Chapter 19.40 — RESIDENTIAL HILLSIDE (RHS) ZONES

19.40.010 Purpose. ¶

The purpose of the RHS zoning district is to regulate development consistent with the General Plan, to preserve the natural setting in the hillsides. This chapter utilizes performance standards and specific regulations to ensure that the utilization of land for residential uses is balanced with the need to conserve natural resources and protect life and property from natural hazards. Specifically, this chapter is intended to accomplish the following objectives:

Enhance the identity of residential neighborhoods;

Ensure the provision of light and air to individual residential parcels;

Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods;

Maintain spatial relationship between structures and within neighborhoods;

Reinforce the predominantly low-intensity setting of the community;

Maintain a balance between residential development and preservation of the natural hillside setting;

Promote compatibility of colors and materials of structures and the surrounding natural setting.

(Ord. 2085, § 2 (part), 2011; Ord. 1634, (part), 1993)

19.40.020 Applicability of Regulations. ¶

No building or structure or land shall be used erected, structurally altered or enlarged in a residential hillside (RHS) zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title.

Reasonable Accommodation: Notwithstanding 19.40.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

(Ord. 2085, § 2 (part), 2011; Ord. 1725, (part), 1996; Ord. 1634, (part), 1993)

19.40.030 Permitted, Conditional and Excluded Uses. ¶

Permitted, Conditional and Excluded Uses that may be conducted from property zoned residential hillside (RHS), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.40.040 Application Requirements. ¶

An application for any development of property in the RHS zoning district, in addition to the requirements of Chapter 19.12, shall include:

Site Plans that show topographical information at contour intervals not to exceed ten feet and a horizontal map scale of one inch = two hundred feet or larger and identify all areas with slopes of thirty percent or more.

Identify whether the property is on a prominent ridgeline or the structure is in the fifteen percent site line from a prominent ridge line.

(Ord. 2085, § 2 (part), 2011; Ord. 25-2277, Exh. A (part), 2025)

19.40.050 Site Development Regulations. ¶

The following guidelines, shown in Table 19.40.050, are a compilation of policies described in the General Plan and are intended to govern the preparation of development plans in RHS zones. All provisions of this section, except subsections A, B and C, may be deviated from with a Hillside Exception in accordance with Section 19.40.040 and 19.40.070.

Table 19.40.050: Site Development Regulations

A. Density
1. Dwelling Unit Density	Determined by Appendix F of the General Plan based upon slope density standards described therein.
2. Transfer of density credits	Density credits derived from applicaton of a slope density formula to a lot or a group of lots may not be transferred to property outside any approved subdivision or parcel map boundary.
B. Minimum Lot Area
1. By zoning district symbol:	Lot area shall correspond to the number (multplied by one thousand square feet) following the RHS zoning symbol. Examples:

		RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.) RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.) RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
	2. For subdivision	Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in accordance with Secton 18.52.030 (Hillside Subdivisions). The minimum lot area shall be 10,000 square feet for each unit in a clustered subdivision.
	3. Subdividable lots	Lot size zoning designaton shall be assigned at tme of subdivision for propertes not subdivided pursuant to Government Code Secton 64411.7.
	4. Non-subdividable legally-created, developed lots	Shall refect the existng lot size
	5. Lots created and/or developed pursuant to Government Code Secton 64411.7 and 65852.21	a. Each resultng lot shall be at least 40% of the size of the original lot being split. b. No side or rear setbacks shall be required for an existng structure or for a structure constructed in the same locaton and to the same dimensions as an existng structure.
	C. Minimum Lot Width	70 feet at front setback line. No minimum lot width for lots served by private driveway and which do not adjoin a public street.
	D. Development on Substandard Lots	A Hillside Excepton shall be obtained to construct structures or improvements on existng vacant legal lots, except where prohibited by Government Code Secton 65852.21.
	E. Site Grading
	1. Maximum Grading Quantty	a. Cumulatve total of 2,500 cubic yards, cut plus fll. Includes: grading for building pad, yard areas, driveway and all other areas requiring grading. Excludes: basements b. All cut and fll shall be rounded to contour with natural contours and planted with landscaping which meets the requirements in Secton 19.40.050 F. c. In all cases, the following shall apply: i. Changes in grade elevaton shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. ii. Split level designs shall be used to avoid additonal changes in grade elevaton. iii. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existng grading and drainage patern of the site. iv. Unless required by the City Engineer, development shall not result in a fnished foor more than 36 inches above fnished grade.
	2. Graded Area	a. Shall be limited to within 50 feet of the building pad area, unless additonal grading is required for emergency access, as determined by the Fire Department, or for utlites, as determined by the applicable service provider or the City Engineer.
	3. Common Driveways	Grading quanttes shall be divided equally among the partcipatng lots. E.g., two lots sharing a driveway shall divide the driveway grading quantty in half. The divided share will be charged against the grading quantty allowed for that lot development.

