In addition to the objectives set forth in Section 15-05.020, the hillside residential district is included in the Zoning Ordinance to achieve the following purposes:

(a)

To maintain to the maximum degree feasible, the natural environment and existing rural character of the area to which the district is applied.

(b)

To encourage development on gently sloping sites having natural screening features in preference to develop on steep, visually exposed sites.

(c)

To implement the open space element of the General Plan by ensuring maximum preservation of open space, including major ridgelines, densely wooded areas, and riparian vegetation.

(d)

To prevent development that would be subject to significant uncorrectable geotechnical or flood hazards.

(e)

To implement the Northwestern Hillside Specific Plan as adopted by the City on June 2, 1981, for the area included within the Specific Plan boundaries.

(Ord. 71.113 § 2 (part), 1992)

In addition to the definitions set forth in Article 15-06 of this Chapter, all of which are applicable to this Article, the following definitions shall apply to certain terms used herein:

(a)

City's geologic maps means the Ground Movement Potential Maps, as adopted by the City in Section 16-65.020 of this Code, including the geologic data and text report to be utilized in conjunction therewith.

(b)

Major ridge means a line connecting the points of highest elevation at the top of and parallel to the long axis of the lines of hills designated as major ridges as generally shown on the map entitled "Major Ridges—HR District" adopted as part of this Article.

(c)

Minor ridge means a ridge other than a major ridge that is fifty feet or more above two points one hundred fifty feet distant from the top of the ridge on either side.

(Ord. 71.113 § 2 (part), 1992)

The following permitted uses shall be allowed in the HR district:

(a)

Single-family dwellings including employee housing for six (6) or fewer employees.

(b)

Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(c)

Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, accessory dwelling units, junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and guest houses.

(d)

Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises.

(e)

Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(f)

Stables and corrals or the keeping for private use of not more than two horses on a site. The minimum net site area shall be forty thousand square feet for one horse and eighty thousand square feet for two horses, except that in the equestrian zone only, a second horse may be kept if the net site area is at least forty thousand square feet. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(g)

Swimming pools used solely by persons resident on the site and their guests.

(h)

The keeping for private use, of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(i)

Public parks, trails and other publicly owned open spaces.

(j)

Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44.

(k)

Manufactured homes.

(l)

Group homes, Class 1 and Class 2.

(Ord. 71.113 § 2 (part), 1992)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 324, § 1.4, 12-17-2014; Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)

The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (h), (k), (l), (m), and (n) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area:

(a)

Accessory structures and uses located on the same site as a conditional use.

(b)

Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(c)

Recreational courts, to be used solely by persons resident on the site and their guests.

(d)

Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code.

(e)

Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof.

(f)

Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(g)

Plant nurseries, excluding sales of items other than plant materials.

(h)

Wineries.

(i)

Cluster development in accordance with Section 15-13.060(c).

(j)

Community facilities.

(k)

Institutional facilities.

(l)

Police and fire stations and other public buildings, structures and facilities.

(m)

Religious and charitable institutions.

(n)

Nursing homes and day care facilities.

(o)

Group homes, Class 3.

(Ord. 71.113 § 2 (part), 1992; Ord. 71-163 § 1 (part), 1996; Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 379, § 1, 5-19-2021; Ord. No. 399, § 1(Att. 1), 4-3-2024)

Not more than one dwelling unit shall be located on each site, except for accessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter and additional dwelling unit(s) permitted pursuant to Article 15-57 of this Chapter.

(Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)

No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code:

(a)

Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. The planting and landscaping portion of such plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the Excavating and Grading, and Subdivision Ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazard shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the geologic and soils investigation report and recommendations.

(b)

Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and soils report shall fully and clearly present:

(1)

All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data.

(2)

The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site.

(3)

Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property.

(4)

Recommendations for additional investigations that should be made to insure safe development of the property.

(c)

Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building permit, unless the City Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies:

(1)

Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures.

(2)

With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work.

(3)

With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal Fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure.

(4)

A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale.

(d)

Inspection reports. The results of the geologic and soil investigations referred to in subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as-built condition of the project, and shall contain such other information as may be required by the City.

(e)

Location of building sites.

(1)

In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, and Sun. Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf), sites within the areas with fault rupture potential (Pf) and sites on moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrates long-term stability to the satisfaction of the City. The City's descriptions of the soil classifications, filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this Chapter. No tentative or final map approval or building or grading permit shall be granted for a property which includes land within an Md area unless it complies with all the requirements described in Section 16-65.030. No building or grading permit shall be issued for construction of any new building or structure, or addition to any existing building in any (Pf) area unless it complies with all requirements described in Section 16-65.050.

(2)

The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (i) a variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (ii) an exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

(f)

Grading. The combined cut and fill of any grading shall not exceed one thousand cubic yards, including any excavation for a swimming pool and not including excavation for a proposed basement, unless a larger quantity is approved by the Planning Commission upon making all of the following findings:

(1)

The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and

(2)

The natural land forms and vegetation are being preserved and protected; and

(3)

The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and

(4)

The increased grading is necessary to integrate an architectural design into the natural topography; and

(5)

The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views.

(6)

No building site shall be graded so as to create a flat visible pad surrounding the main residential structure.

(g)

Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet.

