Because of the unique and peculiar problems inherent in the
development of hillside areas, special standards and conditions for
hillside development must be considered. The regulations, development
standards, and design guidelines set forth in this Chapter are intended
to satisfy those needs.
(Ord. 335 § 1 Exhibit A, 1994)
It is the purpose of this Chapter to define those mountain and
foothill areas as follows:
(a)
Undevelopable Areas. For those areas which are not developable, from
either a public safety or engineering perspective, and to prevent
inappropriate development on them; and,
(b)
Developable Areas. For those areas which are developable, ensure
that development enhances rather than detracts from or ignores the
natural topography, resources, or amenities of the hillsides.
(Ord. 335 § 1 Exhibit A, 1994)
The regulations, development guidelines, and design standards
set forth in this Chapter are not meant to slow or stop development
but are intended to:
(a)
Balance public and private interests while preserving the mountains
and foothills as a resource;
(b)
Allow for the reasonable development of hillside lands where appropriate;
(c)
Ensure that such development is sensitive to the fragile hillside
environment;
(d)
Assure that any permitted development will relate to the surrounding
topography and will not be conspicuous and obtrusive because of design
or location; and
(e)
Protect the public from hazards associated with hillside development.
(Ord. 335 § 1 Exhibit A, 1994)
The regulations, development standards, and design guidelines
set forth in this Chapter are based on the following policies:
(a)
To minimize the adverse impacts of grading;
(b)
To encourage the maximum retention of hillside natural vegetation,
and hydrology;
(c)
To preserve and maintain existing wildlife through the retention
of natural habitats, and the migratory routes of animals;
(d)
To take into account hazards associated with hillside development,
in order to protect lives and property;
(e)
To discourage mass grading of large pads and excessive terracing;
(f)
To encourage innovative architectural, landscaping, circulation,
and site design;
(g)
To encourage the maximum retention of natural topographic features
such as, but not limited to, mountainsides, mountain faces, skyline
profiles, ridgelines, hill-tops, hillsides, slopes, arroyos, natural
plant formations, ravines, canyons, rock outcroppings, view corridors,
and scenic vistas;
(h)
To promote development that will relate to the surrounding topography
and will not be conspicuous and obtrusive because of the design or
location;
(i)
To provide for safe circulation of vehicular and pedestrian traffic
to and within hillside area, and to provide adequate access for emergency
vehicles necessary to serve hillside areas;
(j)
To encourage in hillside areas an alternative approach to conventional
flatland practices of development; and
(k)
To balance public and private interests while preserving the hillsides.
(Ord. 335 § 1 Exhibit A, 1994)
The regulations, development guidelines, and design standards
contained in this Chapter apply to each and every parcel of land within
the City meeting the definitions of "hillside" area as
defined in Section 22.04.085(w), and are in addition to any of those
existing regulations set up by a parcel's particular zoning
district [land use category].
(a)
"The Toe of Slope" Designated as Dividing Line. In general,
the dividing line between a designated "hillside" area
and other land uses is meant to follow and be bounded by "the
toe-of-slope." The area above "the toe-of-slope"
includes not only hillsides, but also alluvial fans which are not
protected by flood control structures, and drainage ways and stream
courses which have some potential for flooding.
(b)
Mandatory Regulations for Hillside Areas. Except as specifically
provided elsewhere in this Chapter, the regulations, guidelines, and
standards expressed within this Chapter, shall apply to any and all
disturbance of natural terrain, grubbing, grading, or new use. In
addition, every new building and premises or land in a designated
"hillside" area shall be used for or occupied only in
accordance with this Chapter.
(1)
The regulations, within this Chapter shall apply to all new buildings
and structures, or parts of. Unless specifically exempted, every building
and structure shall be erected, constructed, established, altered,
enlarged, maintained, moved into or within a "hillside"
area only in accordance with accordance with regulations set forth
in this Chapter.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 356 § 1, 1995)
Not withstanding any other provisions in this Chapter, any pre-existing
project, or permit approved prior to the adoption of this Chapter,
shall be exempt from the requirements of this Chapter.
(a)
Revocation. In the event of a expansion or revision to any pre-existing
project or approval, the exempt status of that project or approval
shall be considered revoked. Upon revocation, any alterations, additions,
enlargements, or new building and premises, or land shall be in compliance
with those provisions established within this Chapter.
(b)
Minor Modifications. Unless specifically noted elsewhere in this
Chapter, minor modifications shall not be considered sufficient grounds
to revoke the exempt status of a pre-existing project, approval, or
permit.
(Ord. 335 § 1 Exhibit A, 1994)
For any parcel of land within a "hillside" area,
the permitted uses shall be determined by a parcels particular zoning
district [land use category].
(Ord. 335 § 1 Exhibit A, 1994)
Within a "hillside" area, the type and amount of
development allowed on a lot or parcel of land, shall be determined
by a parcels particular zoning district [land use category].
(Ord. 335 § 1 Exhibit A, 1994)
(a)
Conditional Use Permit Application. Prior to initiating any "project" on any parcel within a "hillside" area, the property owner(s) or assignee(s) shall submit a Conditional Use Permit Application in accordance with the provisions of Section 21.100.040 of the Municipal Code plus any additional requirements as specified by this Chapter and obtain a Conditional Use Permit.
(b)
Definition of "Project." For the purposes of this Chapter
a "project" shall include any work that results in any
alteration of the hillside area, all permanent or temporary applicable
uses, structures, or development, along with every tentative subdivision
map, parcel map, reversions to acreage, or lot merger application
filed for approval within a designated "hillside" area.
As used in this subsection the phrase "alteration of the hillside
area" includes any activity that scars, scrapes, destabilizes,
rearranges material, alters the color, or removes any material from
the hillside area.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 356 § 2, 1995)
In addition to those fees, plans, maps, or other information
required by a Conditional Use Permit Application, an applicant shall
be responsible for any additional materials required by this Chapter.
To initiate a "project" on any lot or parcel within
a "hillside" area the property owner(s) or assignee(s)
shall be required to submit the following information in the number
and at the scale specified by the Community Development Director:
(a)
Required Reports. The following reports shall be prepared by a California
licensed Engineer (licensed in the appropriate discipline), unless
specifically waived by the Community Development Director and City
Engineer based on a site visit to the proposed site:
(1)
Hydrology. Hydrology, drainage, and flooding report for all sites;
(2)
Conceptual Drainage Plan. A conceptual drainage and flood control
plan describing planned drainage improvements.
(3)
Soil Survey. Soil survey of the sites proposed attesting to stability
of all sites, and the appropriateness of the construction method proposed;
(4)
Underlying Geology/Engineering Report. Underlying geology/ engineering
report, attesting to stability of all sites;
(5)
Seismic Analysis. Seismic analysis attesting to the stability of
the site(s) and addressing the potential of material above the site(s)
impacting the site(s);
(6)
Access Plan. Access plan demonstrating the feasibility of providing
access routes to the proposed site(s), in addition to the scarring
effects of the grading necessary to install such roads;
(7)
Utility Plan. A utility plan demonstrating the feasibility of providing
water for domestic and fire suppression purposes, sewer, power, and
other utilities, especially with regard to the scarring effects of
the grading necessary to install such utilities;
(8)
Conceptual Grading Plan. A conceptual grading plan for the construction
site(s) and access routes with sufficient information demonstrating
the feasibility of such grading in addition to the scarring effects
of undertaking such grading activities. The conceptual grading plan
should include the following items:
(i)
Area boundaries;
(ii)
Areas to be left undisturbed (not graded);
(iii)
Areas which will not be developed;
(iv)
Areas of proposed cut and fill (in contrasting colors) clearly
showing where cut and fill exceed depths established in the hillside
development guidelines. Additionally, the areas of cut and fill, calculated
as a percentage of the total site area, shall be included on the plan;
(v)
Contour shall be shown for existing and natural land conditions and
proposed work. Existing contours shall be depicted with a dashed line
with every fifth contour darker, and proposed contours shall be depicted
as above except with a solid line according to the following schedule:
|
Slope:
|
2% or less to 19.9%
|
|
Maximum Interval Feet:
|
2
|
|
Slope:
|
20% or greater
|
|
Maximum Interval Feet:
|
5
|
(9)
Slope Analysis Map. A slope analysis map for the purpose of determining
the amount and location of land as it exists in its natural State
falling into each slope category as specified below. For the slope
map, the applicant shall use a base topographical map of the subject
site, prepared and signed by a registered civil engineer or licensed
land surveyor, which shall have a scale of not less than one (1) inch
to one hundred (100) feet and a contour interval of not more than
two (2) feet provided that the contour interval may be five (5) feet
when the slope is more than twenty (20) feet. This base topographical
map shall include all adjoining properties within one hundred twenty
(120) feet of the site boundaries. Delineate slope bands in the range
of zero (0) up to five (5) percent, five (5) up to ten (10) percent,
ten (10) up to fifteen (15) percent, fifteen (15) up to twenty (20)
percent, twenty (20) up to twenty-five (25) percent, twenty-five (25)
up to thirty (30) percent, and thirty (30) percent or greater.
Also included shall be a tabulation of the land area in each
slope category specified in acres. The exact method for computing
the percent slope and area of each slope category should be sufficiently
described and presented so that a review can be readily made.
(10)
Slope Profiles. Provide a sufficient number of slope profiles to
clearly illustrate the extent of the proposed grading. A minimum of
three (3) slope profiles shall be included with the slope analysis.
The slope profiles shall:
(i)
Be drawn at the same scale and indexed or keyed to the slope
analysis map, grading plan and project site map;
(ii)
Show existing and proposed topography, structures, and infrastructures.
Proposed topography, structures, and infrastructures shall be drawn
with a solid, heavy line. Existing topography and features shall be
drawn with a thin or dashed line;
(iii)
The slope profile shall extend far enough from the project site
boundary to clearly show impact on adjoining properties within one
hundred fifty (150) feet of the site boundary;
(iv)
The profiles shall be drawn along those locations of the project
site where: (A) the greatest alteration of existing topography is
proposed; (B) the most intense or bulky development is proposed; (C)
the site is most visible from surrounding land uses; and, (D) at all
site boundaries illustrating maximum and minimum conditions.
(b)
Required Studies. As part of the application process the following
studies shall be filed with the Director of Community Development:
(1)
Natural Features Map. A natural features map identifying all slope
banks, ridgelines, natural drainage courses, rock outcroppings, existing
vegetation and other natural features determined to be worthy of consideration
for preservation. Also depicted shall be landslides and other existing
geologic hazards. Each feature depicted shall be noted for its visual
(V) significance, environmental function (E) or both.
(2)
Review by Biologist. All development shall be subject to a review
by a qualified biologist, who shall address the following: (i) natural
vegetation and native plants which may be affected by the project;
(ii) wildlife habitats, migratory routes (e.g., for Bighorn sheep),
and native animal species; (iii) plan to maintain corridors for wildlife
habitat and movement of animals within designated hillside areas.
(3)
Review by Archaeologist. All development shall be subject to a review
by a qualified archaeologist, who shall address the following: (i)
a through examination of the site for archaeological remains; (ii)
a plan for the salvage of any significant findings; (iii) a review
of the site for any significant historic or cultural resources.
(4)
Preservation Plan. A plan for the preservation of all areas slopes
to remain in natural State including the designation of all watercourses
both natural and man-made, with plans for the preservation and/or
reintroduction of drought tolerant plants.
(5)
Conceptual Landscape Plan. A conceptual landscape plan which addresses
entryway treatments, streetscapes and other overall landscape elements.
(6)
Other Analytic and Illustrative Techniques. To aid in the analysis
of the proposed project to illustrate existing or proposed conditions
or both the following items shall be required: (i) a topographic model;
(ii) a line of sight or view analysis; (iii) photographic renderings;
(iv) or any other illustrative technique determined necessary to aid
in review of a project.
