The intent and purpose of this zone is to allow for low-intensity, residential development that addresses concerns for public health and safety and promotes the design criteria set forth in Section 25.15.004. All new development in this zone shall be sensitive to the hillside terrain and to the environmental constraints and shall provide for the conservation of existing natural open space lands, unique landforms, scenic hillsides and sensitive biological habitats. These environmental constraints include potential danger from fire, slope failure and erosion, as well as the difficulty of emergency evacuation. Protection of the physical environment, public views and aesthetic qualities associated with undeveloped lands is of critical concern in this zone. Low-intensity agricultural uses and passive, recreational uses are also appropriate for this zone.
(Ord. 1187 § 2(2), 1989; Ord. 1234 § 1, 1992; Ord. 1303 § 1, 1995)
The area included in the residential/hillside protection zone
encompasses a substantial amount of the city's undeveloped hillsides.
Not only does this land incorporate some of the most undisturbed physical
environments in the city, it also supports many environmentally sensitive
habitats. These included rare species of flora or fauna, significant
watercourses, ridgelines and unique landforms such as rock outcroppings
and caves. In addition, land within this zone typically contains physical
conditions such as steep topography and geologically sensitive areas
which amplify the environmental and safety concerns of this zoning
district.
The following design criteria have been established to help
ensure that future development proposals take the proper steps to
avoid adverse impacts on these unique resources. In addition, all
development proposals shall be subject to the zoning standards and
design review procedures of this chapter and shall be strictly evaluated
for conformance with the city's general plan, with particular emphasis
on the open space and conservation element. As part of the environmental
review process for any project, the city shall require detailed environmental
studies to identify specific impacts, measures to avoid those impacts
and, when allowable impacts are unavoidable, the necessary mitigation
measures.
(A)
To ensure compliance with the applicable General Plan policies, all
development proposals shall be subject to the following criteria:
(1)
Building Site. Buildings and other improvements should be located
on slopes of less than thirty percent and shall be situated such that
they do not adversely impact any environmentally sensitive areas,
and should minimize impacts to ridgelines, geologic hazard areas and
unique landforms.
(2)
Mass and Scale. The height and scale of the building(s) should respect
the natural surroundings and unique visual resources by incorporating
designs which minimize bulk and mass, follow natural topography and
minimize visual intrusion on the natural landscape.
(3)
Building Size. In addition to the mass and scale of the residence,
the total square footage shall also be maintained at a size compatible
with the open space characteristics of the hillsides. Residential
designs should blend in with the surroundings, while minimizing their
prominence to public view. As such, larger lots shall not necessarily
enable the development of correspondingly larger homes.
(4)
Architectural Style. The architectural style, including materials
and colors, should be compatible with the natural setting by encouraging
designs which blend in with the surroundings.
(5)
Grading. Development proposals should minimize grading of hillside
areas by encouraging designs which follow the natural grade while
maintaining a building mass and scale that is sensitive to topography.
(6)
Landscaping. The proposal should maintain native vegetation to the
greatest extent possible and should include the provision of additional
native vegetation to mitigate potential visual impacts and erosion
concerns associated with the development proposal. Invasive plantings
shall be prohibited.
(7)
Fuel Modification. The development proposal should address the required fuel modification as part of the initial application and should integrate fuel modification provisions into the site plan in such a way as to minimize impact on existing native vegetation and areas of visual prominence. Alternative means to thinning and/or removal of native vegetation for fire hazard management such as minimizing the building envelope, and/or siting of the structure(s) away from hazard areas, and/or use of fire retardant design and materials are preferred where feasible. The fuel modification plan shall be in compliance with all Fire Department fuel modification requirements, and may qualify as development requiring a coastal development permit that is subject to the provisions of Chapter 25.07, including instances when such a plan constitutes development that is not exempt pursuant to Section 25.07.008 because it would impact environmentally sensitive habitat areas.
(Ord. 1187 § 2(2), 1989; Ord. 1234 § 1, 1992; Ord. 1255 § 2, 1992; Ord. 1303 § 1, 1995; Ord.