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 307, § 1.C.11, 10-16-2013; Ord. No. 328, § 1(Att. A, § 15), 7-1-2015)

(a)

Determination of lot size. Except as otherwise provided in subsections (b) and (c) of this Section, the minimum lot size within the HR district shall be two acres. In addition, each lot shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table:

* Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.

(b)

Increase in lot size. The City may require any or all of the lots within a subdivision to have a larger size than required under subsection (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions or geologic hazards.

(c)

Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under subsection (a) of this Section, if all of the following requirements are satisfied:

(1)

The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-13.030(h).

(2)

The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space.

(3)

The cluster development reduces the gross development area which shall include but not be limited to grading, streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways.

(4)

No single lot has a net site area of less than twenty thousand square feet.

(5)

The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula:

(6)

The size of each unit shall be determined in relation to the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed seven thousand two hundred square feet in area.

(7)

The clustering of building sites will result in greater preservation of the natural terrain.

(8)

The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in allowable floor area; (iv) reduction in site coverage; (v) increase in site dimensions; and (vi) increase in setbacks.

(9)

The clustered development shall be connected to a sanitary sewer system.

(d)

Resubdivision. Upon recordation of a final or parcel map covering any site within the HR district, applicants may request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to subsection (c) of this Section, no lot, including the open space lot(s) may be further subdivided unless the entire clustered subdivision continues to meet applicable general plan and zoning density requirements.

(e)

Exempted lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in subsection (a) of this Section provided such lot was created prior to April 25, 1978. Any lot so exempted will not lose its exempt status if either of the following events takes place subsequent to April 25, 1978:

(1)

A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or

(2)

The lot is enlarged by the addition of land from any adjoining parcel.

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006)

(a)

The minimum site frontage, width and depth of any lot in HR district shall be as follows:

(b)

Notwithstanding the provisions of subsection (a) of this Section:

(1)

The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround.

(2)

The frontage and width of an access corridor to a flag lot shall be not less than twenty feet.

(Ord. 71.113 § 2 (part), 1992)

The maximum site coverage on any lot in the HR district shall not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only fifty percent of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: avoid placing structures in geologically unstable areas or on major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080.

(Ord. 71.113 § 2 (part), 1992; Ord. 71-185 § 1 (part), 1998)

(Ord. No. 293, § 2.D, 6-20-2012)

The maximum allowable floor area shall be determined in accordance with City Code Section 15-12.085.

(Ord. No. 314, § 1, 3-5-2014)

(a)

For any nonconforming site in the HR district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site.

(b)

The minimum setback area requirements for all conforming lots within the HR zoning district, with the exception of vacant lots and lots created after May 15, 1992, are as follows:

(1)

Front setback area. The minimum front setback area shall be thirty feet.

(2)

Side setback area. The minimum interior side setback area shall be twenty feet and the minimum exterior side setback shall be twenty-five feet.

(3)

Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure.

(c)

For conforming vacant lots and lots created after May 15, 1992 within the HR zoning district, the minimum setback area requirements are as follows:

(1)

Front setback area. The minimum front setback area shall be thirty feet or twenty percent of the lot depth, whichever is greater.

(2)

Side setback area. The minimum side setback area shall be twenty feet in the case of an interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten percent of the lot width, whichever is greater.

(3)

Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater.

(d)

For the purpose of this Article, "vacant lot" means a parcel with no existing single-family dwelling.

(e)

Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear setback area, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots.

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 307, § 1.C.12, 10-16-2013; Ord. No. 354, § 1(Exh. A), 12-20-2017)

No structures shall exceed two stories nor shall any structure exceed the following heights:

(a)

No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not have dense tree cover.

(b)

No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover.

(c)

Notwithstanding subsection (a) or (b) of this Section, no single-family dwelling shall exceed twenty-six feet in height; provided, however, the Planning Commission may approve a structure up to thirty feet in height if the Commission finds and determines that:

(1)

The additional height is a necessary component of an identifiable and well documented architectural style; and

(2)

The design of the structure will be similar in scale with structures in the surrounding neighborhood.

(d)

Notwithstanding subsection (a) or (b) of this Section, no accessory structure shall exceed twelve feet in height; provided, however, the Planning Commission may approve an accessory structure extending up to fifteen feet in height if the Commission finds that:

(1)

The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and

(2)

The accessory structure will be similar in scale with structures in the surrounding neighborhood.

(e)

Notwithstanding subsection (a) or (b) of this Section, no structure used for agricultural purposes shall exceed thirty feet in height.

(Ord. 71.113 § 2 (part), 1992; Ord. No. 314, § 1, 3-5-2014)

Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 and Article 15-56 of this Chapter, as applicable.

(Ord. 71.113 § 2 (part), 1992)

(Ord. No. 355, 6-6-2018)

Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(Ord. 71.113 § 2 (part), 1992)

No sign of any character shall be erected or displayed in the HR district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

(Ord. 71.113 § 2 (part), 1992)

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

(Ord. 71.113 § 2 (part), 1992)

The construction or expansion of any main or accessory structure in the HR district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(Ord. 71.113 § 2 (part), 1992)

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

The regulations and restrictions set forth in Section 15-12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the HR district and the same are incorporated herein by reference.

(Ord. 71.113 § 2 (part), 1992)