(c)
Additional Required Items. As part of the application process the
following items shall be filed with the Director of Community Development:
(1)
Statement of Conditions for Ultimate Ownership and Maintenance. A
Statement of conditions for ultimate ownership and maintenance of
all parts of the development including street, structures, and open
spaces;
(2)
Topographic Map of Possible Future Design. In the event that no grading
is proposed, i.e. custom lot subdivision, a Statement to that effect
shall be filed with a plan which shows possible future house plotting,
lot grading, and driveway design for each parcel proposed, to be prepared
on a topographic map drawn at the same scale as the conceptual grading
plan;
(3)
Illustrative Building Elevations. When unit development is proposed,
illustrative building elevations, that show all sides of the proposed
structure(s) and which accurately depict the building envelope for
each lot, shall be provided.
In addition to those findings required for the approval of a Conditional Use Permit in Section 21.100.040(d) or for a Specific Plan in Section 21.100.030(d), prior to recommending approval or approving the proposed development, the Planning Commission and City Council shall find that:
(a)
The proposed development concepts and plans are compatible with the
natural topography of the site;
(b)
That the proposed development will provide for minimal disturbance
of the existing terrain and natural habitat; and,
(c)
That the proposed development conforms to the spirit and intent of
the Development Guidelines and Design Standards as set forth within
this Chapter.
(Ord. 335 § 1 Exhibit A, 1994)
In addition to those submittal requirements required in Chapter 21.60 Architecture and Landscape Review, an accurate architectural rendering or scale model showing just how the completed structures and lot (house, accessory structure, roads, etc.) will appear after all construction is completed, including landscaping, shall be submitted for review and approval in accordance with Section 21.60.020.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 727 § 4, 2020)
(a)
Preliminary Grading Plan Required. In order to assure compliance
with the provisions of the Hillside Management Program, a preliminary
grading plan shall be submitted, along with every tentative subdivision
map and parcel map filed for approval with the City. This preliminary
grading plan will be required to show at least one practical, usable,
and accessible building site which can be developed, in accordance
with the provisions of this Chapter, for each proposed lot or parcel.
Unless otherwise excluded, this submittal requirement shall
apply to every property within or partially within a designated "hillside"
area.
(Ord. 335 § 1 Exhibit A, 1994)
For the purposes of this Chapter certain terms and words are
defined as follows:
The cutting and filling of a site which does not require
the export or import of earth material.
Earth material acquired from an off-site location for the
use in grading on a site.
A specific location on a site designed to accommodate construction
of a residence or other building.
Reforming and consolidation of fill to provide structural
strength.
A line drawn on a plan which connects all points of equal
elevation.
A grading concept designed to result in earth forms which
resemble natural terrain characteristics. Horizontal and vertical
curve variations are often used for slope banks. Contour grading does
not necessarily minimize the amount of cut and fill occurring.
The mechanical removal of earth material.
The excavating of earth material in one place and depositing
of it as fill in an adjacent place.
The line between finished grade and natural terrain drawn
by connecting the points where proposed contours meet existing contours.
Any activity which results in an alteration of either land
or vegetation.
A potential entitlement created by a land use designation
and by adoption of a land use [zoning] category, applying to a parcel
of land, to construct one dwelling unit per a given number of square
feet or per a given number of acres, which can only be exercised when
the development right or credit has been transferred pursuant to the
provisions of this Chapter, from a sending parcel to a receiving parcel,
and all other requirements of law are fulfilled.
A general term applied to the removal of surface or subsurface
water from a given area either by gravity or by pumping; commonly
applied to surface water.
A re-vegetation process, this process generally consists
of a site analysis, species count, evaluation, and after construction
a replanting phase. This process involves evaluation of the project
site to determine which plants best represent the habitat; the distribution
of the typical plant grouping; and the determination of which plants
should be replaced by reseeding and which plants will be dug out,
boxed or canned, and replaced after construction.
Any act by which soil or rock is cut into, dug quarried,
uncovered, removed, displaced, or relocated.
The effective visual bulk of a structure when seen from a
distance or from above or below.
Height or distance above sea level.
The process by which the soil and rock components of the
earth's crust are worn away and removed from one place to another
by natural forces such as wind, water, ice, and gravity.
Excess earth material that is removed from a grading project
and deposited off-site.
A deposit of earth material placed by artificial means.
The final elevation of the ground surface after development,
which is in conformance with the approved plan.
Development rights or credits may be transferred as a fraction
carried to the second decimal place, rounded up or down to the second
place following the rule of the third decimal being 0-4, round down;
5-9 round up to the next digit in the second decimal place. When applied
to the receiving parcel, the number of credits (carried to the second
decimal place) will be spread across the acreage of the receiving
parcel and will be translated into an increment of additional development
entitlement carried to two decimal places per acre.
To bring an existing surface to a designed form by excavating,
filling, or smoothing operations; the process of rearranging the existing
topography.
For the purposes of this Chapter "hillside" area
shall be construed to mean: (1) all of that area within the City boundary
lines designated as a "hillside" area as illustrated in
the General Plan Conservation/Open Space Element; (2) all of that
area above the "toe-of-slope" as defined in Section 22.04.085(zz).
It shall be the prerogative of the City Council to designate other
areas as "hillside" area, based upon the natural topography
of the area, supplemented by contours shown on plans, as submitted
in conjunction with an appropriate development permit or other application
or tentative tract map.
Area on a lot covered by materials that will not allow incident
rainfall to pass into the native soil and ground water system.
A small round hill or mound.
Any activity involving the clearing, grading transporting,
filling, and any other activity which causes land to be exported to
the danger of erosion.
The movement of large quantities of earth over large areas.
Disruption of the majority of the on-site surface terrain is common
and often results in a successive pad/terrace configuration. Modification
or elimination of natural landforms may result.
A grading concept designed to minimize excavation and filling.
Allows the movement of earth for projects such as individual building
foundations, driveways, local roads, and utility excavation. The concept
is associated with roads conforming closely to natural contours and
with structures being built on natural terrain.
Channels formed by the existing surface topography of the
earth prior to changes made by unnatural causes.
A slope which is not man-made. A natural slope may retain
natural vegetation during adjacent grading operations, or it may be
partially or completely removed and replanted.
A level area created by grading to accommodate development.
The relationship of a slope's vertical to horizontal
height with the horizontal specified as one hundred (100) (e.g. thirty
(30) percent).
A ridge or hill location which is visible from a major, primary,
or secondary arterial, collector street, or Highway 111, which forms
part of the skyline or is seen as a distinct edge against a backdrop
of land at least three hundred (300) feet horizontally behind it,
or is so designated by the Community Development Director or Planning
Commission based upon a review of the site.
A parcel to which potential entitlement for residential development
is transferred up to the limits pursuant to the provisions of this
Chapter, and exists in addition to any potential entitlement created
by the Zoning Ordinance of the City of Indian Wells and land use category
which applies to the parcel.
A facility which provides for storage of storm water runoff
and controlled release of this runoff during and after a flood or
storm.
A landscape technique, the primary purpose of which is to
replace original plants to an area that has been disturbed. Re-vegetation
can be accomplished by reseeding with seed collected from plants of
the same species or purchased from a native seed company, cuttings
taken original or same species plants or from a process called devegetation.
A long, narrow, conspicuous elevation of land.
The line and adjacent slopes comprising the top of a hill
topography.
A visible cut in a hillside or ridge with a slope greater
than 1-1/2:1 in which all topsoil has been removed and vegetation
will be unable to establish itself after a significant period of time
(5 years)
A barrier or dam built at suitable location to retain rock,
sand, silt, or other materials.
A parcel, from which all potential entitlements for residential
development are transferred (by means of sale, or transfer to another
parcel) and thereby extinguished.
Any plot, parcel, or parcels of land.
An inclined ground surface, the inclination of which is expressed
as a ratio of the vertical distance (rise), or change in elevation,
to the horizontal distance (run). The percent of any given slope is
determined by dividing the rise by the run, multiplied by one hundred
(100).
The actual true vertical height difference from the toe of
a slope to its top (not along the slope's face)
A manufactured slope consisting wholly or partially of either
cut or filled material.
The relationship of a slope's horizontal length to
vertical height, with the height specified as one (1) (e.g. 2:1 or
3/4:1)
The area where a slope bank meets the natural terrain or
a level graded area either vertically or horizontally.
Remedial grading done to assure safety of cut or fill slopes
(e.g. buttresses)
Anything constructed or erected, the use of which requires
a location on the ground, or attached to something having a location
on the ground, including but not limited to tennis courts, fences,
walls, swimming pools, sheds, and buildings.
Water that results from precipitation which is not absorbed
by the soil or plant material.
A topographic depression designed usually to direct and carry
runoff.
The toe-of-slope may be located using the following criteria
(more than one criterion may apply): the dividing line between steeper
rock formations and more gently sloping alluvium, i.e. where there
is a noticeable break in the angle of slope from steep to shallow;
or, where the angle of natural slope exceeds ten (10) percent; or,
the point where water-borne alluvial material begins to collect to
a depth of one foot or more.
A general term to include characteristics of the ground surface
such as plains, hills, mountains; degree of relief, steepness of slope,
and other physiographic features.
The continuous bottom of a hilly topography.
All plant growth, especially trees, shrubs, mosses, and grasses.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 356 § 1, 1995)
The following Hillside Development Guidelines are intended to
promote the appropriate development of hillside areas. These guidelines
are not intended to be a set of rigid objectives. Nor, are they meant
to prescribe a particular method or design in a hillside area. Their
purpose is to make explicit key design concepts and establish a overall
design framework. And, to provide direction to encourage development
which is sensitive to the unique topographic features and characteristics
common to hillside properties.
(a)
Site Design.
(1)
Location of Development. Development within hillside areas should
be located in a manner that will:
(i)
Preserve significant topographic features of a hillside area in essentially
their natural State;
(ii)
Minimize the disruption of existing plant and animal life;
(iii)
Minimize the scarring effects of grading for roads, building
pads, or cut and fill slopes;
(iv)
Provide a safe means of entrance and exit for vehicular and
pedestrian traffic to and within hillside areas;
(v)
Orient development to the site so that grading and other site preparation
is kept to an absolute minimum;
(vi)
Preserve views of significant visual features as seen from both
within and outside of a hillside development;
(vii)
Preserve any significant public vista or view, particularly
those seen from public places and rights-of-way in the valley below;
(viii)
Preserve the natural hillside hydrology; and
(ix)
Maximize the conservation and preservation of native plant materials
and areas of historic significance.
(2)
Location of Dwelling Units and Structures. Dwelling units and structures
should be located in a manner that will:
(i)
Limit the extent of grading alterations;
(ii)
Retain outward views from each unit;
(iii)
Retain natural skyline profiles;
(iv)
Retain the natural silhouette of the hillside;
(v)
Complement one another and the natural landscape;
(vi)
Relate to the surrounding topography and not be conspicuous
or obtrusive; and
(vii)
Incorporate innovative building techniques and other site planning
techniques to preserve open spaces and protect natural hillside features.
(c)
Public/Private Roads. Where road construction is permitted in hillside
areas, roads should be located in a manner that will:
(d)
Architecture. The form, mass, and profile of the individual buildings
and architectural features should be designed to:
(f)
Walls and Fences. Walls, garden walls, screen wall or fences or similar
such structures should be compatible with the surrounding topography
and not be conspicuous or obtrusive.
(g)
Retaining Walls. Vertical retaining walls and other support structures
should be kept as low as possible and blend with the surrounding natural
terrain.
