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)