of each lot shall be 40 percent.
D. Each lot shall be provided with a minimum amount of accessible, usable, and private open space equal to 25 percent of the floor area of the house. Usable open space shall be defined as areas covered by grass, dirt or natural vegetation; outdoor patios; decks; swimming pools and game courts. Heavily-landscaped areas not normally expected to be walked upon, driveways, parking spaces, and yard or open space areas having a slope greater than 10 percent shall not be credited towards the minimum open space. Walkways, stairs, steps and the like can be credited as open space at the discretion of the Planning Commission or Planning and Building Department. (Ord. 699 § 2, 2014).
17.15.060 Preliminary development plan – Concept phase.
A. Prior to the use permit approval, applicants shall submit a preliminary development plan to the Planning Commission for approval in principle. The purpose of the preliminary development plan is to determine quickly and inexpensively if an applicant has a desirable hillside development project. This approval shall be limited to the general acceptability of the land uses, specific uses and densities proposed, and interrelationships.
B. A preliminary development plan shall be defined as a review of all land uses proposed, including site plans and drawings to adequately describe the proposed development plan concept, including its architectural character. The preliminary development plan may also include additional conceptual information such as existing and proposed grades, building footprints, exterior elevations, circulation and parking, and major landscape features.
C. The Planning Commission shall hold one or more public hearings on the preliminary development plan in accordance with the procedure set forth in Chapter 17.40 CMC. The Planning Commission may deny the preliminary development plan as submitted, or approve the plan in concept subject to specific amendments or conditions.
D. A preliminary development plan shall be accompanied by an initial study to outline potential adverse environmental impacts of a proposed hillside development project. An environmental impact report, if required, shall accompany the final development plan.
E. The preliminary development plan shall include the following:
1. Legal description of subject property.
2. Proposed land uses showing general locations of all buildings and proposed specific uses.
3. Delineation on the site and for the adjacent properties within a 300-foot radius of the subject property of the following: significant natural features such as trees, rock outcroppings, drainage courses and topography shown on contour maps with contour intervals not to exceed five feet.
4. A tabulation of the total land area and percentage thereof designated for various uses.
5. General circulation pattern indicating both public and private vehicular and pedestrian ways.
6. Relationship of present and future land uses to the surrounding area and to the General Plan.
7. A preliminary report indicating provisions for storm drainage, sewage disposal, grading and public utilities.
8. Delineation of development phasing, if any.
9. A preliminary evaluation of the vegetation, soils, geology and hydrology of the area including the downstream effects of development and methods for preventing on-site slippage and erosion.
10. A visual analysis of the property as it relates to the existing and proposed setting; a characterization of the significant visual elements of the land (and parts thereof) in terms of scale, form, color, visual amenity and relation to surrounding terrain.
11. Preliminary plans for preserving natural features, including vegetation, during construction and in perpetuity.
12. Preliminary report on methods for minimizing grading of building sites and streets and indicating where natural materials will be deposited and removed.
13. A conceptual landscaping plan.
14. Statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces.
15. Any additional information which may be required to determine if the contemplated arrangement of uses is consistent with the hillside environmental goals and policies of the open space and conservation element of the General Plan and the provisions of this title. (Ord. 699 § 2, 2014).
17.15.070 Final development plan – Permit phase.
A. The purpose of the final development plan/use permit approval phase is to describe with considerable detail the site planning, architectural and landscaping components of an approved preliminary development plan. The level of detail required for final plans shall be that which would be required for a building permit submittal. In instances where proposed hillside developments are relatively small (i.e., one single-family dwelling), both the preliminary development plan and the final development plan can be consolidated into one review phase.
B. The final development plan shall include all the components of a preliminary plan in greater detail.
C. An environmental impact report, if required, shall be approved prior to approval of a final development plan and use permit. (Ord. 699 § 2, 2014).
17.15.080 Density and development standards.
A. The minimum land area required per dwelling unit in any RR-H zone shall be determined by the following slope regulations:
For the purpose of this section, the average slope of a lot or parcel shall be determined according to the formula:
|
S |
= |
0.0023 IL |
|
A |
where:
S is the average slope in percent;
I is the contour interval in feet;
L is the combined length of contour lines in feet;
A is the gross area in acres of the parcel or lot as applicable.
B. In measuring the slope, a topographic base map prepared by the United States Geological Service (USGS) or similar map as approved by the City Engineer shall be used. Contour measurement shall be made at contour intervals no more than 10 feet.
C. Each individual lot resulting from the proposed subdivision of hillside land shall require an average slope (S) calculation. No average slope for an individual lot shall exceed 30 percent. Existing legal lots of record with greater than 30 percent slope shall be allowed to contain only one dwelling unit.
D. In calculating the average percent of slope, any part of a parcel may be excluded from the calculation if requested by the owner and the Planning Commission so elects. However, in calculating allowable land use densities applicable to the parcel, only the land used in the slope calculation shall be used. If land is excluded from the calculation of density, the land must remain undeveloped and a deed restriction recorded.
E. The minimum land area per dwelling unit shall not be less than “a” as determined by the formula, where “S” is the average slope of a lot or a parcel not exceeding 30 percent:
|
a |
= |
1 |
|
1.089 – 0.017798S |
F. Minimum lot sizes shall also be determined in additional ways:
1. Except for clustered development designs, minimum lot sizes shall be determined by the Planning Commission to range from 40,000 square feet to 200,000 square feet depending on the availability of City sewer and water services, as indicated in the General Plan.
2. Clustered development designs, as encouraged in the General Plan and as allowed to provide incentives to create open space, may contain smaller lot sizes when determined appropriate by the Planning Commission. In any other instances where it might be unclear what is the minimum lot size allowed, the Planning Commission shall make that determination.
G. Lands in excess of an average slope of 30 percent shall be shown on subdivision maps in either of two ways:
1. As permanent open space shown on all maps maintained by a homeowner association, open space association, some other type of district, or other similar organization as approved by the Planning Commission; or
2. As land included within the designated subdivision lots (those lots with average slopes of 30 percent or less). The area of lands over 30 percent average slope cannot be used in any area or density calculations with those lands of slopes 30 percent or under (see subsection (D) of this section). (Ord. 699 § 2, 2014).
17.15.090 Other development requirements.
Additional requirements that apply to development in the RR-H district include, but are not limited to, the following.
A. Design review, per Chapter 17.06 CMC.
B. Affordable housing, per Chapter 17.08 CMC.
C. Off-street parking and loading, per Chapter 17.36 CMC.
D. General provisions and exceptions, per Chapter 17.38 CMC.
E. Use permits, per Chapter 17.40 CMC.
F. Fences, hedges or walls, per Chapter 17.52 CMC.
G. Repealed by Ord. 720.
H. Requests for reasonable accommodation, per Chapter 17.60 CMC.
I. Trees, per Chapter 19.01 CMC.
J. Conservation regulations, per Chapter 19.08 CMC. (Ord. 720 § 2, 2015; Ord. 699 § 2, 2014).