(h)
Landscaping. Within hillside areas, the protection and preservation
of native species and natural areas should be undertaken to the maximum
extent possible. Where the introduction of landscaping is undertaken:
(1)
Plant materials should be selected appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions
of the site;
(2)
Irrigation system design should follow design principals in support
of water conservation practices;
(3)
Selection of water efficient and low maintenance plant material should
be undertaken to the maximum extent possible;
(4)
Fire prevention needs should be addressed in areas that are fire
prone; and
(5)
Plant materials should be selected appropriately based upon their
ability to screen structures to the fullest extent possible at maturity
while relating to the surrounding topography and not be conspicuous
or obtrusive.
(i)
Grading. All grading operations [including filling, clearing, or
excavation] should be designed to:
(1)
Preserve, match, or blend with the natural contours and undulations
of the land;
(2)
Minimize the scarring effects of excessive grading for roads, building
pads, or cut and fill slopes;
(3)
Assure that grading and other site preparation is kept to an absolute
minimum;
(4)
Avoid grading and clearing operations on steep or hazardous terrain;
(5)
Assure that grading and clearing operations are limited to those
areas of proven stability;
(6)
Employ, where feasible, devegetation, re-vegetation or land form
landscaping to manufactured slopes to create visually interesting
and natural appearing terrain;
(7)
Avoid, where possible, padding or terracing of building sites in
the hillside areas;
(8)
Encourage the maximum retention of significant stands of trees, native
vegetation, and habitat corridors; and
(9)
Encourage the retention of natural topographic features, prominent
landmarks, and areas of historic or archaeological significance.
(j)
Drainage. Where construction is permitted in hillside areas, development
should be designed and located so that:
(1)
The design, scope, or location of drainage structures or improvements
should not adversely affect any proposed lots, adjacent properties,
or the physical and visual character of a hillside;
(2)
Natural drainage courses should be preserved and enhanced to fullest
extent possible;
(3)
Drainage structures or improvements, where required, should relate
to the surrounding topography and not be conspicuous and obtrusive;
and
(4)
Site disturbance for the construction of any required drainage structure
or improvements should be minimized.
(k)
Public Safety. Where permitted in hillside areas, only that development
which is not detrimental to the public health, safety, or welfare
should be encouraged.
(Ord. 335 § 1 Exhibit A, 1994)
Within the framework of the previous development guidelines,
the following design standards have been prepared to give more specific
direction. These minimum standards shall apply to any use, development,
or alteration of land subject to regulation by this Chapter.
(a)
Zoning Requirements. Within any designated hillside area the following
minimum standards are to be observed:
(b)
Development Control. The following shall serve to provide direction,
in a general sense, to the appropriate development of hillside areas,
based upon the percent of the natural slope:
(1)
0 - 9.99% Slope. Development with grading is permitted. However,
existing land-forms must retain their natural character. Padded building
sites are allowed, but custom foundations, split level designs, and
clustering is expected to mitigate the need for large padded building
areas.
(2)
10 - 14.99% Slope. Some grading may occur, however natural topographic
features shall retain their natural land form. Padded building sites
may be allowed, but shall be limited to padding for the structure
only. Structures are expected to conform to the natural land form,
techniques such as split level foundations of greater than eighteen
(18) inches, stem walls, and clustering may be required to reduce
grading.
In conjunction with an approved specific plan, projects which
include special design features, such as significant common areas
or recreational facilities, paseos, etc., the City Council may consider
padded building sites adjacent to those special feature when it is
found that said grading creates a better relationship between that
special design feature and the adjacent lots.
(3)
15 - 19.99% Slope. Development is limited to no more than the less
visually prominent slopes and then only where it can be shown that
safety, environmental, and aesthetic impacts can be avoided. Structures
shall blend with the natural environment through their shape, material
and colors. The construction of residential dwellings and structures
with multiple foundation levels shall be mandatory. Design techniques
such as split level foundation or stepped foundations are expected.
The use of post and beam construction, pole foundation, or similar
construction methods shall be discouraged.
(4)
Twenty (20) percent Slope and Over. This is an excessive slope condition
and development is prohibited. All land areas with twenty (20) percent
or greater slope shall not be graded in any manner except at the specific
discretion of the City Council. Development and limited grading can
occur only if it can be clearly demonstrated that safety, environmental,
and aesthetic impacts will be avoided, and that a minimum amount of
development is in the spirit of, and not incompatible with, the purposes
and policies set forth in this Chapter.
(c)
Permitted Building Area. The following standards shall apply to all
properties except as modified by any additional provisions contained
elsewhere within this Chapter:
(1)
Maximum building envelope size: Forty (40) percent of lot area or
ten thousand (10,000) square feet, whichever is less.
(2)
Maximum total lot disturbance: Fifty (50) percent of lot area or
twenty-five thousand (25,000) square feet, whichever is less.
For the purposes of calculating maximum total lot disturbance,
site disturbance shall include all areas disturbed for the purpose
of constructing primary or accessory structures; service utilities,
driveways, roadways, parking areas; walkways, decks, pools, or spas;
fences, screening, or walls; accessory equipment including but not
limited to heating, venting, cooling, solar; radio or television masts
or antennas; all ornamental trees, shrubs and landscape areas; in
addition to all graded areas. The total shall include disturbed areas
both inside and outside the building envelope.
(3)
Maximum Total Tract Disturbance. Maximum total tract disturbance
for public improvements: Seven (7) percent of tract area. All improvement-related
disturbance shall be included in this calculation, including central
water facilities, utilities, streets (public or private), stormwater
management facilities as well as areas of grading and vegetation removal.
(d)
Setbacks.
(1)
Minimum spacing between building envelopes on adjacent lots: fifty
(50) feet.
(2)
Minimum spacing between building envelopes and tract boundary or
off-site public street: fifty (50) feet.
(3)
No building envelope shall be placed closer than fifty (50) feet
to any lot line.
(4)
Minimum spacing of building envelope from on-site public streets:
twenty (20) feet.
(e)
Site Design.
(1)
Sensitivity to Natural Terrain. To the extent possible, the design
of building sites shall be sensitive to the natural terrain. Structures
shall be located in such a way as to minimize necessary grading and
to preserve natural features, including, but limited to ridgelines,
ridgecrests, skyline profiles, hilltops, arroyos, ravines, canyons,
slopes, drainage patterns, prominent stands of native plant materials,
rock outcroppings, view corridors, and scenic vistas.
(2)
Archaeological or Paleontological Sensitivity. Where possible, development
shall be directed away from those areas with high archaeological or
paleontological sensitivity, unless effective mitigation measures
can be implemented.
(3)
Sensitivity to Wildlife Habitats and Migratory Routes. Where feasible,
structures shall be located in such a way as to avoid significant
habitats and migratory routes of wildlife.
(4)
Wildlife Corridors. Where achievable, development projects shall
plan to maintain corridors for wildlife habitat and movement of animals
within a development. Such corridors shall remain as undevelopable
open space and be preserved by being designated as common open space
or through such techniques as conservation easements.
(i)
Access to wildlife corridors shall be controlled where public areas
of the development are adjacent to such areas. Signage shall be erected
to deter human and pet intrusion on foot into wildlife corridors.
(ii)
Where feasible, buffers shall be included in any wildlife corridor
site design. These buffers may include the use of physical barriers
utilizing appropriate landscape materials (primarily native plants),
with a primary goal of controlling human and pet encroachment.
(iii)
In areas where roads are permitted to traverse known wildlife
corridors, such as over a natural drainage channel, the road design
shall include the use of corrugated pipe not less than four (4) feet
in diameter to allow the wildlife corridor to continue beneath the
road.
(f)
Building Location.
(1)
View Opportunities. In hillside areas, the design of lots and plotting
of residential dwellings shall, where feasible, be oriented to allow
view opportunities. It should be understood however, that existing
site constraints such as surrounding land uses, significant topography
features, or hazardous areas may restrict building placement and may
limit such views.
(2)
View Corridors from Downslope Lots. Whenever possible, dwellings
units and structures, parking areas, and associated landscaped areas
shall be arranged in a manner which preserves or enhances view corridors
from downslope lots.
(3)
Skyline Profiles. In order to retain skyline profiles, no point on
any structure subject to the provisions of this document shall be
closer to a ridgeline than one hundred fifty (150) feet measured horizontally
on a topographic map or fifty (50) feet measured vertically on a cross
section.
(4)
Natural Hillside Profile. In order to retain the integrity of the
natural hillside profile, the following techniques are to be taken
into consideration:
(i)
Whenever possible, the natural ridgeline shall be used as a backdrop
for structures.
(ii)
Whenever possible, graded areas shall be designed with manufactured
slopes located on the uphill side of structures, thereby, hiding any
graded slope behind the structure.
(iii)
When appropriate, landscape plant materials should be used as
a supplement or substitute for a ridgeline backdrop in the event that
a natural ridgeline is altered.
(5)
Excessive Slope Conditions. In excessive slope conditions (fifteen
(15) percent slope and greater), minimum spacing requirements for
building envelopes adjacent to a street (public or private) may be
reduced to a minimum of nineteen (19) feet from back of curb or back
of sidewalk, whichever is more restrictive, in order to minimize rear
yard grading.
(6)
Site Planning Techniques. Whenever possible, development projects
shall incorporate clustering, variable setbacks and building heights,
multiple building orientations, and other site planning techniques
to preserve open space, protect natural features, and allow view opportunities.
(g)
Building Envelopes.
(1)
To promote a more sensitive building design and reinforce the natural
slope profile, the permitted building envelope for all structures
within a hillside area shall be as follows:
(i)
Permitted Height. An overall maximum height of eighteen (18) feet
is permitted, as measured from the average percent slope of the building
site.
(ii)
Calculation of Average Percent Slope. The method for computing
average percent slope of the building site shall be calculated extending
a line through the mid-point of the building site perpendicular [at
right angles] to the natural slope prior to any site disturbance.
For each pair of contour lines which intersects [crosses] the mid-point
line, calculate percent slope between each elevation point. Next,
add together all of the calculated percent slope numbers, then divide
this figure, by the total amount of contour lines, intersecting the
line through the mid-point of the building site.
(iii)
Downslope Height Restrictions. The maximum height of any downslope
building envelope plane shall not exceed fifteen (15) feet in height
and shall extend up and toward the interior of the building envelope
at a thirty-seven and one-half (37 1/2) degree angle to a maximum
height of eighteen (18) feet as measured from the average percent
slope of the building site.
(2)
Location of Building Envelopes. Unless otherwise approved, building
envelopes shall be located on the most suitable areas for development.
(i)
In general, building envelopes shall not be located on: hill tops,
ridge lines, ravines, canyons, steep slope areas (over twenty (20)
percent slope); rare or endangered species' habitats; areas
subject to rock fall, landslides, or other such hazards; prominent
knolls, rock outcroppings, or natural drainage courses.
(ii)
The presence of sensitive or hazardous areas on a building site
shall require the reduction of the "permitted" building
envelope in order to mitigate adverse environmental or aesthetic impact
of grading and construction.
(h)
Building Pad Design. On building sites where excessive slope conditions
exist (fifteen (15) percent slope and greater) to minimize grading,
site disturbance, and preserve desired hillside characteristics, the
following provisions are to be observed:
(1)
The maximum building envelope size shall be reduced by ten (10) percent;
(2)
All dwelling units constructed shall not exceed five thousand (5,000)
square feet in usable floor area, excluding garages or other on-site
parking requirements; and
(3)
In order to preserve the character and profile of the natural slope,
the construction of residential dwellings and structures with multiple
foundation levels shall be mandatory while post and beam or similar
construction shall be discouraged.
(i)
Clustering. Clustering of residential structures shall be undertaken
as a means of directing development away from environmentally sensitive
areas or as a means of preserving existing natural features, open
space or limiting the total amount of site disturbance.