	4. Flat Yard Area	a. Limited to a maximum of 2,500 square feet, excluding driveways. b. For a two-lot subdivision, limited to a maximum of 1,250 square feet per lot, excluding driveways, except as further limited by subsecton (I).
	5. Soil Erosion and Screening of Cut and Fill Slopes Plan	A licensed landscape architect shall review grading plans and shall, in consultaton with the applicant and the City Engineer, submit a plan to prevent soil erosion and to screen cut and fll slopes.
	F. Landscaping
	1. Tree Plantng Plan	Shall be prepared by a licensed landscape architect to: a. Screen the residental structures to the greatest possible extent from the following prominent intersectons. No more than 50% of the visible wall face surface area shall be visible from the following prominent intersectons: i. Foothill Boulevard and Cristo Rey Drive ii. Foothill Boulevard and Alpine Way iii. Bellevue and Carmen Road iv. Linda Vista Drive and Hyannisport Ave v. Hyannisport Ave and Bubb Road vi. Rainbow Ave and Weymoth Drive. A visual simulaton from each of the intersectons above shall be provided to indicate compliance.
	2. Landscape Requirements	a. Reintroduce trees on barren slopes which were denuded by prior agricultural actvites. b. Must comply with Chapter 14.15, Landscaping Ordinance and Wildland Urban Interface Fire Area (WUIFA) requirements. c. At least 50% of the front yard area shall be landscaped (i.e., not hardscaped)
	3. Installaton of Landscape Improvements	Must be installed prior to fnal occupancy unless it is not practcable. If not installed, the applicant shall post a bond, cash or other security to cover the cost of installaton within an 18-month period from occupancy.
	4. Landscape Maintenance	All such landscape areas shall be properly maintained in conformance with the requirements of Chapter 14.15, Landscape Ordinance.
	5. Natve Trees	Should be integrated into the site design to the greatest extent possible.
	G. Watercourse Protecton

A. Density
	1. Watercourse and Existng Riparian Vegetaton	Any watercourse identfed in Figure 6-G in the City’s General Plan and its existng riparian vegetaton must be shown on all development plans.
	2. Setback	The setback shall be measured from the top of bank of the watercourses or from existng riparian vegetaton, whichever is greater. The setback from riparian vegetaton will be measured from the drip line perimeter. All new development, including structures, grading and clearing, must be set back as follows.
	a. Lots < 1 acre b. Lots ≥ 1 acre	50 feet 100 feet
	H. Development Near Prominent Ridgelines

