Chapter 16.44 SPECIFIC USE DEVELOPMENT STANDARDS

It is the purpose of this chapter to identify land uses and activities which possess the potential to cause deleterious effects to the community in which they are located, and to subject such uses to specific regulations with the intent of minimizing, to the extent practical, these deleterious effects. Further, it is intended that in the districts in which these land uses are permitted, they are conducted in a manner which is consistent with the protection of the public health, safety, and welfare in accordance with the goals, policies, objectives and implementation programs contained in the general plan. (Ord. 171 § 11.10, 1994)

16.44.020 Applicability.

The provisions of this chapter shall apply to the activities and land uses specified by this chapter in addition to any standards and regulations established by this title which may also be applicable to these specified land uses or activities. (Ord. 171 § 11.20, 1994)

16.44.030 Adult entertainment.

Repealed by Ord. 205. (Ord. 171 § 11.30, 1994)

For provisions on sexually oriented business regulations, see Chapter 16.72 HMC.

16.44.040 Agricultural and animal uses.

A. Intent. This section is intended to ensure that agricultural and animal keeping or husbandry land uses do not create adverse impacts to adjacent properties such as dust, noise, odor, fumes, bright light, visual blight, or insect infestation.

B. Applicability. All agricultural and animal keeping or husbandry land uses conducted shall comply with the provisions of this section in addition to the applicable provisions of the zone district in which the use is located.

C. Pre-Existing Uses. A legally established agricultural or animal keeping and husbandry use which would, as a result of the adoption of this title, become nonconforming with this section shall be permitted to continue as a “legal nonconforming use”; provided, however, that the use meets the criteria for legal nonconforming uses, pursuant to HMC 16.08.150, Nonconforming Use and Structure Provisions.

D. Permitted Uses. The following uses are permitted uses on each residential parcel in the city. For purposes of calculating allowed number of animals, remainders of area or of animals shall be rounded down.

1. Domestic Pets.

a. On lots smaller than 20,000 square feet, the keeping of dogs or cats shall not exceed four adult dogs or four adult cats or a combination totalling not more than four adult animals.

b. On lots of 20,000 square feet or greater, two adult dogs or two adult cats or a combination totalling not more than two adult animals may be kept on a parcel for each 10,000 square feet of net lot area, up to a maximum of eight adult dogs or eight adult cats or a combination totalling not more than eight adult animals.

c. The keeping of any number of domestic household pets, and other small animals, not including cats and dogs, including parakeets, cockatiels, tropical fish, hamsters, rats, mice, etc., and other similar domestics.

2. Horses.

a. No horses or ponies shall be kept on any lot with a net area less than 20,000 square feet.

b. One adult horse may be kept on a parcel for each 10,000 square feet of net lot area, up to a maximum total of six horses or ponies or combination thereof.

E. Animals Permitted Subject to Department Review Permit. The keeping of the following animals in any combination shall be permitted subject to issuance of a department review permit within any residential district:

1. Goats, Sheep and Other Small Sized Cleft Hoof Animals.

a. No goats, sheep or other small sized cleft hoof animals shall be kept on any parcel with a net area of less than 10,000 square feet.

b. Two adult goats, sheep or other small sized cleft hoof animals may be kept for each 10,000 square feet of net lot area, up to a maximum total of eight adult animals total, in any combination of species.

2. Cattle (Bovines).

a. No cattle or bovines shall be kept on any lot or parcel with a net area of less than 20,000 square feet.

b. One bovine may be kept for each 10,000 square feet of net lot area, up to a maximum total of two bovine.

3. Poultry, Rabbits and Other Small Animals.

a. On legal parcels less than 10,000 square feet net lot area, a maximum total of 20 adult animals, in any combination of species, may be kept.

b. On legal parcels larger than 10,000 square feet net lot area, a maximum of 50 such animals per 20,000 square feet in any combination of species may be kept, provided the total number kept does not exceed 500 animals.

c. No more than one rooster may be permitted on any parcel in the R-1, R-2, and R-3 Districts.

F. Animals Permitted Subject to Conditional Use Permit.

1. Aviaries, Not Including Chickens. On any size lot, the number of birds shall not exceed 17 birds for each 10,000 square feet of net lot area.

2. Apiary (Beekeeping). Hives and/or boxes shall be placed a minimum of 400 feet from any street, road, highway, public school, or park or any occupied dwelling except the owner or caretaker of the apiary.

3. Exotic or wild animals (as defined in Chapter 16.04 HMC).

4. On lots 20,000 square feet or greater, frog farms or the raising of earthworms may be permitted; provided, that the area devoted to such use or uses shall not exceed 10 percent of the net lot area.

5. Fish hatcheries or farms for their stocking, breeding or commercial sale.

6. The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs, and other such animals similar in size, appearance, and weight, for commercial purposes.

7. Offspring born to permitted or conditionally permitted animals kept on any given site may be maintained on said site until weaned without being counted against the maximum number of animals permitted on the site (cats and dogs, four months; horses, 12 months; all other equine and cleft-hoofed animals, six months).

G. Commercial Nurseries.

1. The propagation, processing, and wholesale distribution of nursery plant stock, including the on-site sale of related materials and supplies associated with landscape improvement and/or maintenance operations, where the sale of such nonplant-related nursery stock is clearly incidental and related to the stock propagated on-site for distribution. However, outdoor storage and display shall be limited solely to the retail sale of the nursery plant stock. (Ord. 171 § 11.40, 1994)

16.44.050 Antennas and satellite dishes.

A. Intent. This section is intended to reduce the potential safety, aesthetic, and view blockage impacts of satellite dishes, and to integrate such structures into neighborhoods with the least possible impact to the surrounding community.

B. Applicability.

1. This section applies to every antenna and satellite dish installed or modified on or after the effective date of the ordinance codified in this title.

2. Except as otherwise provided for in this section, no antenna or satellite dish shall be installed or modified prior to approval of a department review permit, including if said antenna or satellite dish is proposed as an accessory structure to an existing use for which a conditional use permit was required.

C. Development Standards.

1. Residential Districts. Every satellite dish installed, modified, and maintained in a residential zone district shall be in accordance with the provisions of this section.

a. Only one per parcel is permitted.

b. The diameter of the dish shall not exceed five feet unless applicant can document that a larger dish is necessary in order to receive basic service in that location.

c. The dish shall not be located in the front yard of the parcel.

d. The dish shall comply with all height and setback requirements specified for accessory structures within the applicable district.

e. Dishes smaller than three feet in diameter may be roof-mounted; provided, that the top of the dish is below the peak of the roof line, and is no greater than 23 feet in total height. Dishes with a diameter of three feet or greater shall be ground-mounted and shall have a height no greater than eight feet.

f. The dish shall be finished in a color to neutralize and blend it with the immediate surroundings.

g. The dish shall be screened and landscaped along all sides when visible from the street except that of the reception window of which low-level landscape treatment shall be applied along the dish’s base. Such treatments shall completely enclose the dish.

h. The installation shall be located in such a way as to prevent obstruction of the dish’s reception window from potential permitted development on adjoining parcels.

i. A building permit shall be obtained.

j. The display of signs or other graphics on a satellite dish is prohibited.

2. Nonresidential Districts. Every satellite dish installed, modified and maintained in a nonresidential zone district shall be in accordance with the provisions of this section.

a. Only one dish greater than five feet in diameter per parcel may be permitted.

b. The diameter of any dish shall not exceed 10 feet.

c. Dishes shall comply with all height and setback requirements specified for accessory structures for the applicable district.

d. Dishes shall be finished in a color to neutralize and blend it with the immediate surroundings.

e. The installation shall be located in such a way as to prevent obstruction of the dish’s reception window from potential permitted development on adjoining parcels.

f. Dishes shall not be located in front of the primary structure on the parcel and shall not be visible from the primary access street.

g. A building permit shall be obtained.

h. The display of signs, lighted displays, or other graphics on a satellite dish is prohibited.

3. Standards for Antennas in All Districts. The installation of one antenna which exceeds the maximum height for the district within which the antenna is to be located may be permitted subject to the following limitations and the approval of a variance pursuant to HMC 16.08.070.

a. Any operation of citizen’s band or other radio transmitting equipment, excluding public service, public safety, or emergency radio services, shall be subject to the provisions of Chapter 16.48 HMC, Performance Standards.

b. Microwave, mobile phone antenna, and antenna repeater stations require a conditional use permit and are subject to the provisions of Chapter 16.48 HMC, Performance Standards.

c. The antenna shall not exceed 10 feet over the height limit for the district in which it is located, unless such antenna is found by the planning commission to be necessary to protect the public health and safety. (Ord. 213 § 11, 1996; Ord. 171 § 11.50, 1994)

16.44.060 Arcades and video machines.

A. Intent. This section is intended to establish standards which will mitigate the noise and loitering commonly associated with arcades and video machines. Regulations controlling the specific location and development of these uses are established by this section.

B. Applicability. Arcades as defined in Chapter 16.06 HMC shall be permitted only in the General Commercial (CG) and Neighborhood Commercial (NC) Districts subject to the approval of a conditional use permit. A conditional use permit shall also be required for existing arcades at such a time as those arcades apply for city permits for expansion.

C. Minimum Development and Performance Standards.

1. Number of Machines. These standards shall apply to those facilities where the arcade is the primary business.

2. Maximum Number of Machines. The number of video machines permitted shall not exceed one machine per each 30 square feet of floor area.

3. Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

4. Bicycle Racks. Bicycle storage racks shall be maintained off the public sidewalk at the ratio of one-half bicycle space per machine to adequately accommodate bicycles utilized by arcade patrons.

5. Telephones. At least one public telephone shall be provided at each arcade. All telephones shall be located within the building.

6. Hours of Operation. The hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m. every day of the week.

7. Adult Supervision.

a. An adult supervisor shall be able to readily observe all video machines and all areas of business.

b. The adult supervisor shall be present at all times during hours of operation, and, if the number of video machines exceeds 40, there shall be two adult supervisors present at all times during hours of operation.