(1)
Open Space Management Plan. Clustering shall be permitted upon the
submission of an acceptable open space management plan in conjunction
with a specific plan along with a Conditional Use Permit for a residential
cluster development.
(2)
Common Intent Form of Land Ownership. The common intent form of land
ownership, where an individual may own either the airspace or land
under the individual unit with common areas owned and controlled by
a an organization consisting of all individual owners, shall be required
for the use of the cluster option.
(3)
Single Family Dwelling Units. Attached single-family dwelling units
may be permitted under a clustering option; however, no more than
two (2) individual units may be attached when using the cluster option.
(4)
Density of Development. The density of a development shall not exceed
that allowed in a parcels or areas particular zoning district [land
use category] when using the cluster option.
(j)
Lot Design. Where applicable, "panhandle," double frontage,
and other unorthodox lots shall be permitted so long as it can be
adequately demonstrated that the design will eliminate excessive cuts
and fills and that no lot will be adversely affected by any other
lot so arranged.
(k)
Accessory Buildings and Structures.
(1)
Uses Within Building Envelopes. In hillside areas all accessory or
ancillary buildings, equipment, uses, or structures shall be located
within building envelopes except as otherwise permitted elsewhere
within this document.
(2)
Uses Outside Building Envelopes. Unless otherwise restricted, any
septic system, well, driveway or walkway may be located outside building
envelopes.
(l)
Recreational Open Space. In areas where the slope exceeds fifteen
(15) percent slope it is recommended that a minimum of one hundred
(100) square feet of usable recreational open space be provided for
each dwelling unit.
(m)
Parking Requirements.
(1)
Minimum On-Site Parking Requirements. The following on-site parking
standards shall be the minimum acceptable for residential structures
within hillside areas:
(i)
Parking for single-family residential uses shall be located on the
same parcel of land as the residential building which the parking
is to serve.
(ii)
All required parking shall be provided off-street and in no
cases may parking lanes be provided on any roadway (public or private)
except as approved in conjunction with a specific plan along with
a Conditional Use Permit for a residential cluster development.
(2)
Parking Standards.
(i)
Single-Family Detached Dwelling Units. Two (2) enclosed spaces, plus
two (2) uncovered spaces. The uncovered spaces may be incorporated
within a parking area shared by spaces for other units provided, however,
that in no case shall the total number of spaces so located together
be less than the same of the separate requirements for each unit and
shall be located no farther than one hundred (100) feet from each
dwelling unit entrance.
(ii)
Single-Family Attached Dwelling Units. For each dwelling unit,
one (1) enclosed space, plus one-half (1/2) uncovered space for each
bedroom more than one (1) in each unit. In cases where a one-half
(1/2) space occurs in a total figure, the standard shall be increased
to the next whole figure.
(iii)
Guest Parking. In addition to the standards set forth [above],
a minimum of one (1) guest space shall be provided for every ten (10)
dwelling units, or a fraction thereof.
(iv)
Uncovered Parking Spaces. Uncovered parking spaces may include
areas such as driveways outside garages, except that each required
space shall be accessible at all times.
(v)
Enclosed Off-Street Parking. Enclosed off-street parking shall be
provided for the parking and/or storage of boats, detached camper
trailer tops, motorhomes, campers and other trailers. The use of any
required enclosed or uncovered off-street vehicle parking, shall be
for automobiles and golf carts only.
(n)
Open Space.
(1)
Minimum Standards for Open Space. In order to retain the integrity
of the natural character of the hillsides, the following minimum standards
are to be observed:
(i)
Conservation Easements Required. Conservation easements shall be
required for all areas located outside building envelopes; central
water facilities, or stormwater management facilities; utility easements,
corridors, or facilities; parking areas, driveways or street right-of-way
widths (public or private)
(ii)
Required Conservation Easement Referenced on Subdivision or
Parcel Maps. All subdivision or parcel map plats shall contain a reference
to any required conservation easement.
(iii)
Massing and Linkage. Whenever possible, open space and conservation
easements areas shall be designed with massing and linkage as guiding
principles. Open space and conservation areas should be contiguous
both on site and off tract.
(iv)
Contiguous Linkage. Whenever possible, an open space and conservation
easements shall be designed to provide contiguous linkages throughout
the parcel under development, and between adjacent parcels where trail
systems, vistas, or view corridors are designated.
(2)
Ownership and Maintenance of Open Space and Conservation Easements.
(i)
Dedication. Where possible, open space and conservation easements
areas may be offered, through dedication, to a not-for-profit land
trust, conservancy, or similar organization whose charter allows for
the ownership of such lands with the intent to preserve the natural
open space of the hillside area in perpetuity.
(ii)
Maintenance in Perpetuity. If, however, the public agency, land
trust, conservancy, or similar organization does not accept such an
offer (or if such an offer is not made), the developer shall make
provisions for the ownership and care of the open space in such a
manner that there can be necessary protection and maintenance thereof.
Such area shall be provided with appropriate access and shall be designated
as separate parcels which may be maintained through special fees charged
to the residents of the subject development or through an appropriate
homeowner's association or maintenance district. Where necessary
and appropriate, maintenance in perpetuity shall be guaranteed through
the bond of the developer.
(o)
Driveways and Other Parking.
(1)
Designs. Whenever possible, combinations of collective driveways,
cluster parking areas, and parallel parking bays shall be used to
attempt to optimize the objectives of minimum soil disturbance, minimum
impervious cover, excellence of design, and aesthetic sensitivity.
(i)
Collective Private Driveways. Collective private driveways shall
be encouraged where their use will result in better building sites
and lesser amounts of land coverage than would result if a public
road were required.
(ii)
Cluster Parking Areas or Off-Street Parking Bays. Cluster parking
areas or off-street parking bays shall be encouraged where considerations
of terrain or aesthetic quality would reduce the desirability of collective
driveways.
(2)
Driveways Serving a Single Residential Structure. All driveways to
serve a single residential structure shall be a minimum of twelve
(12) feet wide and shall be constructed of concrete surfacing of approved
thickness or as established and approved by the City Engineer for
the safety, health, and welfare of the persons who shall use the driveway.
(3)
Entrance to Driveway. Driveways shall enter public/private streets
maintaining adequate line-of-sight.
(4)
Number of Driveways. The number of driveways accessing off-site public
streets shall be kept to a minimum. Minimum spacing of access points
to off-site roads: two hundred (200) feet minimum.
(5)
Common Driveways. In hillside areas, the use of common driveways
shall be encouraged wherever feasible.
(i)
Where lots will access an off-site public street, common driveways
shall be used where appropriate to minimize the number of curb cuts
required.
(ii)
The maximum number of units served by a common driveway shall
be four (4).
(iii)
Minimum common driveway width: twelve (12) feet with two (2)
foot graded and stoned shoulders.
(iv)
Maximum length of common driveway: One thousand (1,000) feet
(v)
All lots using common driveway shall provide a driveway maintenance
agreement to be reviewed and approved by the City Attorney.
(6)
Turnouts. All driveways in excess of five hundred (500) feet shall
provide a ten (10) foot by thirty (30) foot turnout. The exact location
of the turnout shall be determined by the Fire Department with the
review of the Planning Commission.
(7)
Driveway Grades.
(i)
Driveway Design Considerations. In hillside areas, proper driveway
design considerations shall be employed appropriate for site conditions.
Such design considerations as vertical curves, parking landings, reduced
grades, coarse paving material, or grooves for traction may be necessary.
(ii)
Driveway Grades. Driveway grades above ten (10) percent shall
be permitted up to a maximum of fifteen (15) percent, provided they
are aligned with the natural contours of the land, if determined necessary
to achieve site design, and if all safety considerations have been
met to the satisfaction of the City Engineer and Fire Marshal.
(iii)
Parking Landings. Parking landings shall be utilized on all
drives over ten (10) percent grade.
(p)
Roadways. In order to minimize the amount of site disruption caused
by roadways and the associated grading required for their construction,
the following provisions, where possible, are to be considered:
(1)
Conformity to Natural Topography. Road alignments, driveways, collective
driveways, and parking areas shall conform as closely as possible
to natural topography to minimize the extent of cuts and fills.
(i)
Street alignments where possible shall be parallel to contours in
valleys or on ridges. Where a location between a valley and ridge
is unavoidable, directional pavements shall be split, with the principal
of grading being half cut and half fill versus all fill or all cut.
(2)
Road Design. Roads should be designed to create the minimum feasible
amount of land coverage and the minimum feasible disturbance to the
soil;
(i)
Reduced road sections, split sections, or other design alternatives
shall be considered in the lay-out of hillside streets to reduce grading.
(ii)
Where appropriate, variations in road design, construction,
or rights-of-way standards shall be considered to keep grading and
cut slopes to a minimum.
(iii)
Roads shall not greatly alter the physical and visual character
of a hillside by creating large notches in ridgelines or by defining
wide straight alignments.
(iv)
Where public or private road construction is permitted in hillside
areas, the extent of vegetation and visual disruption shall be minimized.
(A)
Whenever possible, existing vegetation shall be retained as
medians or as buffers within the unimproved right-of-way.
(B)
Where roadway improvements will inadvertently disturb the natural
terrain, the combined use of retaining structures, re-vegetation and
regarding to approximate the natural slope shall be used to restore
the affected site.
(v)
In no case will unnecessary cuts or fills be allowed in order to
create [or gain access to] additional lots or building sites.
(3)
Roadway Width Requirements.
(i)
Within hillside areas, roadways shall not exceed two (2) lanes with
a traveled way which shall not exceed thirty-two (32) feet in width,
exclusive of on-street parking, parallel parking bays, sidewalks,
or bikeways.
(ii)
In order to reflect a rural, rather than a urban character,
a minimum local street standard of twenty-four (24) feet without sidewalks
shall be utilized in hillside areas whenever possible.
(iii)
One-way streets shall be permitted and encouraged where appropriate
for the terrain and where public safety would not be jeopardized.
The traveled way shall not exceed sixteen (16) feet in width, exclusive
of on-street parking, parallel parking bays, sidewalks, or bikeways.
(iv)
The width of any roadway graded section shall extend three (3)
feet beyond the curb back or edge of pavement on both the cut and
fill sides of the roadway. If a sidewalk or bikeway is to be installed
parallel to the roadway, the graded section shall be increased by
the width of the sidewalk or bikeway plus one (1) foot beyond the
curb back.
(v)
All cut and fill slopes shall be within the roadway right-of-way
or roadway easement. If necessary, slope maintenance easements for
roadway cuts and fills may be required by the City Engineer.
(4)
Roadway Design Alternatives. To minimize the amount of site disruption
caused by roadways and the associated grading required for their construction,
the following design alternatives upon approval, may be considered:
(i)
Horizontal alignments may provide curves with less than one hundred
fifty (150) feet centerline radius.
(ii)
Various designs for turning and backing types of cul-de-sacs
may be substituted for circular turnarounds.
(iii)
Required paving width of the traffic lanes may be modified when
roadway turnouts are provided, developed, and paved in the public
right-of-way.
(iv)
Centerline of the paving may be offset from the centerline of
the right-of-way to provide parking bays in the right-of-way.
(5)
Curbing For stormwater management purposes, standard vertical curb
(six (6) inches) and gutter shall be installed along both sides of
the roadway.
(6)
Access Points on Off-Site Public Roads. The minimum distance between
access points on off-site public roads is two hundred (200) feet.
Access points shall include individual and common driveways and on-site
public roadways.
(7)
Intersections. Whenever possible, streets shall intersect at as near
to a right angle as possible. Intersecting streets shall be no more
than fifteen (15) degrees skew. Streets shall intersect each other
on outside rather than inside horizontal curves.