1. New structures	Shall not disrupt a 15% site line from a prominent ridge as identfed in Appendix A. The ffeen percent site line shall be measured from the top of ridge at the closest point from the structure.
2. Additons to existng structures within the 15% site line of prominent ridgeline	a. Shall not further encroach into the site line. For example, the additon may not add height or bulk which may increase the disrupton to the ffeen percent ridgeline site line.
3. Impractble Clause	Additons to existng structures within the 15% site line of prominent ridgeline If (1) and (2) above are not practcable, alternatves may be considered through the excepton process, provided that no discretonary exempton process is allowed for projects seeking approval under Government Code Secton 65852.21.
I. Development on Slopes of ≥ 30%	a. Hillside Excepton required for all grading, structures, and other development > 500 square feet. b. If the lots developed or created pursuant to Government Code Sectons 64411.7 and 65852.21 have no areas with slopes less than 30% that can accommodate up to two units of 800 square feet each, grading for building pads for structures is limited to 800 square feet.
J. Trail Linkages and Lots Adjoining Public Open Spaces Site Plan	a. Site plan must identfy trail linkages as shown in the General Plan Trail Plan, on and adjacent to the site. b. If a trail linkage is identfed across a property being developed, development shall not take place within that area unless approved through the excepton process. c. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space.
K. Views and Privacy	It is not the responsibility of City Government to ensure the privacy protecton of the building permit applicant or owners of surrounding propertes that may be afected by the structure under constructon. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventng privacy intrusion and preserving views.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.11, 2022; Ord. 21-2235, § 3.11, 2021; Ord. 17-2165, § 11 (part), 2017; Ord. 2085, § 2 (part), 2011; Ord. 25-2277, Exh. A (part), 2025)

19.40.060 Building Development Regulations. ¶

All provisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section 19.40.070.

Table 19.40.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Residential Hillside (RHS).

Table 19.40.060: Building Development Regulations

A. Floor Area Rato (FAR)
1. Maximum Allowable Development	a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Secton shall not exceed 800 square feet per unit. b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Secton may have a foor area as calculated in subsecton (c) below, if it complies with the requirements of this Secton; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable foor area for the original lot shall be allocated to each resultng lot equal to the proportonate size of each resultng lot to the original lot. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of:

A. Floor Area Rato (FAR)

1. Maximum
Allowable
Development

a. Except as otherwise provided herein, a ministerially approved housing
development project approved pursuant to this Secton shall not exceed 800
square feet per unit.
b. Notwithstanding Paragraph (a), a ministerially approved housing development
approved pursuant to this Secton may have a foor area as calculated in
subsecton (c) below, if it complies with the requirements of this Secton;
provided, however, that if the housing development is on a parcel created by a
ministerial lot split under Chapter 18.20.170, the maximum allowable foor area
for the original lot shall be allocated to each resultng lot equal to the
proportonate size of each resultng lot to the original lot.
c. For projects not subject to ministerial approval under Paragraph (a) or (b),
maximum allowable development shall be the lesser of:

	i. 6,500 square feet; or ii. For lots with a net lot area of less than 10,000 square feet, 45% of the net lot area tmes the slope adjustment factor pursuant to Secton 19.40.060(A)(2); or Formula = (0.45 x Net lot area) x (Slope adjustment factor) iii. For lots with a net lot area of greater than or equal to 10,000 square feet, 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, tmes the slope adjustment factor pursuant to Secton 19.40.060(A)(2) Formula = ((4,500 + ((Net Lot Area - 10000)/1000)) (59.59)) x (Slope Adjustment Factor)
2. Adjustment Factor based on Average Slope of Net Lot Area			Average Slope	Reducton (1.5 x (Average Slope - 0.1))
	a. Average Slope < 10%	No reducton in allowable foor area slope adjustment factor = 1	< 10%	0%
	b. Average slope between 10% and 30%	A reducton in allowable foor area by one and one-half percent (1.5%) for each percent of slope over 10%. Slope adjustment factor = (1-(1.5 x (average slope of net lot area - 0.1))	11%	1.50%
			12%	3.00%
			13%	4.50%
			14%	6.00%
			15%	7.50%
			16%	9.00%
			17%	10.50%
			18%	12.00%
			19%	13.50%
			20%	15.00%
			21%	16.50%
			22%	18.00%
			23%	19.50%
			24%	21.00%
			25%	22.50%
			26%	24.00%
			27%	25.50%
			28%	27.00%
			29%	28.50%
	c. Average slope > 30%	Allowable foor area shall be reduced by a constant 30% Slope adjustment factor = (1- 0.3) = 0.7	> 30%	30.00%
3. Additonal Regulatons for Lots Within Cltd	a. Lot Area for calculatng FAR		May count a proportonate share of the reserved private open space to arrive at lot area for purposes of calculatng FAR.
usere

