This chapter shall be known, and may be cited, as the "hillside
area ordinance" of the city.
(Ord. 209 § 1, 1979)
The city council of the city finds and declares that:
A.
Foothill
faces, and other hillside areas, along the southerly side of the city
provide a unique natural landmark which differentiates this portion
of the city from other locations within the city;
B.
Foothill
areas in the city range in geologic characteristics from steep, rocky
slopes to brush-covered regions;
C.
Development
in brush or wooded regions requires recognition of various physical
constraints; including fire hazards, tree removal, drainage and erosion,
visible scarring and delicate, easily disturbed rock formations;
D.
Because
of the uniqueness of these areas within the city, special hillside
development policies are needed to restrict and/or control development
on these significant natural resources; and
E.
Adoption
of policies and procedures for reviewing proposed hillside area developments,
designed to ensure the preservation of natural hillside characteristics,
would contribute to the preservation and/or conservation of the valuable,
scenic, natural amenity of the city hillsides.
(Ord. 209 § 2, 1979)
A.
The
purpose of this chapter is to ensure that the density and type of
all hillside developments within the city are suitable to the topography
of the existing terrain, that proposed developments will provide for
the minimal disturbance of the natural terrain, and that the natural
hillside characteristics will be retained wherever practicable.
B.
Achievement
of these intentions shall be accomplished by the adoption of a resolution
which will set forth policies, standards and other appropriate specifications
which will include but not be limited to the following:
1.
A
map showing the area to which this chapter applies;
2.
Criteria
to guide the design of proposed developments to ensure the grading
and excavation conforms to natural landforms and avoids the usual
appearance normally associated with excessive padding and/or terracing
of building sites;
3.
Incentives
to encourage variety in proposed developments on hillside areas through
a mixture of housing types, padding and/or terracing techniques and
with density allowances and amount of undisturbed areas based on slope
analysis;
4.
Measures
to protect and conserve hillside ecosystems through the retention
of unique natural topographic features and hillside characteristics,
including drainage patterns, streams, slopes, ridgelines, rock outcroppings,
vistas, natural vegetation and migratory routes of animals;
5.
Methods
to preserve areas that may have an historic interest, significance
or educational value;
6.
Standards
of design to ensure streets which provide for the safe and convenient
circulation of vehicles, emergency equipment and pedestrians.
C.
In
areas where specific engineering, biological, hydrological, historical
or archeological data and findings are found to be necessary and essential
elements of the decision process for the achievement of the purpose
and intent of this chapter, such specific studies may be required
to the satisfaction of the city.
(Ord. 209 § 3, 1979)
Whenever used in this chapter, the following words, phrases,
terms and their derivations shall have the following meaning:
means any area having a grade of ten percent or more as shown
on the Hillside area map.
means the exemplification of natural hillside traits and
compatibilities in form, texture, color and line.
means a subdivision having more than twenty percent of its
acreage within a hillside area.
means an application for permit to grade, in accordance with
the Uniform Building Code or any grading within a hillside area.
means an analysis completed by a registered civil engineer,
based upon a topographic map with contour intervals at not more than
five feet. The slope analysis shall show the following slope categories:
10 to 15% slope
15 to 25% slope
25 to 35% slope
35% and over slope
means that area on which no grading, filling or removal of
trees and native vegetation shall be permitted, and any area which
has been determined as being, or for which there is reasonable evidence
to suspect as being, environmentally, archeologically or geologically
sensitive. Undisturbed area may include the installation of underground
utilities or that landscaping which is performed in accordance with
city standards.
(Ord. 209 § 4, 1979)
A.
A hillside
development committee shall serve to review all proposals for grading
in hillside areas for conformity to policies and standards as established
by resolution of the city. Such committee shall also review proposals
for conformity to the intent and purpose of this chapter.
B.
This
committee shall consist of the heads of the following city departments:
public works, engineer, public safety/fire and planning, or their
designated representatives.
C.
Such
committee is empowered with the authority to make findings and recommendations
on all proposals. Findings and recommendations shall be made in form
of a written report to the city manager. If the committee finds that
additional information is necessary and essential to the performance
of its duties as defined herein, the committee may require the submission
of special reports prepared by qualified individuals or firms.
(Ord. 209 § 5, 1979)
A.
A permit
to grade shall not be issued unless the permittee shall first post
with the city a bond executed by the owner and a corporation surety
authorized to do business in the state as a surety in an amount sufficient
to cover the cost of the grading project, including the construction
of drainage and protective devices and any corrective work necessary
to remove and eliminate engineering and geological hazards in a form
prescribed by the building official or approved as to form by the
counsel of the permit-issuing authority.
B.
In
lieu of a surety bond, the applicant may file a cash bond or, if approved
by the council, a letter of credit from one or more financial institutions
subject to regulations by the state or federal government in an amount
equal to that which would be required in the surety bond.
(Ord. 209 § 6, 1979)
A.
Provisions
of this chapter shall apply to future development proposals in hillside
areas located within the city. Specific standards for hillside areas
may be adopted by resolution of the city council in order to ensure
that developments within hillside areas are accomplished in an orderly
and efficient manner necessary to protect the public health, safety
and general welfare and which conform to the purpose and intent set
forth in this chapter. Standards, specifications, policies and definitions
of the city regarding engineering, design review, performance or building
requirements may be adopted by resolution of the city council.
B.
Such
hillside area standards may include, but are not limited to, regulatory
controls governing:
1.
Densities;
2.
Building
heights;
3.
Lot
sizes;
4.
Setbacks;
5.
Firefighting
access easements;
6.
Fire
protection (prevention and suppression) requirements;
7.
Bonding
requirements;
8.
Street
widths and maximum grades;
9.
Pavement
specifications;
10.
Maximum slopes for cuts and fills;
11.
Curb, gutter and sidewalk designs.
(Ord. 209 § 7, 1979)