(8)
Emergency Parking and Turnarounds. Within hillside areas, the intermittent
widening of streets for emergency parking and turnarounds at convenient
places shall be encouraged.
(9)
Unpaved Access Roads. In no case shall unpaved access roads be permitted
within any designated hillside area.
(q)
Street Grades. Within a project, street and private access way grades
shall conform as closely as possible to natural topography.
(1)
Collector and Arterial Streets. Hillside collector and arterial street
grades shall not exceed eight (8) percent.
(r)
Architectural Guidelines. Because of the unique and peculiar problems
inherent in the development of hillside areas, special consideration
in the design of such architectural elements as a buildings style,
form, size, color, material, and roofline must be considered.
To ensure that development within hillside areas is suited to
the natural hillside surroundings and that it enhances rather than
detracts from or ignores the natural topography and amenities of the
hillsides, the following provisions are to be observed:
(1)
Visual Bulk. The main bulk and overall massing of a structure shall
be minimized through consideration of the following:
(i)
Detach parts of a dwelling such as a garage or guest house.
(ii)
Low profile buildings shall be used, where feasible.
(iii)
Where feasible, the use of variable setbacks, building heights,
and multiple building orientations shall be incorporated into a project
design.
(iv)
Large roof overhangs, cantilevers, patios, or decks on downhill
elevations shall be avoided in order to reduce the massive appearance
from below.
(v)
The use of split pad or stepped slab foundations shall be encouraged.
Due to the effective bulk when seen from afar the use of pole or stronger
foundations shall be strongly discouraged.
(vi)
Unless design considerations prohibit otherwise, all buildings
and structures shall be terraced to follow the slope.
(vii)
The width of a building, measured in the direction of the slope,
shall be minimized in order to limit the amount of cutting and filling
and to better "fit" the structure to the natural terrain.
Building protrusions which are perpendicular to the contours should
be stepped or inset in to the hillside.
(viii)
Earth immediately around the building should strike the walls
at approximately the angle the natural terrain slopes.
(ix)
Where possible, graded areas shall be designed with manufactured
slopes located on the uphill side of structures, thereby, hiding the
slope behind the structure.
(x)
If feasible, underground or below grade rooms shall be considered
to reduce the effective bulk of a structure and to provide energy
efficient and environmentally desirable spaces.
(xi)
Exterior structural supports and undersides of floors and decks
not enclosed by walls will be approved only if it is proven that no
alternative type of construction is feasible and that fire safety
and aesthetic considerations have been adequately addressed.
(xii)
As a means of effectively breaking-up building mass the incorporation
of decks, patios, and balconies shall be encouraged.
(xiii)
In steeper slopes, the roofs on lower levels of a building should
be used for the deck open spaces of upper levels. This technique,
can not only provide needed recreational open space in steeper slopes
but permits for the integration of multi-roof and wall planes as a
means of breaking up large wall and roof masses, and thus adding human
scale to structures.
(2)
Exterior Finishes. Within hillside areas, exterior finishes of all
dwelling units and structures shall blend in with natural hillside
surroundings [background].
(i)
In selecting exterior finishes reflective materials or finishes shall
be avoided. Earth tone colors shall be utilized as much as possible.
(ii)
Contrasting color accents shall be kept to a minimum, particularly
on the down hill view side.
(iii)
Contrasting colors should only be used at accent elements, such
as doors, window frames, or other such architectural details.
(iv)
Use of natural materials, such as rock in walls, fences, or
as a finishing treatment is encouraged.
(v)
Large expanses of a single material on walls, roofs, or paving areas
shall be avoided.
(vi)
All paint products, awing fabric or other color elements should
be durable and fade resistant.
(vii)
Within hillside areas architectural treatment shall be provided
to all sides of a structure. Elements of the architectural treatment
used on the front facade shall be repeated on all sides of a structure
with additional emphasis on those elevations visible from adjacent
properties or public rights-of-way.
(3)
Facade and Roof Articulation. As a means of softening and blending
structures in with the natural hillside surroundings, facade and roof
articulation shall be utilized.
(i)
The articulation of facades may be used by the integration of varied
texture, relief, and design accents on building walls.
(ii)
In all cases, long uninterrupted exterior walls shall be avoided
on all structures.
(iii)
Wall planes shall not run in one (1) continuous direction for
more than fifty (50) feet without an offset.
(iv)
Where possible, both vertical and horizontal roof articulation
shall be utilized.
(v)
Where feasible, the roofline at the top of a structure shall not
run in continuous plane for more than fifty (50) feet without offsetting
or jogging the roof plane.
(vi)
Roof articulation may be achieved by changes in plane of no
less than two (2) feet six (6) inches.
(vii)
Nearly vertical roofs (A-frame type roofs), roofs covered with
reflective materials (copper roofs, etc.), illuminated roofing, or
piecemeal mansard roofs (used on a portion of the building perimeter
only) shall be strongly discouraged.
(viii)
Wood, asphalt, or fiberglass roof shingles shall not be permitted.
(ix)
To ensure that roofs do not dominate the hillside environment,
the roof slope shall be oriented in the same direction as the natural
slope. The use of gable ends on downhill elevations should be avoided.
(4)
Projections. Structural appendages and projections such as, but not
limited to, eaves, cornices, overhangs, canopies, architectural buttresses,
wing walls, fireplaces, and the like, which do not provide additional
floor space, may project out of the building envelope not more than
thirty (30) inches.
(i)
Chimneys, masts, air conditioner vents (disguised as chimneys, etc.),
antennas, and the like, may not project more than thirty (30) inches
above the maximum building height allowable in a hillside area.
(ii)
If higher projections are required by Table 37-B of the Uniform
Building Code, than those minimum heights as specified shall be the
maximum allowable height projection.
(5)
Equipment Screening. In hillside areas, all mechanical equipment
including, but not limited to, heating, venting, cooling, solar, pool
equipment and antenna, whether on the roof, side of structure, or
ground, must not be visible from outside the property. The method
of screening must be architecturally compatible to the principal building
in terms of materials, color, shape, and size. The screening design
or method shall blend with the principal building design.
(6)
Vents and Other Roof Protrusions. Roof flashing, roof sheet metal
work, vents, and other roof protrusions shall be finished to match
the adjacent materials and/or colors.
Roof vent pipes shall be ganged camouflaged (screened), whenever
possible.
(7)
Mailboxes. The architectural character shall be similar in form,
materials, and colors to the surrounding buildings. Mailbox locations
must be approved by the U.S. Postal Service.
Unless otherwise approved, the overall height of the structure
[including the box] shall not exceed forty-eight (48) inches and eighteen
(18) inches in depth.
(8)
Detached Accessory Structures. Detached garages, and accessory structures
shall be designed as an integral part of the principal structure and
shall be similar in materials, color, and detail. Prefabricated metal
(aluminum) carports shall not be used.
(9)
Ancillary Structures. The design of ancillary structures (cabanas,
storage sheds, gazebos, etc) shall be architecturally compatible with
the main structure through the use of: similar building materials
and colors; similar wall, roof, or trellis design; or by fence or
wall.
(10)
Solar Panels. Solar panels shall be integrated into the roof design,
flush with the roof slope. Frames shall be colored to match roof colors.
Natural aluminum finish shall not be permitted.
Whenever feasible, ancillary solar equipment [pumps, piping,
storage tanks, electrical conduit, etc] shall be screened so as to
preclude viewing of equipment from adjacent residences, public ways,
and golf courses (public or private)
(11)
Skylights. Skylights shall be integrated into the roof design and
should not be obtrusive. The use of stark white or other highly reflective
glass or other transparent, translucent or opaque glazing materials
shall be avoided. Frames shall be colored to match roof colors.
(12)
Antennas. Whenever possible, all antennas shall be placed in attics
or building interiors. It is recommended that all new structures be
pre-wired to accommodate cable reception.
(i)
Satellite dish antennas are specifically prohibited on roofs
and should be considered early in the design process in terms of location
and any required screening.
(ii)
Roof mounted antennas may be considered if equipment wells are
designed as a integral part of the structure. In such cases, antennas
shall be located below the adjacent vertical element of the building
(roofline) or the maximum permitted building height, which ever is
the more restrictive.
(s)
Signage. Resident identification signs shall be permitted at entrances
to driveways. Permitted signs will be limited to a maximum height
of four (4) feet. Each individual name sign shall not be more than
two (2) square feet in area.
(t)
Utilities. All new service utilities such as power, telephone, and
cable transmission lines, both on-site and off-site, shall be placed
underground.
(u)
Central Water Facilities. Where water tanks, towers, pumping stations
or other central water facilities are used, their visual impact shall
be minimized to the maximum extent possible.
(1)
Whenever feasible, water facilities shall receive a naturalizing
treatment such as native rock, colored concrete, or stone veneer so
that the facilities appears as an integral part of the hillside environment.
(2)
Where water facilities are required, they shall be designed in as
small an area as possible.
(3)
In order to minimize the visual impact of water facilities the following
concepts, where feasible, are to be considered:
(i)
Unnecessary grading, paving, and site disturbance shall be minimized.
(ii)
Contour grading with natural land form planting to soften hard
edges left by cut and fill operations shall be utilized to the maximum
extent possible.
(iii)
Appropriate plant materials shall be used, where feasible, to
screen water facilities or other related structures.
(iv)
Water facilities or structures shall not be placed on top of
ridge lines or hilltops.
(v)
Concrete Structures. Within hillside areas, visible concrete structures,
such as curbing, driveways, culverts, walls, drainage channels, and
outlet structures shall not be constructed and left in the standardized
stark light grayish color. To minimize the visual impact of these
structures, the use of dyed, colored, or textured concrete as will
as other natural materials is required.
(w)
Lighting. Within hillside areas, all exterior lighting
shall be low scale and low intensity.
(1)
The use of low or high pressure sodium light fixtures shall be prohibited.
(2)
Street lighting shall be provided only where site-specific safety
conditions warrant. Where street lighting is required, its location
and intensity shall be subject to the Planning Commission's
review.
(3)
Exterior lighting shall be located and shielded so as to direct light
away from adjoining lots, buildings, and streets (public or private)
(4)
All exterior lighting shall be hooded or screened as to direct light
downward and should not impact adjacent property owners in terms of
glare and privacy.
(5)
The illumination of hillside slopes with area wide lighting [search,
spot, or flood] lighting fixtures shall be subject to Planning Commission's
review.
For any exterior lighting a recommendation from a qualified
biologist as to the possible effects of proposed lighting levels on
wildlife movement and mountainous habitat area within hillside areas
shall be subject to Planning Commission's review. This report
shall contain recommendations as to the other possible lighting alternatives
[if any], fixture placement, wattage, and hours of operation.
(6)
Any architectural, landscape, or accent lighting [lighting used for
decorative effects] shall be turned off between 11:00 p.m. and sunrise
in order to protect Palomar Observatory from light pollution. Common
recreational areas [club house, common pool areas, etc.) may be lighted
while those facilities are actually in use. This requirement shall
exclude outdoor lighting used for illuminating walkways, or other
outdoor security lighting as permitted.
(x)
Fencing. Unregulated fencing can produce a significant intrusion
onto the hillside's visual character. To assure that any permitted
fencing occurs in a manner which protects the hillside's natural
and topographic character, the following provisions are to be observed:
(1)
All fences and walls shall be compatible with the natural surroundings
of the area and shall not dominate a view.
(i)
Building materials and color schemes of all fences and walls shall
be consistent with the desert environment.
(ii)
Where possible, walls shall incorporate varying design and natural
materials.
(iii)
Contour grading and landscape techniques shall be incorporated
in the design and construction of any fence or wall to mitigate its
visual impact.
(iv)
Unless otherwise required, authorized fencing shall be kept
as low as possible and blend in with the surrounding natural terrain.