Subdivisions where Land is Reserved for Common Open Space	b. Maximum FAR prior to slope consideraton	b. Maximum FAR prior to slope consideraton	No developable lot in a cluster development can exceed forty-fve-percent foor area rato, prior to applying the slope adjustment factor, when a porton of the private open space is atributed to the lot area for calculatng FAR.	No developable lot in a cluster development can exceed forty-fve-percent foor area rato, prior to applying the slope adjustment factor, when a porton of the private open space is atributed to the lot area for calculatng FAR.
	c. Average slope of lot		Calculated on the developable lot only.

B. Height of Buildings and Structures	Limited to 30 feet
C. Setbacks
	First Floor		Second Floor	Habitable Third Floor (or portons of structures taller than 20 feet)
1. Front-yard
a. Slope < 20%	20 feet	Driveway and garage must be designed	25 feet	25 feet
b. Slope > 20%	10 feet	to enable vehicles to park of- street	25 feet	25 feet
2. Side-yard
a. Interior Side	10 feet		15 feet	20 feet


b. Street Side on Corner Lot	15 feet	15 feet	20 feet
c. Lots developed pursuant to Government Code Secton 65852.21	4 feet	4 feet	4 feet
3. Rear-yard	20 feet	25 feet	25 feet
a. Lots developed pursuant to Government Code Secton 65852.21	4 feet	4 feet	4 feet
D. Second and Third Story Decks and Balconies Minimum Setbacks
1. Front Yard	-	17 feet	17 feet
2. Side Yard	-	15 feet	15 feet
3. Rear Yard	-	20 feet	20 feet
E. Downhill Facing Elevaton
1. Second Story Downhill Facing Wall Plane Ofset	a. Ofset from First Floor Downhill Wall Plane	Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and Not less than a fve feet ofset. The remaining 25% may not extend past (cantlever over) the frst story wall plane.

	b. Multple Downhill Facing Wall Planes	Ofset shall apply only the primary setback afected.
	c. Ofset from First Floor Roofed Porches	Ofset may be measured from the outside perimeter of frst-story roofed porches. Roof of the porch must match, in pitch and style, the roof of the main structure. Porch must be at least 5 feet in width and extend the length of the wall on which it is located to be a qualifying ofset feature.

2. Maximum Exposed Wall Height on Downhill Elevaton	15 feet
3. Maximum Height of Retaining Walls Facing Downhill	For ministerial projects, the maximum height of retaining walls facing downhill slopes shall be fve feet, unless placed behind a dwelling unit or other similar structure and shall not be visible from the public right of way, prominent intersectons listed in Secton 19.40.050(F)(1), nor face an adjacent property. In all cases, retaining walls shall be screened with landscaping. For discretonary projects, the maximum height of retaining walls facing downhill slopes may be variable but every efort shall be made to stagger retaining walls to maintain heights at fve feet or less. Retaining walls shall be screened with landscaping. Retaining walls taller than fve feet visible from the public right of way, prominent intersectons listed in Secton 19.40.050(F)(1), or to adjacent propertes shall additonally be faced with architectural materials such as stucco, stone, etc.
F. Permited Yard Encroachments
1. Extension of a Legal Non- conforming Wall Plane for structures not located within a prominent ridgeline site line	Where a building legally constructed according to existng frst foor yard and setback regulatons at the tme of constructon encroaches upon present required frst foor setbacks, one encroaching side of the existng structure may be extended along existng building lines. Only one such extension shall be permited for the life of the building. Encroachments into a required yard which are the result of the grantng of a variance may not be further extended. Further encroachment into a required setback is not allowed. I.e., a non- conforming setback may not be further reduced. In no case shall any wall plane of a frst-story additon be placed closer than three feet to any property line.
2. Architectural Features	May extend into a required yard a distance not exceeding three feet. No architectural feature, or combinaton thereof, whether a porton of a principal or accessory structure, may extend closer than three feet to any property line. Second story decks or balconies may not further encroach into a required setback than allowed in Subsecton D.
G. Accessory Structures (including atached pato covers)	As allowed by Chapter 19.100, Accessory Buildings/Structures Lots created and developed with two units pursuant to Government Code Sectons 64411.7 and 65852.21 may not develop an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. Air conditoning units and similar mechanical equipment such as generators, sump pumps, heatng, and ventlaton equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code.
H. Design Standards
1. Building and Roof Forms	a. Natural Contours	Building shall follow as closely as possible the primary natural contour of the lot.
	b. Building Mass and Roof Pitches	The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope.