8. Noise. No sound created by any arcade, or its patrons, shall be detectable from the exterior of the arcade or from adjacent uses.

9. Smoking, Eating, and Drinking. No alcoholic beverages or cigarettes shall be sold or consumed within the arcade. Appropriate notification shall be displayed within the premises.

10. Litter. The premises shall be continuously maintained in a safe, clean, and orderly condition. (Ord. 307 § 38, 2006; Ord. 171 § 11.60, 1994)

16.44.070 Automobile dealerships.

A. Intent. This section is intended to ensure that automobile dealerships do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off. The following special conditions shall apply to automobile dealerships.

B. Development Standards. All new dealerships shall comply with the provisions of this section in addition to the development standards and permit procedures for the district in which it is located.

1. Minimum Lot Size. The minimum lot size for automobile dealerships shall be 40,000 square feet.

2. Parking. Areas designated for employee and customer parking shall not be used for vehicle storage or display. All parking and vehicle storage or display areas shall be paved with asphalt or concrete paving.

3. Landscaping.

a. A minimum 10-foot landscape strip shall be provided outside the public right-of-way along the street frontage perimeter of all vehicle display areas, outside the public right-of-way. Setback requirements pursuant to the zone district in which the use is located shall be expanded to require an additional five-foot landscaped area adjacent to any abutting residential district.

b. Final design treatment shall be subject to review and approval by the planning commission. Parking areas used for vehicle display may not be subject to the screening requirements specified in the zone district for off-street parking, if approved by the planning commission.

4. Washing of Vehicles. All washing, rinsing, or hosing down of vehicles and of the property shall comply the requirements specified for vehicle repair facilities in HMC 16.44.240, Vehicle repair facilities.

5. Loading and Unloading of Vehicles. Loading and unloading of vehicles shall be conducted in accordance with the following provisions:

a. The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities, to the extent any such activities violate the provisions of this subsection.

b. Loading and unloading of vehicles is limited to the hours of 7:00 a.m to 7:00 p.m Monday through Saturday.

c. Off-loading locations shall be established either on-site or off-site, and shall be subject to the approval of the city engineer if within the public right-of-way. Loading and unloading activities shall not block the ingress or egress of any adjacent property.

6. Storage of Vehicles to be Repaired. Vehicles brought on-site for repair purposes shall not be parked or stored on any public street or alley, and should be parked in required parking spaces reserved for such purposes.

7. Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of HMC 16.44.240, Vehicle repair facilities.

8. Queuing of Vehicles. On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and a half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

9. Noise Control.

a. Loudspeakers are permitted; provided, that noise levels are maintained below 55 dBA at any boundary abutting a residential use.

b. All noise-generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below 55 dBA at the property boundary.

10. Toxic Waste Storage and Disposal. Gasoline storage tanks shall meet all applicable state and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

11. Air Quality.

a. Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air.

b. Mechanical ventilating equipment shall consist of exhaust vents located at the roof level and which face away from adjacent residential properties.

c. Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (Ord. 341 § 18, 2009; Ord. 213 § 11, 1996; Ord. 171 § 11.70, 1994)

16.44.080 Automobile rental agencies.

A. Intent. This section is intended to ensure that automobile rental agencies do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off.

B. Development Standards.

1. Washing of Vehicles. All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements for vehicle repair facilities in HMC 16.44.240, Vehicle repair facilities.

2. Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is otherwise permitted and licensed by the state of California to repair motor vehicles.

3. Storage of Vehicles. No vehicles to be displayed, sold, rented, or repaired shall be parked or stored on any street or alley. In addition, no rental cars shall be stored or parked within parking areas intended to meet the provisions of Chapter 16.52 HMC, Parking Regulations. (Ord. 171 § 11.80, 1994)

16.44.090 Bed and breakfast uses.

A. Intent. This section is intended to control the establishment and operation of bed and breakfast uses in residential zone districts to ensure that such uses do not adversely effect the surrounding residential neighborhood.

B. Applicability. All bed and breakfast uses, as defined herein, shall comply with the provisions of this section in addition to the provisions of Chapter 16.16 HMC, the residential zone district in which the use is located.

C. General Regulations.

1. Bed and breakfast uses may be permitted in all residential zone districts and in all zone districts where residential uses are permitted.

2. Only one-family dwelling structures, including habitable accessory structures, shall be considered for bed and breakfast uses.

3. This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the said use is proposed.

a. All bed and breakfast uses shall be subject to:

i. Conditional use permit as specified in Chapter 16.08 HMC. The conditional use permit is renewable annually;

ii. Health permit as specified in Title 3 of the County Code. The health permit is renewable annually; and

iii. Transient occupancy tax (bed tax).

b. Application for a permit shall be made by the resident property owner or his legal agent having power of attorney to make such application.

D. Development Standards.

1. Structural Features.

a. All dwelling units proposed for bed and breakfast use must comply with standards and specifications of the adopted fire and building codes, and shall also be subject to the room occupancy standard outlined in the State Housing Law (as amended).

b. Each guest room shall be equipped with smoke detection, fire alarm and fire suppression equipment as outlined in the fire and building codes. Required exit/egress must be provided and maintained and an emergency evacuation map must be displayed in a prominent location in each guest room.

2. Accesses and Driveways. The owner shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants’ use at all time.

3. Parking. In addition to the required parking standards for residential uses, one parking stall 19 feet in length and nine feet in width shall be provided on-site for each guest room. Such additional parking spaces shall comply with the location and design standards established by the applicable zone/land use district and the provisions of this title. Neither on-street parking nor tandem parking shall be used to satisfy this on-site parking requirement. Additional parking spaces may be required when deemed necessary by the reviewing authority.

4. Design Standards.

a. Alterations and modifications may be made to the structures and the site but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable provisions, requirements and standards of the city ordinances.

b. Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within the front yard setback.

c. Any lights used to illuminate the site shall be designed so as to reflect away from adjoining properties and public thoroughfares.

d. A nonilluminated identification sign, not to exceed six square feet in area, is permitted. If not attached to the residence, such sign shall not exceed six feet in height and must blend with the architectural style of the structure and the neighborhood.

5. Kitchen Facilities.

a. There shall be no cooking facilities permitted in guest rooms.

b. The sale of food or other materials in residential districts is limited to guests who are currently residing on the premises where the use is located and not to the general public.

6. Records of Patrons. Records of all guests who patronize the bed and breakfast establishment shall be preserved for a minimum period of three years before such records are discarded.

7. Miscellaneous Standards.

a. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

b. The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

c. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

d. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, signs, or the emission of sounds, noises and vibrations.

e. The uses of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

8. Penalty for Noncompliance. The community development director or planning commission may void any special use permit for a bed and breakfast use for noncompliance with the conditions set forth in approving the permit, and shall give notice of such action to the permittee.

9. Findings. Prior to acting upon an application for a conditional use permit for a bed and breakfast use, the community development director shall find that all the following are true:

a. That the site upon which the bed and breakfast use is to be established shall conform to all standards of the zone/land use district in which it is located, and that the site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other applicable requirements of this title.

b. That the residential character of the neighborhood in which the use is located shall be maintained and preserved, and that the issuance of the permit shall not be significantly detrimental to the public health, safety and welfare or injurious to the vicinity and district in which the use is located.

10. Types of Bed and Breakfast Uses. Bed and breakfast uses shall be classified into three types:

a. Host home (having one or two guest room(s)).

i. Such homes shall have a minimum of two bathrooms.

b. Bed and breakfast home (having three to five guest rooms):

i. In addition to the special use permit, such use shall be subject to conditional use permit as specified by Chapter 16.08 HMC.

ii. Such home shall have a minimum of three bathrooms.

c. Bed and breakfast inn/lodge having a minimum of six and a maximum of 10 guest rooms:

i. Structures of Historical, Architectural and Cultural Significance. Only residential structures that have been determined to be of historical, architectural or cultural significance by the city council or properties which are on the state or national listing of structures of historical significance shall be permitted to be used as a bed and breakfast inn/lodge.

ii. A residential building that has been declared a historical structure shall be subject to prealteration inspection by a designated city official prior to application for bed and breakfast use and report of such inspection must accompany the application.

iii. All historical structures proposed for bed and breakfast uses shall comply with all current applicable standards of the adopted fire, building, existing and historical codes, including those pertaining to the physical and structural conditions of the building and the site.

iv. This use shall be subject to a conditional use permit as specified by Chapter 16.08 HMC.

v. Such homes shall have a minimum of four bathrooms. (Ord. 435 §§ 14, 15, 2019; Ord. 171 § 11.90, 1994)

16.44.100 Day care facilities.

A. Intent. This section is intended to ensure that day care facilities as defined in Chapter 16.04 HMC which provide child care in residential districts do not adversely impact the adjacent neighborhood. Day care facilities are needed by Highland residents in close proximity to their homes; potential traffic, noise and safety impacts of this use have the potential to be detrimental to the community. It is the further intent of this section to allow day care operations in residential surroundings to give children a home environment which is conducive to healthy and safe development.

B. Performance Standards for Day Care Facilities.

1. General Requirements. Day care facilities shall conform to all property development standards and permit procedures of the district in which they are located in addition to the provisions of this section.

2. Outdoor Play Area. An outdoor play area shall be provided which complies with the provisions of the California Health and Safety Code governing child day care facilities. Stationary play equipment shall not be located in required front or side yard setbacks.

3. Fences and Walls. When located within or adjacent to a nonresidential district, a six-foot high solid block wall shall be constructed on all property lines, except in the front yard where a fence or wall shall not exceed three feet six inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry.

4. Landscaping. When located in a residential district, on-site landscaping shall be maintained in good physical condition.

5. On-site Parking. On-site parking for home-based day care facilities located within residential districts shall not be required in excess of two on-site spaces.

6. Passenger Loading. A passenger loading/unloading plan shall be reviewed and approved by the city engineer.

7. Lighting. All lighting shall comply with the provisions of HMC 16.48.080, except that when located within a residential district, lighting shall be directed away from adjacent properties and public right-of-way except passenger loading areas.