(v)
The use of open view (wrought iron or similar materials) shall be
encouraged, so long as adequate residential privacy is maintained.
(2)
In no case will perimeter fencing of a parcel or lot be permitted.
(3)
Hazardous or sensitive land areas located outside building envelopes
shall not be fenced.
(4)
Fencing may be constructed on the perimeter of or within the building
envelope area of a lot. However, to prevent significant intrusion
onto the hillside's visual character, fencing shall be limited
whenever possible to those areas immediately adjacent to a structure
to provide private outdoor areas.
(y)
Retaining Walls. To minimize the visual impact and site disruption
caused by the construction and use of retaining structures, the following
minimum standards are to be observed:
(1)
Within a Building Envelope.
(i)
Building Site. For the establishment or soil stabilization of a building
site:
(A)
Upslope. One (1) wall per lot not exceeding five (5) feet in
height. Otherwise, terraced retaining structures shall be utilized.
(B)
Downslope. One (1) wall per lot not exceeding four (4) feet
in height. Where an additional retaining portion is necessary due
to unusual or extreme conditions then the use of terraced retaining
structures shall be utilized.
(C)
Other Conditions. On lots sloping with the street, and other
configurations not discussed above, one (1) retaining wall, not to
exceed three and one-half (3 1/2) feet in height may be used where
necessary.
(ii)
Driveway. For establishment or soil stabilization of a driveway
the following provisions are to be observed:
(A)
Within hillside areas, no more than two (2) retaining walls
shall be permitted to establish or for soil stabilization adjacent
to a driveway.
(B)
Within permitted building envelopes retaining walls, not to
exceed four (4) feet in height nor one hundred (100) feet in length,
shall be permitted adjacent to a driveway.
(C)
Outside of permitted building envelopes retaining walls, not
exceed three (3) feet in height nor one hundred (100) feet in length,
shall be permitted adjacent to a driveway.
(2)
Within Street Rights-of-Way. Where retaining walls are proven to
be absolutely necessary adjacent to roadways or within street rights-of-way,
they shall be limited to three (3) feet in height in order to avoid
obstruction of motorist's and pedestrian's field of view.
Otherwise, terraced or stepped structures shall be utilized.
(3)
Terraced or Stepped Retaining Structures. The use of terraced retaining
structures shall be considered on an individual case by case basis.
Terracing is not to be used as a typical solution within a development
or project. Where more than one (1) retaining wall is proven to be
absolutely necessary, terraced or stepped structures shall be utilized,
which are separated by a minimum of three (3) feet with appropriate
landscaping.
(4)
Design of Walls. Whenever possible, vertical retaining walls should
be kept as low as possible and blend with the surrounding natural
terrain.
(i)
In no case shall individual vertical retaining walls exceed three
(3) feet in height.
(ii)
Mitigation measures shall be required for any retaining wall,
terraced, or stepped retaining structure visible from any downhill
elevation, public/private roadway or open space.
(iii)
Where necessary techniques such as contour grading, landscape
buffering, or facing the retaining structures with aesthetically pleasing
materials such as native rock, colored concrete, textured concrete,
or other suitable materials shall be used.
(z)
Landscaping. Hillside development, no matter how minor, often results
in the loss of native vegetative cover. Often this loss is a direct
result of the construction process itself. Further losses of some
native species often results do to the introduction of invasive non-native
plant species as a result of the landscaping efforts of homeowners.
In company with this, the use of exotic and non-native ornamental
plants which do not reflect the texture, color, or scale of the natural
landscape often results in a substantial loss of the visual character
and setting of the hillside habitat.
In order to assure that the natural conditions and beauty associated
with the hillside habitat is maintained, the following provisions
are to be observed:
(1)
Introduced and Ornamental Plant Materials. The use of ornamental
plants in designated open space areas, open space easements, or conservation
easements is strictly prohibited. Unless otherwise permitted, the
use of ornamental plants within a hillside area on the exterior of
any building or structure is strictly prohibited.
The use of non-native [ornamental plant] materials shall be
limited to specific designated areas within a permitted building envelope
only.
(i)
Ornamental plant materials shall be limited to those areas such as
small walled-in yards, including walled or partially enclosed patios
and court yards; entry areas, corridors, breezeways; atriums, or other
partial enclosures (by roof or wall) attached to the principal building;
or similar features to those listed above. Movable planting boxes,
pots, and similar features are excluded from these requirements.
(ii)
In no case will non-native invasive plant species be used in
any landscape plant palette. Controlled invasive species shall include
the following:
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Acacias (Acacia Spp.)
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Tree of Heaven (Ailanthus altissima)
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Giant reed (Arundo donax)
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Hottentot-fig (Carpobrotus edulis)
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Garland chrysanthemum (chrysanthemum coronarium)
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Pampas grass (Cortaderia atacamensis)
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French broom (Cytisus monspessulans)
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Scotch broom (Cytisus scoparius)
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Crystal ice plant (Mesembryanthemum crystallinum)
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Small-flowered ice plant (Mesembryanthemum nodiflorum)
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Bermuda buttercup (Oxalis pes-caprae)
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German ivy (Senecio mikanoides)
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Pink periwinkle (Vinca major)
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Tamarisk (Tamarix spp.)
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Gorse (Ulex europaeus)
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(2)
Ornamental Landscape Design. Within hillside areas, the design of
ornamental landscapes shall:
(i)
Preserve the appearance of the natural skyline and contours of the
natural slope;
(ii)
Shall be capable of blending in with the natural landscape,
and help to soften the effects of buildings, walls, pavement, and
grading;
(iii)
Include plant material comprised of a blend of native and ornamental
vegetation. Non-native plant material must be compatible with the
natural setting and require minimal watering;
(iv)
Limit the amount of turf area in any landscape design. The creation
of lawn areas shall be limited to five-hundred (500) square feet.
(3)
Removal of Native Vegetation. Removal of native vegetation shall
be avoided wherever possible, and the amount of plant material removed
shall be limited to the minimum required for construction. Where necessary,
selective thinning of native vegetation may be allowed (required)
to reduce fire hazards.
(i)
Prior to the undertaking of any ground disturbance existing vegetation
shall be evaluated by qualified personnel experienced and knowledgeable
in the practice of devegetation and re-vegetation.
(ii)
To the maximum extent possible, existing native vegetation,
shall be retained for re-establishment upon the completion of construction
activities.
(iii)
Whenever possible, existing mature trees shall be incorporated
into the project to the maximum extent feasible.
(iv)
Every effort shall be made to conserve topsoil which is removed
during construction for later use on areas requiring re-vegetation
or landscaping, e.g., cut and fill slopes.
(v)
If any existing vegetation is not suitable for retention and is removed,
re-establishment of a compatible plant material shall be required
at a ratio of at least 1:1.
(vi)
Upon completion of any construction disturbed areas beyond any
completed roadway, driveway, building or structure foot print, shall
be reestablished (revegetated) with native plants and re-grade slopes
so that the presence of hillside vegetation and forms are maintained.
(vii)
The re-establishment plant palette shall be designed to include
the existing mix, distribution and densities of the plants on site.
(viii)
The landscape palette shall be limited to only those plant species
native to this area of the Coachella Valley.
(4)
The developer shall be fully responsible for any destruction of native
vegetation proposed for retention. He shall carry the responsibility
both for his own employees and for all subcontractors from the first
day of construction until the notice of completion is filed. The developer
shall be responsible for replacing such destroyed vegetation.
(aa)
Grading. All general grading guidelines and standards adopted by the City shall apply to hillside development unless modified by this Chapter. Title 18, Excavations and Land Fills, of the Indian Wells Municipal Code should be reviewed for applicable provisions.
All persons performing any grading and excavation operation
shall put into effect all necessary safety precautions to minimize
erosion, protect any natural drainageways, and other natural features,
protect the health and welfare of all persons, and protect private
and public property from damage of any kind.
Within hillside areas, all man-made slopes shall be adapted
to conform to the surrounding terrain and shall be given proper aesthetic
treatment.
(1)
Hillside Grading. In order to maintain the natural character, environmental
and aesthetic values associated with the City's distinctive
hillsides, all grading and clearing operations, shall be designed
wherever possible, to follow the following provisions:
(i)
Whenever possible, grading operations shall conserve natural
topographic features and appearances by means of land sculpturing
[contour grading or landforming] to blend graded slopes and benches
with natural hillside topography.
(ii)
"Landform" grading shall be applied where it offers
maximum visual and environmental benefits.
(A)
"Landforming" shall be applied to all slopes: adjacent
to public or private streets; highly visible and permanently exposed
slopes; along parks, golf courses, or other open space areas; or areas
visible from down slope views, as well as to all slopes greater than
one hundred (100) feet in length or eight (8) feet in height.
(B)
Landforming shall be accomplished by the use of variable slope
ratios, undulating of tops and toes, screening of terraces and downdrains,
varying of surface features, and by landscaping.
(iii)
In hillside areas, all excess excavated material shall be removed
or otherwise placed to become an integral part of the site development.
(iv)
The maximum horizontal distance of disturbed soil surface shall
not exceed seventy-five (75) feet.
(v)
Grading shall be phased so that prompt re-vegetation or construction
will control erosion.
(vi)
Where possible, only those areas which will be built on, resurfaced,
or landscaped shall be disturbed.
(vii)
Top soil shall be stockpiled during rough grading and used on
cut and fill slopes.
(viii)
No excavation or other earth disturbance shall be permitted
on any hillside area prior to the issuance of a grading permit, with
the exception of drill holes and exploratory trenches for the collection
of geologic and soil data. These trenches are to be properly backfilled
and in addition, erosion treatment provided where slopes exceed fifteen
(15) percent.
(ix)
Slopes within City-maintained landscape easements shall not
exceed a maximum grade of 3:1 or thirty-three and one-third (33 1/3)
percent.
(2)
Excavations. Cut slopes shall not exceed a vertical height of twenty
(20) feet unless approved by the Planning Commission. Cut slopes shall
be no steeper than two (2) horizontal to one (1) vertical; subsurface
drainage shall be provided as necessary for stability.
(3)
Fills.
(i)
No finished fill slope shall exceed a vertical height of twenty
(20) feet unless approved by the Planning Commission.
(ii)
Fill slopes shall be no steeper than two (2) horizontal to one
(1) vertical; fill slopes shall not be located on natural slopes steeper
than 2:1 or where fill slope toes out within twelve (12) feet horizontally
of the top of an existing or planned cut slope.
(iii)
Fill shall not exceed a depth of five (5) feet at any point
except where the Planning Commission determines that unusual topography,
soil conditions, previous grading, or other unusual circumstances,
indicate that such grading would be reasonable and necessary.
(4)
Man-Made Slope Landscaping. On graded slopes, landscaping shall be
utilized as to minimize the "engineered" look of new slopes.
New slopes shall reflect and reinforce the overall visual character
of the site, and be consistent with the characteristics of surrounding
hillsides:
(i)
Plant material height in manmade slopes shall follow contour
intervals of slope as much as possible.
(5)
Building Pad Grading.
(i)
Buildings must be designed to conform with the building site
and mountain topography rather than altering the site to conform to
the building.
(ii)
Natural hillside features shall be protected to the greatest
extent feasible in the sitting of individual lots, building pads,
or roadways. These features shall be shown on the grading plan with
appropriate protection and/or relocation notes. Natural features,
shall include, but are not limited to the following:
(A)
Ridgelines, ridgecrests, skyline profiles, hilltops, arroyos,
ravines, canyons, steep slope areas (over twenty (20) percent slope),
natural drainage courses;
(B)
Prominent stands of native plant materials, trees with four
inch or larger trunk diameters;
(C)
Rock outcroppings, view corridors, and scenic vistas;
(D)
Areas subject to rock fall, landslides, or other such hazards;
(E)
Rare or endangered species habitats and migratory routes of
wildlife; and,
(F)
Areas of high archaeological or paleontological sensitivity.