	c. Second Story Dormers	Permited within the second story setbacks as long as they are minor in shape and size.
	d. Downhill Elevaton of main structure	Shall have a minimum of four ofset building and roof elements to provide varied building forms to produce shadow paterns which reduce the impact of visual mass.
	e. High Wall Planes	Wall planes exceeding one story or 20 feet in height, whichever is more restrictve, shall contain architectural elements in order to provide relief and to break up expansive wall planes.
	f. Roof Overhangs	Roof overhangs or building eaves shall be a minimum of 12 inches in width
2. Colors	a. Natural Earth Tones	All structures on the lot shall use natural earth tone and/or vegetaton colors which complement the natural surroundings. Natural earth-tone and vegetaton colors include natural hues of brown, green and shades of gray.
	b. Refectvity Value	Shall not exceed 60 on a fat surface
3. Outdoor Lightng	All outdoor lightng shall meet the requirements in Chapter 19.102.

A. Floor Area Rato (FAR)
	4. Garages	All projects shall strive to atain, except that ministerially approved projects shall atain, the following standards: No more than 50% of the façade visible from the right of way shall comprise the garage. A two car garage face shall not exceed 24 feet in width and a one car garage face shall not exceed 12 feet in width. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portons of the home, are accessible from the street level. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. Where the garage door faces the side yard, but the garage itself is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable porton of the house. The window style must be the same as the windows on the habitable dwelling unit(s). Garage doors for no more than two car spaces shall be visible from the public right of way.
	5. Entry Features	All projects shall strive to atain, except that ministerially approved projects shall atain, the following standards: Only one entry feature shall be permited per structure and only one entry feature shall be visible from the public street. Duplexes shall have entrances to each unit on diferent building frontages. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate.
	6. Uncovered/ exterior staircases	Not allowed.
	7. Basements	Allowed, subject to the requirements outlined in Secton 19.28.070 (I).
	8. Architectural Features	The elevaton facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or ofsets, planters, railings, trellises, a combinaton of roofng elements (e.g. hip and gable roofs), dormers, change in architectural materials, quoins, accent tles, or an accent window inset greater than six inches. Windowsills, door or window trim, and roofng materials do not count as one of the features.

	Gable ends and Dutch gable ends taller than thirty inches shall include at least
	one element of architectural interest such as:
	• a wall ofset with corbels, brackets or change in materials;
	• louvered wood or metal vents;
9. Gable and Dutch Gable Ends	• clay or terracota tle vents; • accent tle decoraton; • medallion decoraton;
	• metal grille;
	• a change in architectural materials; • incorporatons of corbels; • decoratve gable pediments; • eyebrow trellises or pergola structurally atached to the building or
	• windows/glazing.
	Stone veneer or accent materials used as a wainscot on a street facing
10. Accent Materials	façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney.
	Stone veneer or any other siding material wrapped on columns shall terminate at the foor or ground, as applicable.
11. Private Open Space	Each unit must provide at least 15% of the unit foor area as private open space on the frst foor, with no dimension less than 10 feet.
12. Refuse, recycling, and other containers	A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. This area shall not be concurrent with any emergency access pathway
	required by the Fire Department.