8. Hours of Operation. For the purposes of noise abatement, day care facilities in residential districts may operate between the hours of 6:00 a.m. and 7:00 p.m., seven days a week.

9. Outdoor Activity. For the purposes of noise abatement, outdoor activities for day care facilities in residential districts may only be conducted between the hours of 8:00 a.m. to 7:00 p.m.

10. State and Other Licensing. All day care facilities shall be state licensed and shall be operated according to all applicable state and local regulations.

11. Concentration of Uses. A new or proposed day care facility shall not be located within 660 feet from a legally existing day care facility.

12. Notification of Permits. Upon application for a day care facility, the city shall give notice to all property owners and all tenants within a 100-foot radius of the site which shall include the address of the site, the nature of operation, and the right of such notified person to appeal the decision. Such notice shall be in addition to any other notice required by this title. (Ord. 171 § 11.100, 1994)

16.44.110 Dependent housing.

A. A detached dependent housing unit as defined in Chapter 16.04 HMC may be permitted per parcel in any zone district as an accessory use to any permitted single-family residential primary land use; provided, however, that there is only one primary residential land use occupying the site.

B. Requirements.

1. The permittee shall occupy at least one of the dwelling units on the premises;

2. The permittee shall own the dependent housing unit;

3. Applications for a permit shall be made by a resident owner of the subject property on which the dependent housing unit is to be located, or by his legal agent having power of attorney to make such application;

4. Must obtain a temporary occupancy permit, pursuant to HMC 16.08.120;

5. Renewal of Permit. Permits for a dependent housing unit shall be issued for a period not to exceed 24 months and may be renewed for additional 24-month periods;

6. Change of Residency. The permittee submit written notification to the community development department of any change of residency in the temporary dependent housing unit.

C. Findings. Prior to acting upon an application for a special use permit for a temporary dependent housing unit, the reviewing authority shall find that all of the following are true:

1. That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other requirements of this title.

2. The proposed temporary dependent housing unit is clearly subordinate in size, location and appearance to the principal unit.

3. Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity and district in which the use is located.

4. The temporary dependent housing unit shall be erected, constructed or installed so as to allow for its feasible removal.

5. The appearance of the temporary dependent housing unit and the method of siting are compatible with the surrounding built environment.

D. Conditions.

1. Permitted Structural Types.

a. Units constructed to meet the standards of the National Mobilehome Construction and Safety Standards Act of 1974 (Section 18551 of the California Health and Safety Code), subject to the issuance of a mobilehome permit in accordance with HMC 16.08.110.

2. Floor Area. A maximum gross floor area of 640 square feet shall be permitted.

3. Design Standards.

a. Except as otherwise provided in this section, the appearance of any temporary dependent housing unit erected, constructed or set down in accordance with the provisions of this section shall be similar to, or compatible with, the appearance of the principal residence to which the temporary dependent housing unit is to be accessory.

4. Parking. Additional parking for the temporary dependent housing unit shall not be required if there is presently sufficient off-street parking provided, per the applicable requirements of this title, or if the resident(s) of the temporary dependent housing unit are incapable of operating a motor vehicle.

5. Location. The temporary dependent housing unit shall not extend beyond the principal unit where such principal unit faces a right-of-way.

6. Lot Area. A temporary dependent housing unit shall not be permitted on any parcel which does not meet the minimum area requirements of the zone and land use district in which it is located.

7. Removal of Unit. As a condition of permit approval, the permittee shall enter into an agreement with the city, which shall be recorded, placing responsibility upon the permittee to comply with the provisions of this section, describing the method of removal of the temporary dependent housing unit, and acknowledging that the permittee shall bear the cost of removal of such unit. (Ord. 171 § 11.110, 1994)

16.44.120 Drive-in, drive-through, fast food, and take-out restaurants.

A. Intent. This section is intended to ensure that drive-in, drive-through, fast food, and take-out restaurants do not create adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter.

B. Applicability.

1. The provisions of this section shall apply to all new drive-in, drive-through, fast food, and take-out restaurants and to the expansion of 20 percent or more of the gross floor area or increase of more than 25 percent or more of the number of seats in any existing restaurant that results in a drive-in, drive-through facility.

2. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shall not be included in floor area calculations of purposes of determining applicability of this section.

C. Development Standards.

1. Hours of Operation. When located on a site adjacent to or separated by an alley from, any residentially zoned property, a drive-in, drive-through, fast food, or take-out restaurant shall not open prior to 6:00 a.m., nor remain open after 11:00 p.m, unless otherwise approved by the planning commission.

2. Driveways.

a. Drive-in and drive-through restaurants shall have driveways which shall provide for both ingress and egress, in all instances, and these driveways shall provide stacking space adequate for a minimum of six vehicles waiting for service.

b. Each drive-through lane shall be separated from the site circulation necessary for ingress and egress and to reach any parking space. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.

3. Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the city engineer.

4. Refuse Storage Area. On-site outdoor trash receptacle shall be provided at a rate of one trash receptacle for every 10 required parking spaces. One outdoor trash receptacle shall be provided on-site adjacent to each driveway exit or as otherwise approved by the community development director. (Ord. 171 § 11.120, 1994)

16.44.130 Exotic animals.

A. The keeping of exotic animals, as defined in Chapter 16.04 HMC, shall be permitted in only a single-family residential district subject to the following regulations.

B. Requirements.

1. Prior to giving notice in accordance with the provisions of HMC 16.08.170, the reviewing authority shall request that the county veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of type of animal and its behavior characteristics.

2. Any action to approve a request for an exotic animal as an accessory use to a primary single-family residential use shall not be effective until written evidence is received by the community development director that:

a. The applicant has applied for and obtained a permit from the Public Health Department.

b. The applicant has applied for and obtained a permit from the State Department of Fish and Game, if required.

3. Conditions. Any action to approve a request for an exotic animal as an accessory use to a primary single-family residential use shall include the following conditions in addition to any conditions deemed appropriate by reviewing authority:

a. The keeping of the animal must comply with all city code requirements including setbacks from property lines and other dwellings.

b. The keeping of the animal must comply with all applicable federal and state requirements.

c. No more than two exotic animals over the age of six months may be kept as an accessory use to a single-family residential use, unless a conditional use permit for a menagerie or zoo has been approved.

d. Each exotic animal must have sufficient area to be maintained and exercised in a normal health manner as determined by the county veterinarian. (Ord. 171 § 11.130, 1994)

16.44.140 Home based businesses.

A. Home Occupations.

1. Intent. The general purpose of this section is to set forth provisions by which home based businesses that are an accessory use to the primary residence may be established in private residences under conditions that will ensure their compatibility with the residential environment.

2. Applicability. The provisions of this section shall apply to all home occupations as defined in Chapter 16.06 HMC.

3. Performance and Development Standards. Home occupation businesses shall be permitted within any private residence subject to compliance with the following conditions:

a. There shall be no employment of help, other than members of the household that reside at the subject property.

b. There shall be no direct sale of goods associated with the home occupation on the premises.

c. The use shall not generate pedestrian or vehicular traffic above that which is typical of a residential neighborhood.

d. The home occupation shall not involve the use of commercial vehicles for the transport of materials to or from the premises beyond those commercial vehicles typically associated with residential uses.

e. A maximum of 250 square feet or 25 percent of the residence, whichever is greater, shall be utilized for storage of materials, supplies or equipment related to the home occupation.

f. There shall be no outdoor storage or visible storage of materials, supplies or equipment from outside of the home.

g. Not more than two rooms within the dwelling shall be utilized for the home occupation business, inclusive of an attached or detached enclosed garage. No outdoor space shall be used for home occupation purposes.

h. In no way shall the appearance of any structure or the conduct of the business within the structure be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, materials of construction, lighting, signs, sounds, noises, odors, vibrations or other means.

i. If the home occupation applicant is not the homeowner of the premises in which the home occupation will be conducted, written authorization from the property owner shall be provided.

j. Cottage food operations shall be exempt from these provisions and shall be governed by subsection B of this section.

B. Cottage Food Operations.

1. Intent. The general purpose of this section is to comply with California State Law Assembly Bill 1616 (AB 1616, approved September 21, 2012) which allows individuals to prepare and/or package certain non-potentially hazardous foods in private home kitchens, referred to as cottage food operations, and sell directly to the public on and off site. The intent of this chapter is to provide a permitting process to allow cottage food operations to comply with AB 1616, while protecting the integrity and character of existing residential neighborhoods.

2. Applicability. The provisions of this section shall apply to all cottage food operations as defined in Chapter 16.06 HMC.

3. Performance and Development Standards. Cottage food operations shall be permitted in any private residence subject to compliance with the following conditions:

a. No cottage food operation shall be allowed to operate without first securing all required permits and approvals from the San Bernardino County department of public health and the city.

b. Not more than one employee, paid or voluntary, not including an immediate family member or resident of the household of the cottage food operator, shall be employed by the cottage food operation.

c. Sales performed from the private residence shall be allowed subject to the following conditions:

i. No outdoor sales shall be permitted on the premises.

ii. Customer vehicles shall not impede vehicular or pedestrian traffic, block a driveway or sidewalk, or sit idling at any time.

iii. No on-site dining or loitering shall be permitted.

iv. On-site sales shall be limited to Monday through Sunday between the hours of 8:00 a.m. and 8:00 p.m.

d. Delivery and loading shall be subject to the following conditions:

i. Deliveries and loading shall be limited to Monday through Friday between the hours of 7:00 a.m. to 8:00 p.m. No deliveries or loading shall be permitted on Saturday or Sunday.

ii. Delivery and loading vehicles shall not impede vehicular or pedestrian traffic, block a driveway or sidewalk, block or occupy areas designated for emergency apparatus or sit idling at any time.

iii. Cottage food operations participating in indirect sales to third-party retailers shall not use third-party delivery services to deliver food products to the retailer.

iv. Delivery and loading vehicles shall not occupy or block access to required parking for the private residence.

e. Not more than two rooms within the private residence, one of which shall be the kitchen, that have been registered or permitted with the San Bernardino County department of public health shall be utilized for the food cottage operation, inclusive of an attached or detached enclosed garage. No outdoor space shall be used for cottage food operation purposes.

f. A maximum of 250 square feet or 25 percent of the private residence, whichever is greater, shall be utilized for storage of materials, supplies or equipment related to the cottage food operation.

g. There shall be no outdoor storage or visible storage of materials, supplies or equipment.

h. In no way shall the appearance of any private residence or the conduct of the cottage food operation within the private residence be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, materials of construction, lighting, signs, sounds, noises, odors, vibrations or other means.

i. The cottage food operation shall comply with the health and safety requirements set forth in the California Health and Safety Code Section 114365, et seq. If any imminent health hazard is found, the permit for operation of the cottage food business shall be suspended or revoked.

j. If the cottage food operator is not the homeowner of the private residence in which the cottage food operation will be conducted, written authorization from the property owner shall be provided.

k. Home occupations shall be exempt from these provisions and shall be governed by subsection A of this section. (Ord. 394 §§ 10, 11, 2014; Ord. 171 § 11.140, 1994)

16.44.150 Kennels and catteries (commercial and noncommercial).

A. Intent. This section is intended to ensure that the operation and maintenance of commercial and noncommercial kennels and catteries, as defined in Chapter 16.08 HMC, do not create a nuisance or otherwise impair the enjoyment of surrounding properties.