(6)
Cut and Fill Setback Requirements. To encourage maintenance of slopes
for erosion control and aesthetics, top and toes of cut and fill slopes
shall be set back:
(i)
From property boundaries a distance of three (3) feet plus one-fifth
(1/5) of the height of the cut and fill, but not exceed a horizontal
distance of ten (10) feet;
(ii)
Cut and fill slopes shall not be divided horizontally by property
lines. Cut and fill slopes occurring on a side or rear lot line shall
be made a part of the downhill lot.
(7)
Lot Padding. Lot padding, when permitted, shall be limited to the
boundaries of the structure's foundation and a usable rear yard
area of fifteen (15) feet and a side and front (access way) of seven
(7) feet minimum adjacent to and between the structure and top or
toe of slope. If it is physically unfeasible to design a reasonable
usable yard area due to conflict with other grading standards, then
other forms of usable open space should be considered such as: decks,
patios, balconies, or other similar forms of built structures designed
to fit the natural topography.
(8)
Erosion Control. In order to limit the impact of grading activities
on adjacent developed or undeveloped properties, the following provisions
are to observed:
(i)
All graded areas shall be protected from wind and water erosion
through acceptable slope stabilization methods such as vegetation
establishment, wind fencing, chemical or water suppression, soil binders,
or other adequate anti-erosion devices such as temporary debris basins,
desilting basins, or netting.
(ii)
Whenever possible, construction shall be scheduled to minimize
soil disturbance between the period of November 1 and April 15 during
which heavy rainfall may occur.
(iii)
During this period no grading work in excess or two hundred
fifty (250) cubic yards shall be authorized to start in any single
grading site under a permit where the City Engineer determines that
such work could endanger the public health or safety.
(iv)
In no event shall the existing "natural" vegetation
ground cover be destroyed, removed, or disturbed more than fifteen
(15) days prior to grading or construction of the required site improvements.
(v)
Within hillside areas, grading permits shall only be issued
when a plan for erosion control and slit retention has been approved
by the City Engineer and Building Official, without regard to time
of year.
(vi)
Whenever possible, only those areas which will be build upon,
resurfaced, or landscaped shall be disturbed.
(vii)
Whenever feasible, vegetation sufficient to stabilize the soil
shall be established on all disturbed areas as each stage of grading
is completed.
(9)
Objects of Antiquity. Within any hillside area, no grading, filling,
clearing of vegetation, operation of equipment, or disturbance of
the soil shall take place where any historic or prehistoric ruins
or monuments, objects of antiquity, or geological landmarks or monuments
are present.
Whenever during excavation there are uncovered or become apparent
any historic or prehistoric ruins or monuments, or objects of antiquity,
or geological landmarks or monuments not previously accounted for
in the grading plan all work in the immediate area shall cease until
the Director of Community Development can determine what precautions
should be taken to preserve the historic artifacts.
(bb)
Drainage.
(1)
Minimum Drainage Standards. In order to retain the integrity of the
natural character of the hillsides, the following minimum standards
are to be observed:
(i)
Whenever possible, natural drainage courses shall be protected
from grading activity.
(ii)
Alterations of major drainage ways shall be prohibited except
for approved road crossings and drainage structures.
(iii)
In instances where crossing is required, a natural crossing
and bank protection shall be preferred over steel and concrete systems.
(iv)
Whenever possible, natural drainage features shall be incorporated
as an integral part of a project design in order to enhance the overall
quality and aesthetics of a site.
(v)
Where appropriate, natural drainage features shall be incorporated
into a project's open space network. Natural drainage courses
should be used to provide contiguous linkages throughout the development
parcel, and between adjacent parcels or along with major public trail
systems or vista corridors.
(vi)
Whenever possible, the design and location of drainage structures
shall be such that their placement is not conspicuous or obtrusive.
(vii)
Visible drainage channels, brow ditches, swales and similar
structures shall receive a naturalizing treatment including native
rock, colored concrete, and landscaping so that the structure appears
as an integral part of the environment.
(2)
Site Drainage.
(i)
Whenever possible, water runoff shall be returned to its natural
course before leaving the property.
(A)
All building pads with cut and fill shall be constructed to
carry surface waters to the nearest practical street, stormdrain,
or natural watercourse approved by the City Engineer as a safe place
to deposit such waters.
(B)
Where recommended by the Soils Engineer, eaves or ground gutters
shall be provided to receive all roof water and deliver it through
a non-erosive device to a street, or watercourse.
(C)
Natural drainageways shall be riprapped or otherwise stabilized
below drainage and culvert discharge for a distance sufficient to
convey the discharge without channel erosion.
(ii)
Debris basins and energy dissipating devices shall be provided,
where necessary, to reduce erosion when grading is undertaken in the
hillside areas.
(iii)
Curb, gutter, and pavement design shall be such that water on
roadways is prevented from flowing off the roadway in an uncontrolled
fashion.
(iv)
Within hillside areas the use of cross lot drainage shall be
minimized. In situations where this is not possible using conventional
design, optional techniques including, but not limited to, single
loaded streets and reduced densities shall be considered.
Extensive use of cross lot drainage shall be subject to Planning
Commission review and may be considered only after demonstration that
this method will not adversely affect the proposed lots or adjacent
properties, and that it is absolutely required in order to minimize
the amount of grading which would result with conventional drainage
practices. Where cross lot drainage is utilized, the following shall
apply:
(A)
Project Interiors. One lot may drain across one other lot if
an easement is provided within either an improved, open V-swale gutter
which has a naturalized appearance, or within a closed drainage pipe
which shall be a minimum twelve (12) inches in diameter. This drainage
shall be conveyed to either a public street or to a drainage easement.
If drainage is conveyed to a private easement, it shall be maintained
by a homeowners' association; otherwise, the drainage shall
be conveyed to a public easement such as a public alley, paseo, or
trail. The easement width shall be determined on an individual basis
and shall be dependent on appropriate hydrologic studies and access
requirements.
(B)
Project Boundaries. On-site drainage shall be conveyed in an
improved open V-swale gutter, which has a naturalized appearance,
or within an underground pipe in either a private drainage easement,
which is to be maintained by a homeowners' association, or it
shall be conveyed in a public easement such as a public alley, paseo,
or trail. The easement width shall be determined on an individual
basis and shall be dependent on appropriate hydrologic studies and
access requirements.
(3)
Off-Site Drainage Facilities. All off-site drainage facilities conditioned
as part of project approval shall be installed prior to commencement
of on-site grading.
(cc)
Public Safety.
(1)
Building Site With Potential Hazards. Within any designated hillside
area, structures for human occupancy shall not be placed on those
lands identified as being subject to flooding, landslide, rockfall,
seismic or wildfire hazards.
Where special construction methods or techniques may reduce
the potential hazards of a building site, development may be permissible
upon the approval of the Community Development Director, City Engineer
and Fire Marshal. Any allowable development shall only be permitted
if it is consistent with the guidelines and standards set forth in
this document.
(2)
Unbuildable Lands. Within any designated hillside area, structures
or construction improvements shall not be placed on those lands indicated
as unbuildable:
(i)
Slopes in excess of twenty (20) percent slope are identified
as unbuildable.
(ii)
Property inaccessible for emergency vehicles necessary to serve
hillside areas are identified as unbuildable.
(iii)
Property inaccessible to adequate water supply and pressure
necessary to serve hillside areas are identified as unbuildable.
(3)
Fire Protection. As part of the project review process, the Fire
Department shall inspect the site to identify any unique conditions
that may require special fire prevention precautions.
The specifics for Fire Prevention Standards are contained in Chapter 16.32 of the Indian Wells Municipal Code which require, among other items:
(i)
Cul-de-sac streets to be no greater than five hundred (500)
feet in length without secondary access.
(ii)
Water flow duration, commonly called fire flow, is two (2) hours
for up to one thousand five hundred (1,500) gallons per minute, for
single-family detached residences.
(iii)
Fire hydrants must be within two hundred (200) feet of all portions
of a single-family detached residence.
(iv)
Street grades shall not be permitted which exceed fifteen (15)
percent slope.
(v)
All buildings shall be accessible by an all-weather roadway
extending to within one hundred fifty (150) feet of all portions of
the exterior walls of the first story.
(vi)
Dead-end roads in excess of one hundred fifty (150) feet shall
be provided with a minimum forty-five (45) foot radius turn-around.
(vii)
Whenever access into private property is controlled through
use of gates, barriers, guard houses or similar means, provision shall
be made to facilitate access by emergency vehicles.
(viii)
All new residences/dwellings are required to have illuminated
residential addresses.
(ix)
Shake shingle roofs are not permitted in the City of Indian
Wells.
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These guidelines are only a small representation of the existing
Fire Code Guidelines. It is important that contact be made with the
City Fire Department staff to adequately address fire prevention requirements.
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(Ord. 335 § 1 Exhibit A, 1994)
If ambiguity arises concerning interpretation of the provisions contained in any development guideline or design standard, the Director of Community Development shall review to determine compliance with the provision(s) in question, or may refer the matter to the Planning Commission for consideration. Such interpretation may be appealed by the applicant [aggrieved party] or any member of the City Council in accordance with the procedures set forth in Section 21.06.110, Appeals, of the Indian Wells Municipal Code.
(Ord. 335 § 1 Exhibit A, 1994)
Where conflicts in regulations occur, the regulations, development
guidelines, or design standards set forth in this Chapter or in a
approved Conditional Use Permit or Specific Plan approved pursuant
to the provisions of this Chapter shall prevail.
(Ord. 335 § 1 Exhibit A, 1994)
(a)
Council Authority to Modify Requirements. The City Council may reduce,
modify, or waive those particular requirements of this Chapter which
would not result in hazard to life or limb, hazard to property, adverse
affects on the safety, use, or stability of a public way, facility,
or drainage channel, or adverse impact on the natural environment.
(b)
Procedure for Requesting a Modification. To request the modification
of any of the provisions of this Chapter, the applicant shall submit
a request, in writing, together with all required fees and required
application materials set forth in this Chapter. The request shall
itemize each provision for which a modification is sought and shall
State the reason(s) for which the modification is requested.
(1)
The City Council may approve and/or modify a request for modification
in whole or part, with or without conditions. At their discretion,
the City Council may establish additional conditions to further the
intent of this Chapter.
(Ord. 335 § 1 Exhibit A, 1994)
(a)
General Violations. Any person who fails to protect the natural terrain,
defaces, grades, grubs, scars, or otherwise disrupts the natural terrain
in the hillside area without prior City approval of plans for such
work, subject to this Chapter, shall have created a public nuisance
which shall be abated.
Abatement may include the property owner undertaking the restoration
(under City supervision and monitoring), or that failing, City contracted
restoration of the disrupted area. The property owner may be charged
the cost of the restoration together with the direct costs of supervision
and monitoring of the restoration. If the property owner fails to
reimburse the City the costs incurred, a lien against the property
for payment may be instituted and collected.
(b)
Specific Violations. Within a designated "hillside" area
no person shall fail, refuse, or neglect to comply with the following
provisions:
(1)
All orders issued by the Building Director, City Engineer, or Director
of Community Development pursuant to the provisions of this Chapter;
(2)
All conditions imposed on grading permits, building permits, Conditional
Use Permits or Architecture and Landscape Review approval pursuant
to the provisions of this Chapter; and
(3)
All rules and regulations of the office of the City Engineer or designee
with respect to grading which were in effect at the time the grading
permit was issued.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 356 § 1, 1995)
(a)
Separate Offense For Each Day of Violation. Any person, firm, or
corporation violating any of the provisions of this Chapter, permit,
or City approval shall be deemed guilty of a separate offense for
each and every day, or portion thereof, during which any violation
of any of the provisions of this Chapter, permit, or City approval
is committed, continued, or permitted.