1485 § 3, 2008; Ord. 1654 § 3, 2021; Ord. 1678 §
3, 2022)
Buildings, structures and land shall be used, and buildings
and structures shall hereafter be erected, designed, structurally
altered or enlarged only for the following purposes:
(A)
Single-family dwellings;
(C)
Child care and other similar uses set forth in the State Health and
Safety Code;
(D)
Guest house or guestroom, subject to the following conditions:
(1)
The lot is a minimum of fourteen thousand five hundred square feet
in size,
(2)
There is no more than one guest house on any one lot,
(3)
There is no kitchen within such guest house,
(4)
The floor area of the guest house does not exceed three hundred square
feet,
(5)
Such guest house is used only by the occupants of the main building
or their guests or domestic staff and shall not be rented separately,
let or hired out, whether the compensation is paid directly or indirectly
in money, goods, wares or merchandise,
(6)
Such guest house is located entirely within one hundred feet of the
main dwelling unit but does not encroach into any required setback
area. Access to the guest house shall be provided from the same access
driveway serving the main residence,
(7)
Any guest house shall be subject to design review board approval,
(F)
Raising of non-invasive vegetables, field crops, fruit and nut trees
and horticultural specialties used solely for personal or educational,
noncommercial purposes. The location of such agricultural uses should
be restricted to areas where the slope does not exceed thirty percent;
(G)
Residential care facility, small licensed, subject to: (1) no outdoor
smoking, (2) fire and building code inspection and compliance, and
(3) maximum occupancy of six persons; and
(H)
Residential housing, special needs.
(Ord. 1187 § 2, 1989; Ord. 1234 § 1, 1992; Ord. 1303 § 1, 1995; Ord. 1485 § 3, 2008; Ord.
1550 § 11, 2011; Ord. 1575 § 11, 2013; Ord. 1666 §
2, 2021; Ord. 1687 § 4, 2023)
The following may be permitted subject to the granting of an administrative use permit as provided for in Section 25.05.020:
(B)
Parking or storage of recreational vehicles (meaning any travel trailer,
boat, camper, motor home, van, travel and utility trailer or converted
bus) that is more than twenty feet in length and more than six feet
in height, subject to the following:
(1)
The vehicle shall be owned by the owner of the property or the tenant
who is the primary resident of the property.
(2)
The outdoor parking of such vehicles shall not be closer than five
feet to a property line, shall not be parked in the front or side
yards and shall be located on a paved, or any other stable, all-weather
surface approved by the director of community development.
(3)
The vehicle shall not be connected to electricity, sewer or water.
(4)
The vehicle shall not be used, either temporarily or permanently,
for sleeping or living purposes.
(5)
The vehicle shall not be used for storage of goods, materials or
equipment other than those that constitute part of the unit or are
essential for its immediate use.
(6)
The vehicle shall be in operable condition.
(7)
The vehicle shall be effectively screened from a public right-of-way
and/or adjacent residences with fencing and/or landscaping to the
maximum extent allowed under the zoning regulations.
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All vehicles being parked or stored as of the effective date of the ordinance codified in this subsection (B) and not conforming to the provisions hereof shall within three months after receiving appropriate notice from the community development department, either obtain approval of an administrative use permit or cause the vehicle to be removed from the property.
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(Ord. 1187 § 2(2), 1989; Ord. 1234 § 1, 1992; Ord. 1303 § 1, 1995; Ord. 1474 § 1, 2007)
The following uses may be permitted subject to the granting of a conditional permit as provided for in Section 25.05.030:
(A)
Passive natural parks, such as view platforms, mini-parks, hiking
and walking trails;
(B)
Public utility and public service pumping stations, power stations,
drainage ways and structures, storage tanks and transmission lines;
(C)
Planned residential developments subject to the standards of Chapter 21.14, Planned Residential Developments (the conditional use permit must be approved by the city council after the planning commission makes a recommendation regarding the project. A subdivision proposal shall be processed in conjunction with the conditional use permit application for the planned residential development);
(D)
Churches; and
(E)
Such other uses as the planning commission may deem, after a public
hearing, to be consistent with the intent and purpose of this zoning
district and similar to and no more obnoxious or detrimental to the
public health, safety and welfare, than other permitted uses.
(Ord. 1187 § 2(2), 1989; Ord. 1234 § 1, 1992; Ord. 1303 § 1, 1995; Ord. 1550 § 12, 2011; Ord.