B. Applicability. All kennels and catteries, both noncommercial and commercial, as defined in Chapter 16.08 HMC, shall meet the provisions of this section in addition to other standards and permit procedures pursuant to the zone district in which such kennel is located.

C. Performance Standards for Commercial and Noncommercial Kennels and Catteries.

1. Animal runs shall meet the following criteria:

a. All animal runs shall be of adequate size for animals held therein.

b. All animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

c. All animal runs and animal holding areas shall have concrete or other durable flooring which is sloped for proper drainage.

d. All animal runs shall have adequate enclosures to provide protection from inclement weather.

e. All animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.

2. All kennels and catteries shall be served by sewer and/or all excrement produced by said kenneled animals shall be properly disposed of on a regular basis so as to control flies and odor.

3. The kennel area shall be so located and sound attenuated, if necessary, so that the noise levels measured at the property line do not exceed standards set for the adjacent use.

4. No animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within a required setback area. (Ord. 171 § 11.150, 1994)

16.44.160 Outdoor recreational facilities (public).

A. Intent. This section is intended to ensure that outdoor recreational facilities which are open to the public within or adjacent to a residential district do not adversely impact adjacent residential parcels and are utilized in a manner which protects the integrity of the district, while allowing for the enjoyment of a healthful, recreational activity.

B. Applicability. The provisions of this section shall apply to all recreational facilities which are owned by a public agency or are open to the public. This includes but is not limited to golf courses, driving ranges, swimming pools, tennis courts, ball fields, and other similar facilities.

C. Development Standards.

1. Outdoor recreational facilities covered by this section shall conform to all applicable property development standards for the district in which the facilities are located except as provided below.

a. When necessary to contain play within the recreational facilities, chainlink fences up to 12 feet in height, measured from the adjacent grade, may be permitted; provided, that such fences are not located within the front or side yard setback areas.

b. Fences greater than 12 feet in height, as measured from adjacent grade, may be permitted provided such fence is not located in the front or side yard setback when a finding is made by the community development director that such a fence height is necessary to protect adjacent residential streets, homes or property from possible damage resulting from use of the recreational facility. This provision shall only be applicable in the case of golf courses, driving ranges, and/or baseball/softball playing fields.

2. Landscaping and screening shall be provided and shall consist of a solid decorative fence, wall and associated planted screening on all boundaries of the parcel which abut public rights-of-way, a residential zone district, or residential land use.

3. Lighting may be permitted; provided, that such lighting shall not be used after 10:00 p.m. Monday through Friday or after 11:00 p.m. on Saturday and Sunday. (Ord. 171 § 11.160, 1994)

16.44.170 Recycling facilities.

A. Intent. This section is intended to provide the community with regulations controlling the siting of recycling, redemption and processing facilities, and to ensure that recycling facilities do not create adverse impacts on the surrounding land uses and community.

B. Applicability.

1. The provisions of this section shall apply to the following use types, as defined in this section and Chapter 16.06 HMC:

a. Reverse vending machines.

b. Small collection facilities.

c. Large collection facilities.

d. Processing facilities.

2. Such use types shall comply with the provisions of this section in addition to applicable standards and permit procedures of the zone district in which the use type is located.

C. Reverse Vending Machines.

1. Development Standards. Reverse vending machines shall comply with the following standards:

a. Shall be established either in an existing shopping center with an existing supermarket located within a General Commercial or Neighborhood Commercial Zoning District or in a public facility, either of which must be in compliance with this title and the building and fire codes of the city of Highland;

b. May be approved pursuant to the provisions of HMC 16.08.060, Staff review permits;

c. Shall be conveniently located as determined by a staff review permit and shall not obstruct pedestrian or vehicular circulation;

d. Shall not occupy required parking spaces and be limited to one vending machine per shopping center or public facility, unless so approved through a staff review permit;

e. Shall be certified by the California Department of Conservation to handle California Refund Value (CRV) beverage container recycling only;

f. Shall be constructed and maintained with durable, waterproof, and rustproof material;

g. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and telephone number of the operator or responsible person to call for repair and ownership;

h. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

i. Shall be maintained in a clean, litter-free condition on a daily basis;

j. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn; and

k. Shall be clean and not dented, bent or otherwise disfigured.

D. Small Collection Facilities.

1. Development Standards. Small collection facilities shall comply with the following standards:

a. May be approved pursuant to the provisions of HMC 16.08.060, Staff review permits;

b. Shall only be established in either an existing shopping center with an existing supermarket located within a General Commercial or Neighborhood Commercial Zoning District or in a public facility, either of which must be in compliance with this title and the building and fire codes of the city of Highland;

c. Shall occupy no more than five parking spaces or area of similar size not including space that will be periodically needed for removal of materials or exchange of containers and limited to one small collection facility per shopping center or public facility, unless so approved through a staff review permit only to the extent necessary to meet the Public Resources Code;

d. Shall be set back at least 10 feet from any property line, and shall not obstruct pedestrian or vehicular circulation;

e. Shall be certified by the California Department of Conservation to handle California Refund Value (CRV) beverage container recycling only;

f. Shall use no power-driven processing equipment, except for reverse vending machines;

g. Shall use containers that are:

i. Constructed and maintained with durable waterproof and rustproof material;

ii. Covered when site is not attended; secured from unauthorized entry or removal of material; and

iii. Of a capacity sufficient to accommodate materials collected and collection schedule;

h. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

i. Shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which a truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

j. Shall not exceed noise levels of 55 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;

k. Shall operate only during the hours between 9:00 a.m. and 7:00 p.m. when located within 100 feet of a property zoned or occupied for residential use;

l. Shall locate containers for the 24-hour donation of materials at least 100 feet from any property zoned or occupied by residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

m. Shall be painted and not be dented, bent or otherwise disfigured; and

n. Shall utilize clearly marked containers which identify the type of material which may be deposited, shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

2. The owner or operator of a small collection facility shall be responsible for collecting any abandoned trash containers and shopping carts within 500-foot radius of the small collection facility and contacting an appropriate trash hauler, shopping center owner, or both to pick up abandoned containers and carts, in addition to the requirements listed in subsection G of this section.

3. Signs may be provided as follows:

a. Small collection facilities may have a maximum of four identification signs, each a maximum of 20 percent per side of the facility or 16 square feet, whichever is larger. In the case of a wheeled facility, the side shall be measured from the pavement to the top of the container;

b. Directional signs, bearing no advertising message, may be installed as necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; and

c. The community development director may authorize increases in the number and size of signs upon finding that such an increase is compatible with adjacent businesses.

4. The facility shall not reduce the landscaping areas which may be required by this title for any concurrent use or under any permit or approval.

5. Parking.

a. No additional parking spaces will be required for customers of a small collection facility located in the established parking lot of an existing shopping center with an existing supermarket.

b. Mobile recycling units shall have an area clearly marked in the parking lot of the existing shopping center with an existing supermarket to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present or operating.

E. Large Collection Facility. A large collection facility is a collection facility which occupies more than 500 square feet in area, or is located on a separate parcel, not associated with an existing shopping center with an existing supermarket, and has a permanent structure.

1. Development Standards. Large collection facilities shall comply with the provisions of this section and are only permitted within the Industrial Zoning District.

a. Facility shall be located a minimum of 150 feet from the property line of any lot zoned or planned for residential use;

b. Facility shall operate in an enclosed building and shall meet all applicable noise standards in this title;

c. Setbacks and landscape requirements shall be those provided for in the Industrial Zoning District;

d. Storage.

i. All storage of material shall be within an enclosed building and;

ii. No outdoor storage (excluding truck trailers connected to truck cab during delivery operations) of recycled material and overseas containers, shall be permitted.

e. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

f. Space shall be provided on site for the anticipated peak customer load to circulate and to deposit recyclable materials. Parking requirements shall be as provided for in the Industrial Zoning District;

g. Noise levels shall be in compliance with Chapter 8.50 HMC, Noise Control, and Title 16 (Land Use and Development);

h. No containers or enclosures shall be provided for after-hours donation of recyclable materials;

i. Donation areas shall be kept free of litter and any other undesirable material and the facilities shall be clearly marked to identify the type of material that may be deposited, and the facility shall display a notice stating that no material shall be left outside the enclosed building or property;

j. Facilities and property shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the Industrial Zoning District. Directional signs may be installed with the approval of the community development director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way; and

k. Power-driven processing, including compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material are permitted only within an enclosed building if noise and other conditions are met.

2. The owner or operator of the large collection facility shall be responsible for collecting any abandoned trash containers and shopping carts within 500 foot radius of the large collection facility and contacting an appropriate trash hauler, shopping center owner, or both to pick up abandoned containers and carts, in addition to the requirements listed in subsection G of this section.