(b)
Withholding of Building Permit, Inspections and Certificate of Occupancy.
The issuance of a building permit, performance of building permit
inspections, or issuance of a Certificate of Occupancy shall be withheld
for property on which violation of the provisions of this Chapter
exists, until such violation has been corrected or mitigated to the
satisfaction of the Community Development Director or designee.
(c)
Misdemeanor Penalties. Any person, firm, or corporation violating
any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor, and upon conviction of any such violation such person
shall be punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6) months, or
by both such fine and imprisonment.
(d)
Other Remedies. In addition to any other remedies for violation of
City Ordinances in force, the City may bring and maintain any action
permitted by law to restrain, correct, or abate any violation of this
Chapter and in the event that legal action is brought by the City,
reasonable attorney's fees and court costs shall be awarded
to the City and shall constitute a debt owned by the violator to the
City. The City may place a lien on the affected property in the event
any debts so incurred are not timely paid.
(Ord. 335 § 1 Exhibit A, 1994; Ord. 446 § 3, 1999)
The purpose of "transfer of development rights"
is to provide a procedure whereby the potential development of an
area, which stands to suffer adverse environmental impacts, can be
credited and then transferred to another more appropriate area in
order to preserve the character and identity of the former area.
(a)
Transfer Entitlement. For any parcel of land within a designated
hillside area, the potential residential development rights or credits
[transfer entitlement], shall be determined by a parcels or areas
particular zoning district [land use category].
(b)
Sending Parcel. Sending parcels from which potential residential
development rights or credits can be sold or transferred shall be
limited to only those lands designated as "hillside" area
as illustrated in the General Plan Conservation/Open Space Element
Figure COS-1.
(c)
Receiving Parcel.
(1)
Owner May Transfer. Any owner of property within a designated hillside
area, with residential development entitlements, may transfer development
rights from a hillside area:
(2)
Property Receiving Transfer. The property receiving the transfer
of development rights may be:
(i)
A subdivided portion of the same property; or,
(ii)
By means of sale or transfer to an adjacent property; or,
(iii)
By means of sale or transfer to any area of the City which has
been designated with a land use category of Medium Density Residential
[RMD] or higher, provided the increase for any particular parcel does
not exceed twenty (20) percent of the zoning district [land use category]
density designation.
(3)
Development Entitlement. Additionally, any owner of property within a designated hillside area may at their discretion sell, bequeath, or transfer the development rights of the property, in accordance with Chapter 22.04, Hillside Management, Sections 22.04.000 through 22.04.120, and Section 22.04.130, Transfer of Development Rights, to any governmental jurisdiction or any nonprofit organization whose charter allows for the ownership and/or transfer of development rights.
Upon obtaining development entitlement any governmental jurisdiction or nonprofit organization may retain, sell, or transfer acquired development rights in accordance with Section 22.04.130, Transfer of Development Rights.
(d)
Incentives for Participation. In order to provide incentives to encourage
transfer of development rights transactions the City Council intends
to negotiate development incentives with developers proposing projects
on properties which apply development rights or credits.
The City Council shall review with the prospective developer(s)
the following matters as incentives:
(1)
Streamline permit processing for projects on receiving site properties;
(2)
Fast track processing of development plans;
(3)
Fee reductions;
(4)
Waiver of City fees;
(5)
Relaxation of City standards, including density increases;
(6)
Combinations of the above; and,
(7)
Any additional valid proposals submitted.
(e)
Density Bonuses. Transferred development rights or credits shall
not be become a part of the base on which density bonuses granted
for providing affordable housing or other such density bonuses which
may be from time to time adopted in other enabling legislation are
figured.
(f)
Initiating a Transfer. To initiate a "transfer of development
right" for any parcel within a hillside area, the property owner(s)
or assignee(s) shall follow those procedure and standards as outlined
in all of the following:
(1)
Requirements.
(i)
Transfer of development rights or credits shall take place under
the guidance of the City and shall be documented by means of recordation.
(ii)
The sending parcels, from which development rights are being
removed must:
(A)
Remove all development rights or credits at the same time (residual
development rights or credits cannot be left on the property);
(B)
Be mappable; according to the Subdivision Map Act requirements,
i.e., a legal description and a total acreage will be required to
be recorded.
(C)
If a property consists of both undevelopable and developable
portions, a subdivision shall be required to separate developable
from undevelopable portions of the property to allow transfer of rights
from the undevelopable portion to the developable portion.
(D)
Record a document which acknowledges that all development rights
or credits for the described parcel have been extinguished and that
no further residential development can occur on the parcel.
(iii)
The receiving parcel, to which development rights or credits
are being transferred must:
(A)
Be mappable according to the Subdivision Map Act requirements,
i.e., a legal description and a total acreage will be required to
be recorded;
(B)
Record a document of affixture (or attachment) which has been
attested to by the City Clerk of the City of Indian Wells, attaching
the transferred development rights or credits to a specific parcel,
in perpetuity, following the sense of the example of language contained
in Section 22.04.130(k), Documentation.
(iv)
Documents of transfer and affixture must be recorded. Evidence
of the Recordation must be supplied to the City Clerk of the City
of Indian Wells within thirty (30) days of the date of attestation
by the City Clerk.
(2)
Review Procedure.
(i)
Five (5) copies of transfer documents shall be filed with the Director
of Community Development.
(ii)
Upon filing with the Director the required number of copies,
one (1) copy shall be immediately forwarded the City Engineer, City
Attorney, or any other officer, department, or agency as deemed necessary.
(iii)
Each of the officers, departments, or agencies which are the
subject of the document distribution shall be requested to report
to the Community Development Director their findings, requirements
and/or recommendations within fifteen (15) working days.
(iv)
If the transfer documents are found to be in correct form and
the matters shown thereon are sufficient, the Director of Community
Development shall endorse approval thereon and transmit it to the
City Council for consideration.
(v)
Endorsed transfer documents shall be placed on the City Council Consent
Calendar. Any City Council Member or any interested person may remove
the item from the Consent Calendar for discussion or may request that
the item be scheduled for a public hearing before the City Council.
It the item is removed from the Consent Calendar, the City Council
shall hold at least one (1) public hearing and the requirements of
Section 21.100.100, Public Hearings, shall apply. If the item remains
on the Consent Calendar, the item shall be deemed approved when the
Consent Calendar containing that item is approved.
(vi)
The City Clerk shall only attest to a transfer of development
rights or credits upon receipt of written authorization from the City
Manager.
(3)
Required Findings. Prior to recommending approval or approving the
proposed transfer of development rights, the following findings must
be made:
(i)
That the benefit to the community from relocating development off
the sending site exceeds that cost to the community that would result
from additional development on the receiving site.
(ii)
That there are costs associated with additional development
allowed through transfer of development rights on the receiving parcel,
which costs the community would not be willing to bear, were it not
for those benefits to the community from participating in a transfer
of development rights or credits program.
(iii)
That the ongoing ownership and management of the sending parcel
has been provided for with the intent to preserve the natural open
space of the hillside area in perpetuity, in accordance to Section
22.04.130(m), Sending Parcels Ownership and Maintenance.
(4)
Timing. A condition of approval of the development rights transfer
shall specify the sending and receiving parcels subject to the transfer
which shall be recorded no later than ninety (90) days from the date
of City approval.
In the event that a parcel of hillside land (with development
rights still attached) is granted, bequeathed, sold, transferred,
given or otherwise becomes the property of a not-for-profit land trust,
conservancy, or public agency, the receiving entity shall have an
unlimited period from the date of receipt in which to dispose of the
development rights by sale or other means. When development rights
are transferred to a specific receiving parcel, the ninety (90) day
time limit shall apply as in Section 22.04.130(1) above.
(5)
Documentation.
(i)
Sending Parcel. There shall be recorded for the sending parcel a
document having the sense of the following:
(A)
"Pursuant to Section 22.04.130 of Chapter 22.04 of the Indian Wells Municipal Code, Transfer of Development Rights, this parcel(s) APN# ______, (legal description and total acreage of sending parcel or portion of the parcel attached as Exhibit 'A') identified herein as a sending parcel, currently contains (number) development rights or credits which are being removed from the property."
(B)
An acknowledgement "that all development rights or credits
for the described sending parcel(s) have been extinguished; that no
further development can occur on the parcel(s); and, no further development
rights or credits shall accrue to the parcel(s) in perpetuity."
(C)
An acknowledgement "that acceptable uses on sending parcels, from which development rights have been removed, shall be limited to those uses as specified in Section 22.04.130(l) of Chapter 22.04 of the Indian Wells Municipal Code, Transfer of Development Rights."
(D)
The Assessor's Parcel Number of the parcel to which the
development rights or credits are being transferred.
(E)
The notarized signature, name and address of the legal and beneficial
owner(s) of the parcel(s)
(F)
"The signature of the City Clerk of the City of Indian
Wells affixed below attests to the legitimate transfer of these development
rights from this property (as described in Exhibit 'A'
)."
(ii)
Receiving Parcel. There shall be recorded for the receiving
parcel a document having the sense of the following:
(A)
"In addition to the number of dwelling units on this parcel APN #______, (legal description and total acreage attached as Exhibit "A") which may be permitted by the City of Indian Wells by virtue of the General Plan Land Use Designation and Zoning Category which applies to the parcel, this Parcel shall be permitted (number) of additional dwelling units per acre, which have been transferred to this parcel pursuant to Section 22.04.130 of Chapter 22.04 of the Municipal Code, Transfer of Development Rights."
(B)
"These additional dwelling units are hereby affixed to
this parcel APN #__________ and may not be further transferred, sold,
traded, or otherwise removed from this parcel, except by the purchase
by the City of Indian Wells or other public agency authorized by the
City."
(C)
The Assessor's Parcel Number(s) of the sending parcel(s)
from which the development rights or credits have been removed and
transferred and affixed to this parcel.
(D)
"The signature of the City Clerk of the City of Indian
Wells affixed below attests to the legitimate transfer of these development
rights to this property (as described in Exhibit 'A')."
(6)
Permitted Uses on Sending Sites.
(i)
Acceptable uses on sending parcels, from which development rights
have been removed, shall be limited to:
(A)
Open space purposes (undeveloped);
(B)
Watershed or game reserve;
(C)
Hiking and equestrian trails not permitting vehicles subject
to approved of a Conditional Use Permit;
(D)
Property maintenance such as is necessary to maintain property
in a safe and natural condition;
(E)
Scientific and educational study consistent with a program developed
by competent authority and approved by the City Council;
(ii)
No use nor improvement other than that above, shall be permitted.
(7)
Sending Parcels Ownership and Maintenance. Those sending parcels
which are to remain as undeveloped open spaces which are to be used
for game preserve, scientific or educational study areas, or open
space purposes, may be offered through dedication, to a governmental
jurisdiction, or to a not-for-profit land trust, conservancy, or similar
organization whose charter allows for the ownership of lands which
will preserve the natural open space of the hillside area in perpetuity.
If however, the public agency, or City, or land trust, conservancy,
or similar organization does not accept such an offer or if such an
offer is not made, the property owner of the sending parcels shall
make provisions for the ownership and care of the sending parcels
in such a manner that there can be necessary protection and maintenance
thereof. Where necessary sending parcels shall be provided with appropriate
access or access easements and shall be designated as separate parcels
which may be maintained through special fees charged to the residents
of the subject development or through an appropriate homeowner's
association or maintenance district. Where necessary the appropriate,
maintenance in perpetuity shall be guaranteed through the bond of
the developer, property owner, association, or agent.
(Ord. 335 § 1 Exhibit A, 1994)