11. Private Open Space	Each unit must provide at least 15% of the unit foor area as private open space on the frst foor, with no dimension less than 10 feet.
12. Refuse, recycling, and other containers	A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. This area shall not be concurrent with any emergency access pathway
	required by the Fire Department.
I. Geologic and Soils Reports
	A geological report prepared by a certfed engineering geologist and a soils report prepared by a registered civil engineer qualifed in soils mechanics by the State shall be submited prior to issuance of permits for constructon of any
	building or structure which:
	Is located on property in an RHS zoning district which has been
	designated by the General Plan to be within a geological hazard area;
	and
	Where an additon, alteraton or repair of an existng building or
	structure include at least one of the following:
1. Applicability	The improvements include increasing the occupancy capacity of the
	dwelling such as adding a bedroom or Accessory Dwelling unit, or
	The cost of the completed additon, alteraton or repairs will, during any period of twelve months, exceed twenty-fve percent of the value of the existng improvements as determined by the Building Ofcial based on current per foot value of the proposed structure to the existng structure’s value on a parcel of property. For the purposes of this secton, the value of existng improvements shall be deemed to be the estmated cost to rebuild the improvements in kind, which value shall be determined by the Building Ofcial.

A. Floor Area Rato (FAR)

9. Gable and Dutch Gable Ends	Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: • a wall ofset with corbels, brackets or change in materials; • louvered wood or metal vents; • clay or terracota tle vents; • accent tle decoraton; • medallion decoraton; • metal grille; • a change in architectural materials; • incorporatons of corbels; • decoratve gable pediments; • eyebrow trellises or pergola structurally atached to the building or • windows/glazing.
10. Accent Materials	Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney. Stone veneer or any other siding material wrapped on columns shall terminate at the foor or ground, as applicable.
11. Private Open Space	Each unit must provide at least 15% of the unit foor area as private open space on the frst foor, with no dimension less than 10 feet.
12. Refuse, recycling, and other containers	A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. This area shall not be concurrent with any emergency access pathway required by the Fire Department.
I. Geologic and Soils Reports
1. Applicability	A geological report prepared by a certfed engineering geologist and a soils report prepared by a registered civil engineer qualifed in soils mechanics by the State shall be submited prior to issuance of permits for constructon of any building or structure which: Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and Where an additon, alteraton or repair of an existng building or structure include at least one of the following: The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or Accessory Dwelling unit, or The cost of the completed additon, alteraton or repairs will, during any period of twelve months, exceed twenty-fve percent of the value of the existng improvements as determined by the Building Ofcial based on current per foot value of the proposed structure to the existng structure’s value on a parcel of property. For the purposes of this secton, the value of existng improvements shall be deemed to be the estmated cost to rebuild the improvements in kind, which value shall be determined by the Building Ofcial.
2. Content of Reports	These reports shall contain, in additon to the requirements of Chapter 16.12 of this code, the following: All pertnent data, interpretatons and evaluatons, based upon the most current professionally recognized soils and geologic data; The signifcance of the interpretatons and evaluatons with respect to the actual development or implementaton of the intended land use through identfcaton of any signifcant geologic problems, critcally expansive soils or other unstable soil conditons which if not corrected may lead to structural damage or aggravaton of these geologic problems both on-and of-site; Recommendatons for correctve measures deemed necessary to prevent or signifcantly mitgate potental damages to the proposed project and adjacent propertes or to otherwise insure safe development of the property; Recommendatons for additonal investgatons that should be made to insure safe development of the property; Any other informaton deemed appropriate by the City Engineer.
3. Incorporaton of Recommend- atons	All building and site plans shall incorporate the above-described correctve measures and must be approved by the City Engineer, upon a third-party peer review of the reports provided, at the applicant’s cost, prior to building permit issuance.