F. Processing Facilities.

1. Development Standards. Permitted processing facilities, both “light” and “heavy” as defined within “recycling facility” in HMC 16.06.180, R definitions, shall comply with the provisions of this section and are only permitted within the Industrial Zoning District.

a. Facility shall be located within a fully enclosed building;

b. Setbacks from property lines shall be those provided for the Industrial Zoning District;

c. Noise levels shall be in compliance with Chapter 8.50 HMC, Noise Control, and Title 16 (Land Use and Development);

d. Sign criteria shall be those specified in Chapter 16.56 HMC. In addition, the facility shall be clearly marked with the name and telephone number of the facility operator and hours of operation;

e. No containers or enclosures shall be provided for after-hours donation of recyclable materials;

f. The facility shall be administered by on-site personnel during hours of operation;

g. Exterior of building and premises areas shall be kept free of litter and any other undesirable material. Building and premises shall display a notice stating that no material shall be left outside the processing facility and premises;

h. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

i. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting or source-separated recyclable materials and repairing of reusable materials;

j. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

k. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

l. All storage of material shall be within an enclosed building. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage shall be in containers approved by the county director of environmental health services. No outside storage of processing material shall be permitted (excluding materials within truck trailers and overseas containers utilized for shipment purposes and not permanent storage and not visible above the height of the property’s solid fencing and/or landscaping);

m. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present;

n. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials if the facility is open to the public; and

o. Parking requirements shall be as mandated by the Industrial Zoning District.

2. The owner or operator of the processing facility shall be responsible for collecting any abandoned trash containers and shopping carts within 500-foot radius of the processing facility and contacting an appropriate trash hauler, shopping center owner, or both to pick up abandoned containers and carts, in addition to the requirements listed in subsection G of this section.

G. Site Cleanup Required. The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove said materials, the city may deem the site to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the city. (Ord. 373 § 3, 2013; Ord. 171 § 11.170, 1994)

16.44.180 Accessory dwelling units and junior accessory dwelling units.

A. Intent. This section is intended to provide reasonable regulations for the development of accessory dwelling units (“ADUs”) and junior ADUs (“JADUs”) in certain residential areas on lots developed or proposed to be developed concurrently with single-family residential or multifamily residential dwellings in compliance with state law regarding ADUs and JADUs (California Government Code Sections 65852.2 and 65852.22). ADUs and JADUs contribute needed housing to the community’s housing stock and are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. In addition, the regulations in this section are intended to ensure that ADUs and JADUs located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood, have access to adequate water and sewer services, will have limited impacts on traffic flow and public safety, and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels. Moreover, the regulations are intended to ensure that ADUs are not constructed in high fire severity zones as this poses a great risk to the public health and safety in the event of a fire and the need to quickly evacuate residents.

B. Definitions. The following words shall have the meanings set forth below, unless the context otherwise permits or requires:

1. “Accessory dwelling unit” or “ADU” has the meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time.

2. “Attached ADU” means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling.

3. “Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.

4. “Existing structure” means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.

5. “Junior accessory dwelling unit” or “JADU” has the meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time.

6. “Primary dwelling” means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.

7. “Public transit” has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.

C. General Requirements and Application Procedure.

1. An application for an ADU or JADU shall be considered ministerially, without discretionary review or a hearing, pursuant to either “planning review” ADU or a streamlined “building permit only” review. The city shall act on the application within 60 days from the date the city receives a completed application if there is an existing single-family dwelling or multifamily dwelling on the lot. If the application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall still be considered ministerially without discretionary review or public hearing under either the planning review or building permit only review. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. Table 16.44.180 summarizes the level of ministerial review required for various types of ADUs.

Table 16.44.180 – Ministerial ADU Review
Applications Subject to “Planning Review” (See HMC 16.44.180(D))	Applications Subject to “Building Permit Only” Review (See HMC 16.44.180(E))
Any application for an ADU that is not eligible for “building permit only” review, including but not limited to: • An ADU within the space of an existing accessory structure that expands the physical dimensions of that accessory structure by more than 150 square feet or where the expansion is not for the purpose of accommodating ingress and egress; and • A detached ADU with a floor area that exceeds 800 square feet or does not provide four-foot side and rear yard setbacks, on a lot with an existing or proposed single-family dwelling.	• One ADU within the space of an existing or proposed single-family dwelling or an accessory structure. The ADU may expand the physical dimensions of an existing accessory structure by not more than 150 square feet to allow for ingress and egress. The space must have exterior access from the proposed or existing single-family dwelling. The rear and side yard setbacks must be sufficient for fire and safety. • A JADU that meets the requirements of Government Code Section 65852.22. • One detached, new construction ADU, so long as the ADU does not exceed (1) a total floor area of 800 square feet, and (2) a height of 16 feet. • Multiple ADUs within the portions of an existing multifamily dwelling, in spaces not used as living space. Examples include conversion of storage rooms, boiler rooms, attics, basements, and garages. Each accessory dwelling unit must comply with state building standards for dwellings. The number of ADUs that may be created within a multifamily dwelling is equal to 25 percent of the number of existing multifamily dwelling units, or one ADU, whichever is greater. • Not more than two detached ADUs, on a lot with an existing multifamily dwelling. The ADUs are subject to a 16-foot height limit and must maintain at least a four-foot rear and side yard setback.

2. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city.

3. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.

4. The application for the planning review ADU or building permit only ADU or JADU must be signed by the owner(s) of the parcel of land.

D. Planning Review ADUs. Except as otherwise set forth in subsection E of this section, the city shall not approve an application for a new ADU unless the ADU satisfies all of the standards below. An application for a new ADU that satisfies each of the below standards shall be approved by the director of community development, or designee, following a ministerial review for compliance. ADUs approved pursuant to “planning review” shall comply with the following standards, unless state law mandates that different standards shall apply, in which case the mandated state law standards shall apply:

1. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential, except as otherwise set forth herein. To protect the public health and safety, no ADUs shall be constructed in an area designated as a high fire severity zone, or in an area without appropriate sewer systems (i.e., on septic tank system).

2. Development Standards.

a. Size Restrictions. The total floor area of an attached ADU or detached ADU that is a studio or one-bedroom shall not exceed 850 square feet. The total floor area of an attached ADU or detached ADU that has two or more bedrooms shall not exceed 1,200 square feet. For an attached ADU where there is an existing primary dwelling, the total floor area shall not exceed 50 percent of the size of the existing primary dwelling, or the size restrictions stated above, whichever is less. In no case shall an ADU be a smaller size than an “efficiency unit” as defined in Section 17958.1 of Health and Safety Code.

b. Height Restrictions. A detached ADU shall not exceed 16 feet in height, and an attached ADU shall not exceed the height of the primary dwelling.

c. Setback. No setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and that has the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the Highland Municipal Code.

d. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks.

e. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as amended from time to time.

3. Design and Features.

a. Design. The ADU shall have the same design, colors, materials, and architectural details (including windows and roof pitch) of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district, specific plan area, or planned unit development where the ADU is located.

b. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling, or as required under the existing California Residential Code.

c. Entrance. An attached ADU shall have a separate entrance from the primary dwelling.

4. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (a) the ADU is to be rented only for terms of 31 days or longer; and (b) the ADU is not to be sold or conveyed separately from the primary dwelling. Proof of recordation of the covenant shall be provided to the city prior to the issuance of a certificate of occupancy for the ADU.

5. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented. The ADU shall not be used for short-term rentals for less than 31 consecutive days.

6. Parking Requirements.

a. In addition to the off-street parking space(s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when:

i. The ADU is located within one-half mile walking distance of public transit;

ii. The ADU is located within an architecturally and historically significant historic district;

iii. The ADU is part of a proposed or existing primary dwelling or accessory structure;

iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or

v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.

b. Off-street parking shall be permitted in setback areas in locations determined by the planning division or through tandem parking.

c. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

7. Permits Required. Except as otherwise required herein, all construction, structural alterations or additions made to create an ADU shall comply with current development standards and building, electrical, fire and plumbing codes. The applicant shall obtain a building permit and any other applicable construction permits prior to the construction of the ADU.

E. Building Permit ADUs.

1. An applicant shall not be required to submit an application for an ADU or JADU permit under this section, and may instead seek building permit approval for an ADU and/or JADU that satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, and the California Building Standards Code, as amended by the city.

2. In addition to obtaining a building permit under this process, the applicant shall be required to obtain all other applicable construction permits prior to the construction of the ADU or JADU.

3. An ADU or JADU approved by a building permit only process shall be rented only for terms of 31 days or longer.

4. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (a) the ADU or JADU is to be rented only for terms of 31 days or longer; (b) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, and (c) if there is a JADU on the property, either the JADU or single-family residence shall be occupied by the owner of record. Proof of recordation of the covenant shall be provided to the city before a certificate of occupancy may be issued for the ADU and/or JADU.

5. Pursuant to Government Code Section 65858.2(e), the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

a. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

i. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

ii. The space has exterior access from the proposed or existing single-family dwelling.

iii. The side and rear setbacks are sufficient for fire and safety.

iv. The JADU complies with the requirements of Government Code Section 65852.22 as set forth in subsection (E)(6) of this section.

b. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The detached ADU may be combined with a JADU described in subsection (E)(5)(a) of this section. The ADU shall be no more than 800 square feet in size, with a height limit of 16 feet.

c. At least one ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.

d. Not more than two detached ADUs that are located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four-foot rear and side yard setbacks.

6. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards, in which case state law standards will govern:

a. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.

b. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling.

c. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

d. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling.

e. A JADU shall include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

f. No additional parking is required for a JADU.

g. Unless state law is amended, the JADU or the single-family residence shall be occupied by the owner of record, except where the owner is another governmental agency, land trust, or housing organization.

F. Fees and Utility Connections. ADUs and JADUs that are processed under either the planning review ADUs set forth in subsection D of this section or through the building permit only ADU process set forth in subsection E of this section, shall comply with the following:

1. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and need not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility connection directly between the ADU and the utility if the ADU is constructed with a new single-family residence.

2. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as specifically provided in California Government Code Sections 65852.2 and 65852.22.

3. Prior to receiving a building permit, the owner of an ADU must submit letters of service availability for water and sewer disposal to the building official. (Ord. 448 § 8, 2021; Ord. 433 § 1, 2019; Ord. 286 § 3, 2003; Ord. 171 § 11.180, 1994)

16.44.190 Self-storage warehouses.

A. Intent. This section is intended to ensure that self-storage warehouse operations, commonly known as “mini-warehouses,” do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire or safety hazard, or visual blight. The special conditions contained in this section are intended to serve to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially in regard to the differing parking requirements for these uses.

B. Applicability. The provisions of this section shall apply to all new self-storage warehouse uses and to all existing facilities at such a time as the storage area of the existing business is substantially expanded or modified as defined in this title.

C. Development Standards.

1. Access and Parking.

a. A parking lane, a minimum of nine feet in width, shall be provided adjacent to the storage building where openings occur.

b. Driveways adjacent to parking lanes shall be 12 feet in width for one-way traffic and 24 feet in width for two-way traffic.

c. Access and circulation shall be designed so as to eliminate the need to back out of any drive or access.

d. One parking space shall be provided for each 200 square feet of floor area, including office and caretaker’s quarters.

e. A minimum of four parking spaces shall be provided adjacent to the office.

f. The parking standards specified in this section for this use shall be applicable to this use only.

2. Outside Storage. No storage of materials outside an enclosed building may be permitted unless expressly designed for such purpose and approved as a part of the conditional use permit for the site. (Ord. 171 § 11.190, 1994)

16.44.200 Vehicle fueling stations.

A. The purpose of this section is to regulate vehicle fueling station development to ensure that the design and operation of such uses effectively mitigate traffic, congestion, excessive pavement and lighting, litter, hazardous materials, and noise. Uses associated with vehicle fueling stations, particularly those which are open 24 hours per day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the city and its residents, these special regulations shall be imposed on the development and operations of vehicle fueling stations.

B. Applicability. All vehicle fueling stations shall comply with the provisions of this section in addition to the property development standards and the permit procedures for the district in which they are to be located. The provisions of this section and this title, as applicable, shall apply to all new vehicle fueling stations and to all existing vehicle fueling stations at such a time as those existing stations may come before the city for an expansion of 25 percent or greater in floor area, or a remodeling, or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of remodeling, excluding land value.

C. Minimum Development Standards.

1. Vehicle fueling stations shall be separated by a minimum of 250 feet. Separation distance shall be measured in a straight line from the middle of the vehicle fueling canopies of said vehicle fueling stations.

2. Minimum Street Frontage. Each parcel shall have a minimum street frontage of 100 feet on each abutting street.

3. Setbacks. No building or structure, except canopies as provided below, shall be located within 30 feet of any right-of-way line, or within 20 feet of any interior parcel line.

4. Fueling Pumps. Fueling pumps shall be located no closer than 20 feet from any property line.

5. Canopies.

a. Canopies shall be located no closer than 10 feet from any property line.

b. Pronounced massing shall be applied to canopy support posts with materials that are consistent with the architectural treatment of the principal building facade.

c. In order to reduce the visual impact of the canopy structure and corresponding lighting, the maximum height of the canopy clearance shall be 16 feet and the maximum width of the canopy fascia shall be 30 inches.

d. Canopy fascia shall match the color and texture of the primary building and designed for architectural compatibility with the surrounding area.

6. Walls. Vehicle fueling stations shall be separated from adjacent property which is zoned or used for residential purposes by a decorative masonry wall of not less than six feet in height, as approved by the planning commission. Materials, textures, colors, and design of all walls shall be compatible with on-site development and adjacent properties. No wall higher than three feet in height shall be constructed within five feet of a driveway entrance or vehicle access way which opens onto a street or alley. Walls shall be constructed so as to ensure a clear cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

7. Paving. The site shall be entirely paved, except for buildings and landscaping. Decorative stamped concrete or pavers shall be installed at each driveway.

8. Landscaping. The vehicle fueling station site shall be landscaped pursuant to the following standards:

a. A minimum of 15 percent of the site shall be landscaped including a planting strip at least five feet wide along all interior parcel lines, nondriveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque berming or a decorative masonry garden wall shall be provided and maintained along all street frontages and front side yards in the planters at a height of not less than three feet above the average adjacent interior grade.

b. A minimum of 150 square feet landscaped area shall be provided at the intersection of two property lines at a street corner.

9. Access and Circulation. No more than one driveway with a maximum width of 35 feet shall be permitted on any one street frontage and shall be located as follows:

a. Driveways shall be located no closer than 50 feet from a street intersection, 15 feet from a residential property line or alley, and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the city engineer.

b. Electrical vehicle charging stations shall be positioned to ensure vehicle queuing at fueling pumps does not impede access to vehicles entering and exiting the charging station.

10. Air and Water. Each vehicle fueling station shall provide air and water to customers at a convenient location during hours when fuel is dispensed.

11. Restrooms. Each vehicle fueling station shall provide a public restroom which is accessible to the general public and physically disabled during all hours the vehicle fueling station is open to the public.

12. A minimum of one DC fast charger (level 3 or fastest on the market) electrical vehicle charging station (EVCS) shall be provided for every eight gas/diesel fuel pumps. For stations with seven or fewer pumps, one DC fast charger (level 3 or fastest on the market) electrical vehicle charging station (EVCS) shall be provided.

a. Electrical vehicle charging stations (EVHS) shall not be counted toward meeting the required minimum number of parking spaces.

13. Noncommercial Propane Tank Rental/Exchange. Outdoor storage and display of propane tanks and related racks/shelving may be permitted on an improved surface abutting the structure so long as they do not impede pedestrian or vehicular movement or necessitate the removal of required landscaping.

14. No Outdoor Vending Machines. Coin-operated vending machines on the exterior of the building are prohibited.

15. Location of Activities. All retail-related activities and operations shall be conducted entirely within an enclosed building, except as follows:

a. The dispensing of fueling products, water, and air from pump islands.

b. Replacement service activities such as wiper blades, fuses, radiator caps, and lamps.

c. Automotive washing facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the permit review process as required in HMC Tables 16.20.030.A and 16.24.030.A.

16. Refuse Storage and Disposal. Trash areas shall be provided in compliance with city standards.

a. All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

b. Refuse bins shall be provided and placed in a location convenient for customers.

c. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be stored on site.

17. Equipment Rental. Rental of equipment such as trailers and trucks is prohibited.

18. Operation of Facilities.

a. The vehicle fueling station shall at all times be operated in a manner which is not detrimental to surrounding properties or residents. Site design and activities shall be conducted so as to avoid and minimize:

i. Damage or nuisances from noise, smoke, odor, dust, or vibration.

ii. Hazards from explosion, contamination, or fire.

b. Vehicle fueling station hours of operation shall be as approved by the conditional use permit.

19. Security Plan. A security plan shall be developed by the applicant and approved by the police department and community development director prior to the issuance of a building permit. The security plan shall include a video monitoring system plan in compliance with HMC 16.40.480. Plans shall also identify site improvements, a photometrics measurements and a detailed landscape plan. Alcoves, landscape massing of shrubs and low-canopy shade trees are prohibited.

20. Lighting Plan. 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 planning commission.

a. Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is at least one footcandle and no more than five and one-half footcandles. The uniformity ratio shall be no greater than four to one. Maximum illumination level shall be no more than 22 footcandles.

b. Light fixtures mounted on canopies shall be recessed or flush mounted so that the lens cover is recessed or flush with the bottom surface or ceiling of the canopy and/or shielded by the fixture or the edge of the canopy.

c. As an alternative or supplement to recessed ceiling lights, indirect lighting may be used where light is beamed upward then reflected down from the underside of the canopy. In such case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.

d. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated.

D. Abandoned or Converted Vehicle Fueling Stations.

1. Where vehicle fueling stations become vacant or cease operation for more than 180 days, the owner shall be required to remove all underground storage tanks (in a manner acceptable to all applicable permitting/regulatory agencies), remove all fueling pumps and pump islands, and shall remove freestanding canopies, and address any unresolved Department of Toxic Substances Control (DTSC) violations.

2. So as to confirm that the use has not been abandoned, the owner shall provide evidence to the community development director with written verification prior to the one-hundred-eightieth day that an allocation of fuel has been received and operation of the station will commence within 30 days of the date of written correspondence.

3. Resumption of vehicle fueling station operations after the 180 days, specified above, may be permitted by the community development director; provided, that a department review application has been renewed and approved. Such a department review may result in conditions of approval which may include but not be limited to the following:

a. Replanting existing landscape areas;

b. Installing new landscape areas;

c. Restoration of all on-site structures and finishes;

d. Upgrading or installing trash enclosures;

e. Striping parking spaces;

f. Installation of signs in conformance with adopted sign provisions in Chapter 16.56 HMC;

g. Resurfacing vehicle access and parking areas; and

h. Installation of missing street improvements.

E. Converted Vehicle Fueling Stations. The conversion of vehicle fueling station structures and sites to another use may require upgrading and remodeling including but not limited to removal of all fueling appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, construction of missing street improvements or modification of existing improvements to conform to access regulations, and exterior remodeling. (Ord. 456 § 3, 2022; Ord. 341 § 19, 2009; Ord. 171 § 11.200, 1994)

16.44.210 Sidewalk cafes.

A. Intent. This section is intended to control the establishment and operation of sidewalk cafes which can enhance the pedestrian ambiance of the city, and establish regulation to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

B. Applicability. Sidewalk cafes shall comply with the provisions of this section in addition to the property development standards and permit procedures for the district in which it is located.

C. Minimum Development Requirements.

1. Accessory Use. The sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment.

2. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the adopted fire and building codes and standards.

3. Fixtures. The furnishings of the interior of the sidewalk cafe shall consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the main building.

4. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on or adjacent to the sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear of litter at all times.

5. Hours of Operation. The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurant or eating and drinking establishment. (Ord. 435 § 16, 2019; Ord. 171 § 11.210, 1994)

16.44.220 Surface parking lots.

A. Intent. This section is intended to ensure that commercial parking facilities and surface parking lots located adjacent to residential districts will not adversely effect the nearby residents or diminish the integrity of the residential district.

B. Applicability. All commercial parking facilities, including primary commercial parking uses, and accessory parking lots for associated commercial, industrial, institutional, and public uses shall comply with the provisions of this section in addition to the applicable provisions of the district in which such a use is located.

C. Minimum Development Standards.

1. Structures Permitted. A parking guard or attendant shelter may be permitted; provided, that the shelter does not exceed 75 square feet, is not more than 12 feet in height, and is not located in any required setback area. The structure is located at least 50 feet from any adjacent residential parcel.

2. Vehicle Access. Where practical, vehicular access to parking lots from public streets shall be located a minimum of 40 feet from any residentially zoned parcel. (Ord. 171 § 11.220, 1994)

16.44.230 Swimming pools and recreation courts (private).

A. Intent. This section is intended to ensure that the construction of swimming pools and recreational courts within residential districts is consistent with the residential character of the neighborhood.

B. Applicability. The provisions of this section shall apply to the construction of swimming pools or recreational courts located on individual residential lots as accessory uses to primary residential use of the same lot.

C. Permit Required for Accessory Use.

1. Swimming pools and recreational courts may be permitted as accessory uses to the primary residential uses.

2. Permits issued for the primary use shall also apply to the accessory uses except that a department review permit shall be required prior to the construction of swimming pools and recreational courts, if such uses are proposed independently or subsequent to the occupancy of the primary use.

D. Swimming Pools.

1. Swimming pools shall be set back a minimum of five feet from the rear property lines and five feet from the side property lines as measured to the edge of the swimming pool coping.

2. Swimming pool equipment shall not be located within a side yard setback area that is also in the front yard setback.

E. Recreational Courts.

1. The maximum height of fences enclosing recreational courts shall be 10 feet.

2. Recreational courts shall be set back a minimum of 10 feet from the side property line and 10 feet from the rear property line.

3. A maximum of eight lights may be permitted, and may not exceed a height of 22 feet.

4. All lighting shall:

a. Be designed, constructed, mounted, and maintained so that the light source is cut off when viewed from any point above five feet, measured at the lot line.

b. Be used only between the hours of 7:00 a.m. and 10:00 p.m.

c. The surface of any recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon.

d. The above standards shall be considered minimum standards. The community development department may impose more stringent standards. (Ord. 171 § 11.230, 1994)

16.44.240 Vehicle repair facilities.

A. Intent. This section is intended to control the establishment and operation of vehicle repair facilities and to provide regulations which will reduce or eliminate potential noise, fumes, litter, and parking problems associated with motor vehicle repair shops. The provisions of this section are intended to ensure that vehicle repair facilities are compatible with adjacent and surrounding uses.

B. Applicability. Each vehicular repair facility, including those which may be part of and incorporated within a vehicle dealership, shall comply with the provisions of this section in addition to the development standards and permit procedures of the district in which it is to be located and any other applicable standards contained in this title.

C. Minimum Development Standards.

1. Paving. The site shall be entirely paved, except for buildings and landscaping.

2. Structures. When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.

3. Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

4. Enclosure. Repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials. All painting shall occur within a fully enclosed booth.

5. Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

6. Storage. Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley.

7. Hazardous Materials. Any handling, treatment, storage or use of hazardous materials shall be subject to the requirements of HMC 16.40.130. (Ord. 171 § 11.240, 1994)

16.44.250 Small lot single-family detached design guidelines.

A. Intent. This section is intended to provide design guidelines for small lot single-family detached development in the Corridor Residential (R-2C) District.

B. Applicability. These guidelines shall be used for all development requiring a conditional use permit approval in the R-2C District. The guidelines, as tailored to a specific project, may be imposed as conditions of approval and/or may be the basis for more specific conditions of approval.

C. Relationship with Adjacent Uses.

1. Project designs should connect into the adjacent neighborhoods and provide for future connections to currently undeveloped properties via streets or pedestrian and bike paths.

2. Projects adjacent to existing or future retail properties should provide auto, pedestrian and bicycle access to adjacent developments, coordinating with walkways and plaza locations.

3. Projects should be designed with residences facing existing streets, eliminating street-facing rear yard fences or sound walls where appropriate, unless the traffic or acoustic impacts are significant and cannot be feasibly addressed by the building design. Frontage roads are encouraged where appropriate and along arterial highways to discourage multiple driveways.

4. Pedestrian, bike and visual connections should be made wherever auto connections are infeasible due to traffic, physical constraints or other considerations.

5. Measures should be taken, such as the arrangement of second-story windows, use of opaque glass, additional landscape screening, and/or increased second-story setbacks, to ensure privacy when adjacent to existing single-family homes.

D. Internal Circulation.

1. Public streets are strongly encouraged for all but the most minor streets, such as those serving fewer than six residences.

2. At a minimum, one public street should be constructed within any small lot development of over 11 dwelling units or one acre. This street should connect to adjacent roads or parcels at a minimum of two locations creating a through-street condition wherever feasible without creating shortcuts.

3. Dead-end streets shall have a cul-de-sac.

4. Internal street layout should provide loop circulation wherever possible.

5. Where loop street connections are not feasible, pedestrian and bike paths may be used as shortcuts to make walking and biking more convenient.

6. Internal street and path layouts should connect to landmarks or amenity features such as parks or community buildings.

7. Streets and paths should focus on important vistas such as community buildings, mountains, trees, or open spaces.

8. Traffic calming measures, such as neckdown curbs and use of medians, should be used to increase pedestrian safety, especially at primary intersections, parks and common spaces, and tot lots.

9. Residentially scaled streetlights, separated sidewalks with street trees within planting strips or in tree wells and accent paving at neighborhood entries are strongly encouraged.

10. Streets serving more than six homes should have on-street parking and sidewalks on each side of the street.

11. Where on-street parking is limited to a single side of the street, a sidewalk should be provided on that side.

12. Separated sidewalks with street trees or decorative tree grates are strongly encouraged for primary circulation and collector streets.

13. Locations and access for refuse pick-up should be provided such that the pickup location is in close proximity to the unit.

14. When private streets are proposed in a small lot subdivision, a financially viable legal mechanism must be established to provide ongoing funding for maintenance of private streets by the property owners.

E. Alleys.

1. Alleys are appropriate where developments face major streets to which driveway access is not allowed but homes oriented to the street are desirable, where the greatest amount of on-street parking is needed because visitor parking is in high demand, and where it is desirable to allow homes to front parks or open space without a road separating the homes from such features.

2. Alley design principles:

a. Alleys should be straight so that people can see from one end to the other;

b. Dead-end alleys should be less than 100 feet long;

c. Alleys should have special accent paving;

d. Landscaping should be consistent with the rest of the development project, with a four-foot landscape strip adjacent to and on both sides of the alley and a minimum of one tree at the rear of each lot; and

e. Each lot should provide alley lighting from either building or pedestal lighting.

3. When alleys are proposed in a small lot subdivision, a financially viable legal mechanism must be established to provide ongoing funding for maintenance of alleys by the property owners.

F. Massing and Articulations.

1. The building facades should be varied through articulation of elements such as bays and dormers. Changing materials on these elements provides further articulation and adds variety.

2. The building facades should be varied through the use of more than one type of building material and color palette within the project.

3. The roofs should be varied through the use of more than one type of primary roof material and more than one type of roof design within the project.

4. The floor plans of the individual units should be varied within the project.

5. The front of the garage should not extend beyond the front of the remainder of the house and, if possible, should be set back from the front of the house.

6. A variety of garage locations should be considered in order to avoid monotony in the overall design.

7. Each home should have a vertical element to its massing, such as a bay, corner turret or dormer, based on the architectural character.

8. The project should include a minimum of one single-story house on each side of each block.

G. Sound Walls and Entry Features.

1. Perimeter residences which are part of new developments should be oriented to existing streets, minimizing the extent of sound walls or rear yard walls, except where necessary due to acoustical requirements. Frontage roads are preferred in lieu of sound walls wherever possible.

2. Understated entry features are desirable to integrate the projects into the neighborhood rather than differentiate developments. Accent landscaping and trellises to set off development entries are more desirable than walls or structures.

3. Berming along sound walls should create the appearance of walls no taller than six feet. Additional landscape setbacks, street trees and accent trees at entries are strongly encouraged to improve the appearance of the sound walls.

H. Entries, Porches, and Trellises.

1. Entries and porches are strongly encouraged to be the primary element of each home on the street facade.

2. Entries and porches should be oriented to the street corners. At corner lots, side yard facades should maintain the architectural design consistent with the front facade. Wrap-around porches are encouraged on corner lots.

3. Porch and entry features should primarily be single-story elements, or incorporated into two-story vertical elements to break up the building mass along the street.

4. Entries and porches should be sized for a small seating area for chairs or a bench outside of the main entry circulation path.

5. Railings, short walls, trellises and roofs all add architectural detail and character to the residences, providing visual interest to the homes.

6. Trellises should be used to provide privacy, especially when used as a framework for landscape vines, and to provide shade from the hot summer sun.

I. Fencing.

1. Fencing at corner lots should begin at or near the back end of the building. Said fencing on corner lots should be constructed of a brick-type material.

2. Fences that are visible from the street should have additional detailing to provide visual interest.

3. Front yard fences should correspond to the style of architecture of the dwelling unit.

4. Partially transparent fencing adds interest while maintaining privacy.

5. Accents at gates, such as arched gates or arbors, add visual interest and demarcation to entrances.

6. Extended trellises and grills at small rear patios are encouraged to provide privacy to and from neighbors.

7. Low walls or fences (three-feet high) are encouraged at front or side yard patios, where desired, in lieu of porch railings, etc.

J. Landscaping.

1. There should be an equal number of individual front yard landscape palettes, varying in style, color and general appearance, as home models or unit types for each development.