J. Private Roads and Driveways
1. Pavement Width and Design	The pavement width and design for a private road or common driveway serving two to fve lots and a single-lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress Easement and Reciprocal Maintenance Agreement	The property owner for a lot served by a private road or common driveway shall, prior to issuance of building permits, record an appropriate deed restricton guaranteeing the following, to adjoining property owners who utlize the private road or common driveway for the primary access to their lot(s): Reciprocal ingress/egress easement, and Partcipaton in a reciprocal maintenance agreement.
K. Solar Design	The setback and height restrictons provided in this chapter may be varied for a structure utlized for passive or actve solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variaton from the setback or height restrictons of this chapter may be allowed only upon issuance of an Administratve Conditonal Use Permit subject to Chapter 19.12, except that lots developed pursuant to Government Code Secton 65852.21 shall not be eligible for such a discretonary permit.
L. Of-street Improvements	Upon development of any newly subdivided lot, appropriate public right of way dedicatons shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards.
M. Short Term Rentals Prohibited.	No residental unit created pursuant to Government Code Secton 65852.21 may be rented for a term of 30 days or less.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.12, 2022; Ord. 21-2235, § 3.12, 2021; Ord. 21-2225, Att. A (§ 3), 2021; Ord. 17-2165, § 9, 2017; Ord. 2085, § 2 (part), 2011; Ord. 25-2277, Exh. A (part), 2025)

19.40.070 Exception for Development of Certain Individual Hillside ¶

Lots.

With respect to a request for development of a legally created individual hillside lot which does not meet the development requirements contained in Section 19.40.050, the Approval Body may grant an exception to allow development in accord with the requirements of Chapter 19.12, if:

The subject property cannot be merged with adjacent property pursuant to Government Code Sections 66451.10 - 66451.21; and

The Approval Body, based upon substantial evidence, makes all of the findings in Section 19.40.080.

(Ord. 2085, § 2 (part), 2011)

19.40.080 Hillside Exception–Findings. ¶

The Approval Body may grant a request for a Hillside Exception only if all of the following findings are made:

The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety.
The proposed development will not create a hazardous condition for pedestrian or vehicular traffic.
The proposed development has legal access to public streets and public services are available to serve the development.
The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel.
All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development.
1. The proposed development does not consist of structures on or near known geological or environmental hazards which have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. (See General Plan Policies 2-49.)
2. The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.)
3. The proposed development does not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor unless either:
  - The location of a structure on a ridgeline is necessary to avoid greater negative environmental impacts; or
  - The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See General Plan Policies 2-46, 2-47 and 2-48.)
4. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. (See General Plan Policies 2-46, 2-50, 2-51 and 2-52.)
5. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. (See General Plan Policies 2-55, 5-14 and 528.)
6. The proposed development includes a landscape plan which retains as many specimen trees as possible, which utilizes drought-tolerant native plants and ground covers consistent with nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2-54, 5-15 and 5-16.)
7. The proposed development confines solid fencing to the areas near a structure rather than around the entire site. (See General Plan Policy 5-17.)
The proposed development is otherwise consistent with the City's General Plan and with the purposes of this chapter as described in Section 19.40.010.

(Ord. 2085, § 2 (part), 2011)

19.40.090 Ministerial Approval of Up to Two Units. ¶

Miscellaneous Ministerial Permit Required. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.

The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060.

Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.

Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following:

objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following:

1. Basements	Allowed, subject to the requirements outlined in Secton 19.28.070 (I).
2. Balconies, decks or other similar structures	Allowed, subject to the setback requirements outlined in Secton 19.40.060 (D).
3. Design Standards	See Secton 19.40.060
4. Setbacks	See Secton 19.40.060. Detached structures: Detached structures located on the same lot shall have a setback of fve feet as measured between the eaves of the two structures.
6. Parking	Units shall have at least one of-street parking space, except that parking requirements shall not be imposed in either of the following instances: The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defned in Public Resources Code Secton 21155(b) Code, or of a major transit stop, as defned in Public Resources Code Secton 21064.3. There is a car-share vehicle located within one block of the parcel. Parking space(s) shall be provided in an enclosed garage encompassing 10’ by 20’ space for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from the fnished foor up to six feet from the fnished foor. When additonal enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124.

This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.13, 2022; Ord. 21-2235, § 3.13, 2021; Ord. 25-2277, Exh. A (part), 2025)