2. Front yard landscaping which reinforces other design elements of the home, such as vines on trellises, hedges or low fences and walls, is strongly encouraged.

3. Where consistent planting is used, such as in parking courts, areas for landscaping by each resident should be provided to add individual variety.

K. Parks and Open Space.

1. Common open space, such as parks with or without recreation buildings, and swimming pools, should be provided for developments of 15 units or greater.

2. Common open space should be centrally located to be shared by the neighborhood and be easily viewed from the street and homes for informal surveillance and security.

3. Setbacks should be increased to provide for additional private open space if common open space is not provided.

4. Parks are encouraged as common open space. They should be designed to facilitate use by a number of different ages or activity groups concurrently, such as for small gatherings, and may include small barbecues and ample seating and tables. Play equipment is desirable, as is a lawn area with seating and tables in the larger play areas. A low transparent fence should enclose tot lot areas. (Ord. 307 § 39, 2006)

16.44.260 Boarding or rooming house uses.

A. All boarding or rooming houses shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit.

B. All boarding or rooming houses shall comply with the parking requirements applicable to single-family detached for single-family detached homes and single-family attached/multiple-family for all other dwellings, as set forth in HMC 16.52.030 and Table 16.52.030.A, prior to establishing such use within the city.

C. No boarding or rooming houses shall be within 500 feet of any other boarding or rooming house. The distance requirement herein shall be measured from property line to property line, along a straight line extended between the two points.

D. No more than one federal, state or juvenile justice parolee shall be allowed to live in a boarding or rooming house at any one time, except if a boarding or rooming house has 10 or more dwelling units, then there may be one additional federal, state or juvenile justice parolee for every 10 dwelling units.

E. The conditional use application submitted for any boarding or rooming house shall provide information, including identifying information such as the full name and age of the parolee and the proposed time of residency at the boarding or rooming house, regarding any proposed boarders or roomers who will be, at the time of proposed residency in the boarding or rooming house, federal, state or youth authority parolees. Such information shall be updated with the city by the owner or landlord of the residence as to each lessee or renter upon the signing, entering into, or otherwise commencing any rental or lease agreement, arrangement or accommodation within three business days.

F. All boarding or rooming houses shall require boarders or roomers to sign agreements that provide that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency in the boarding or rooming house, is grounds for termination of the residency or tenancy of that boarder or roomer, whether the rental, lease, or sublease agreement is written or oral.

G. Boarding or rooming houses shall be in compliance with all requirements of the city’s zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.

H. Any violation of any local, state or federal laws by boarders or roomers while on the premises shall be grounds for revocation of the boarding or rooming conditional use permit, including but not limited to any violations of this section, California Penal Code Section 3003.5 or HMC 16.08.220 where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation.

I. No boarding or rooming house shall be maintained as a nuisance.

J. Boarding or rooming houses existing prior to the effective date of the ordinance codified in this section shall be made to comply with the provisions of this section within six months of the effective date of the ordinance except as to existing leases or rental agreements with respect to subsection E of this section, which shall be complied with as soon as the termination expiration, renewal or modification of any existing leases or rental agreements. (Ord. 318 § 5, 2007)

16.44.270 Emergency shelters.

A. Intent. This section is intended to control the establishment and operation of emergency shelters in the Business Park (BP) District to ensure that such uses do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community.

B. Definition. As used in this code, the term “emergency shelter” shall be as defined in California Health and Safety Code Section 50801.

C. Development Standards. In accordance with the authority granted in Section 65583(a)(4)(A) of the Government Code, all emergency shelters shall comply with the following development and management standards:

1. Maximum Number of Beds/Persons. An emergency shelter for the homeless shall contain a maximum of 25 beds and shall serve no more than 25 homeless persons nightly.

2. Parking. The emergency shelter shall have not less than one off-street parking space for each 250 square feet of gross floor area, unless it is demonstrated by credible evidence that a different parking ratio is appropriate based upon the shelter’s demonstrated need.

3. Client Intake Areas. The waiting and client intake areas shall be a minimum of 500 square feet in floor area and shall be designed to ensure that waiting clients are not required to wait outside the building.

4. Shelter Provider. The agency or organization that is operating the shelter shall comply with the following requirements:

a. Staff and services shall be provided to clients to assist clients to obtain permanent shelter, social and health services and income.

b. The provider shall prepare and file a management plan with the city that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out, security, screening of residents to ensure compatibility with services provided at the shelter, and opportunities for training, counseling, and treatment programs for residents.

5. Concentration of Uses. An emergency shelter shall not be located within 300 feet of another emergency shelter.

6. Length of Stay. Temporary shelter shall be available to an individual client for no more than 180 consecutive days.

7. Lighting. Adequate interior and exterior lighting shall be provided for security purposes.

The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.

8. Security. Parking and outdoor facilities shall be designed to provide security for clients, visitors, employees, neighbors and the public. On-site supervisory and security personnel shall be provided at all times during the hours the shelter is in operation, with security provided at both interior and exterior locations.

9. Trash/Recycling Enclosure. A trash/recycling enclosure is required on site. The receptacles and enclosure shall be of sufficient size to accommodate the trash generated by the uses served. All outdoor storage of trash, garbage, refuse, and other items or materials intended for discarding or recycling 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 material or design approved by the planning commission. The fourth side shall contain a solid metal gate maintained in working order and remaining closed except when in use.

10. Laundry Facilities. An emergency shelter is encouraged to provide laundry facilities or services adequate for the number of residents.

11. Common Facilities. An emergency shelter is encouraged to provide a central cooking and dining room, subject to applicable health and use permits, for the exclusive use of the residents and staff.

12. Sanitary Facilities. An emergency shelter shall provide and maintain sufficient interior sanitary facilities to accommodate the number of clients who could be served at the shelter.

13. Clean-Up. The operator of the emergency shelter shall maintain the exterior of the emergency shelter and its immediate surrounding area in a clean and sanitary condition, without the accumulation of trash, belongings, and human or animal waste.

14. Development Standards. A new emergency shelter shall comply with HMC 16.24.040, Employment district development standards, unless specified otherwise in this section.

15. Fire Sprinklers. Fire sprinklers shall be installed in all emergency shelters in accordance with the city’s fire code. (Ord. 376 § 4, 2013)

16.44.280 Extreme value retail, fixed price retail, and odd-lot/close-out retail stores.¹

A. Intent. It is the intent of this section to provide regulations and standards for the establishment of extreme value retail, fixed price retail, and odd-lot/close-out retail stores to ensure that they do not create adverse impacts on adjacent properties. Regulations controlling the specific location and development standards of these uses are established by this section.

B. Applicability. Extreme value retail, fixed price retail, and odd-lot/close-out retail uses as defined in Chapter 16.06 HMC shall only be permitted in the Commercial and Mixed Use Zoning Districts subject to approval of a conditional use permit.

C. Performance and Development Standards.

1. Minimum floor area: 5,000 square feet.

2. Minimum Distances. All extreme value retail, fixed price retail, and odd-lot/close-out stores shall not be located within a 1,000-foot radius from any existing fixed price point retail store, extreme value retail, and odd-lot/close-out store. Distance shall be measured from property line to property line, without regard to intervening structures or objects.

3. The outdoor display of merchandise for sale shall only be permitted subject to the approval and limitations of a special event permit as outlined in HMC 16.08.130.

4. Variances for minimum site area and minimum distance separation between fixed price point retail stores shall not be granted. (Ord. 394 § 15, 2014)

16.44.290 Food truck events.

A. Purpose. The purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity and general welfare by requiring that food truck events provide the community and customers with a minimum level of cleanliness, quality and security.

B. Permit Required. The operator of a food truck or food truck event organizer shall be required to obtain a special event permit as provided in HMC 16.08.130.

C. Food Truck Event Performance Standards. Food trucks may operate within the city with an approved special event permit subject to the following criteria:

1. Food truck events may be permitted in all nonresidential districts subject to review and approval of a special event permit.

2. The special event permit shall be for one stationary location only and food trucks shall not be permitted to roam throughout the city. Selling food at multiple locations is not permitted.

3. The food truck event must be located at an established use. Food trucks are not permitted on vacant lots, at vacated or abandoned businesses or within the right-of-way.

4. The food truck operator must obtain a city of Highland business license and pay all applicable fees.

5. The operator must be fully licensed with the county of San Bernardino division of environmental health services. Proof of licensing must be submitted with the required special event permit application, including the truck’s current food letter grade.

6. The food truck operator shall display a current city of Highland business license and a county of San Bernardino DEHS health permit and associated food grades in plain view at all times.

7. The food truck(s) shall not block any parking required to adequately serve other businesses or any driveways or drive aisles for required vehicular circulation. The food truck(s) shall not occupy parking spaces required to meet the minimum parking requirements for any other business located on the property for which the special event permit is sought.

8. Food truck operations shall not be conducted before 7:00 a.m. or after 10:00 p.m.

9. The food truck shall be situated on the site so that it is visible from the public right-of-way.

10. The food truck shall not discharge any materials onto the sidewalk or into the gutter or storm drain system.

11. A food truck event may not be located within 500 feet of an existing established restaurant selling the same type of food or similar cuisine, unless written permission is granted by said restaurant.

12. The food truck event may be subject to any time limitations as required by the community development director; however, the food truck event shall not exceed 18 days within one calendar year at any given location.

13. Additional signage is not permitted at the food truck location, including portable signs.

14. All waste must be disposed of properly and the food truck must carry evidence of proper grease waste disposal (i.e., paperwork, receipts, etc.).

15. Temporary chairs, tables, fences or other site furniture shall be depicted on the site plan submitted with the special event application and permitted in conjunction with food truck event activities.

16. The mobile food vendor shall provide a minimum of 32-gallon litter receptacles within 15 feet of the food truck.

17. All refuse shall be removed from the site and properly disposed of on a daily basis. (Ord. 397 § 3, 2014)

Code reviser’s note: Ord. 394 adds these provisions as Section 16.44.270. The section has been renumbered to avoid duplication of numbering.