1575 § 12, 2013)
The following property development standards shall apply to
all land and structures in this zone:
(A)
Lot Area. Each lot shall have an area of not less than fourteen thousand five hundred square feet. Exceptions: Any existing parcel which is considered a legal building site at the time of application for a development permit shall retain building site status even though it is less than fourteen thousand five hundred square feet in size. Title 21, Section 21.14.010 sets forth criteria which allows for the fluctuation of lot sizes and shapes when a conditional use permit for a planned residential development is proposed and approved.
(B)
(C)
Density Standards. The following slope/density table and density
yield method shall be used to determine the maximum allowable building
density for a given property in relation to a potential subdivision.
The actual number of approved housing units may be significantly lower
than the maximum allowable density due to localized conditions identified
during the site-specific planning process. Such conditions may include,
but are not limited to, infrastructure capacities, such as road, water
and sewer systems, and environmental factors, such as natural drainage
courses, sensitive biological habitats, geological conditions and
aesthetic considerations. Importantly, the subdivision of land must
be found to be consistent with general plan policies which may result
in a density less than that allowed by the following slope/density
table and density yield method:
|
Slope/Density Table
| |
|---|---|
|
Slope
|
Maximum Density
|
|
0—10%
|
3.0 Units/Acre
|
|
10+—15%
|
2.5 Units/Acre
|
|
15+—20%
|
2.0 Units/Acre
|
|
20+—25%
|
1.5 Units/Acre
|
|
25+—30%
|
1.0 Units/Acre
|
|
30+—35%
|
.5 Units/Acre
|
|
35+—40%
|
.2 Units/Acre
|
|
40+—45%
|
.1 Units/Acre
|
|
45+%
|
.0 Units/Acre
|
Exception: Any existing parcel which is considered to
be a legal building site at the time of application for a development
permit shall retain building site status even though it has slopes
in excess of forty-five percent.
Note: If density calculations result in a fractional number,
the number shall be rounded down to the nearest whole number, although
in no event shall the density calculations be less than one dwelling
unit for an existing legal building site.
(1)
Density Yield Method.
(a)
The maximum allowable building density for a given property shall
be determined in accordance with the method known as the "bubble"
(or "water drop") method. This method totals the calculated maximum
densities for each contiguous portion of other property that is fourteen
thousand and five hundred square feet (the minimum lot area within
the zone) or greater in lot area and that is forty-five percent or
less in slope. The method shall be implemented as set forth in the
following text and as illustrated in the drawing shown below (entitled
"Definition Sketch—Slope Density Measurements"):
(i)
Distances between contour lines are measured, and at every point
where the slope corresponds to a change in slope category (as identified
in the slope/density table above), a line is drawn between the contour
lines.
(ii)
A boundary is drawn around each contiguous portion of the property
with slopes of forty-five percent or less ("slope area boundary").
(iii)
Within each slope area boundary on the property, the area in
each slope category is measured and multiplied by the corresponding
maximum density for the slope category using the slope/density table.
To qualify for the calculation of density yield the slope area boundary
must be at least fourteen thousand five hundred square feet in area
and be forty-five percent or less in slope. Portions of the property
within a slope area boundary that are greater than forty-five percent
in slope are also excluded from the calculation of density yield.
(iv)
The products of the calculation on density yield for each slope
category within slope area boundaries are added together to arrive
at the maximum allowable building density for a given property.
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(b)
Measurements shall be made for the entire parcel(s) proposed to be
developed or subdivided at contour intervals of not more than ten
feet nor less than two feet on a horizontal map scale where one inch
equals one hundred feet or less.
(2)
When more than one zoning designation exists on a parcel which is
proposed to be subdivided, the density limit for the entire property
shall be determined by calculating the allowable number of units within
each separately zoned area (fractional numbers shall be rounded down
to the nearest whole number) and taking the sum total of these densities.
The city may consider allowing the resulting density in the residential/hillside
protection zone to be transferred to a more intensive residential
zone on the same parcel.
(D)
Lot Coverage. The following table indicates the maximum percentage
of lot coverage allowed. Grading and terrain alteration, except as
required for public safety purposes and required access, are restricted
to the lot coverage area.
|
Lot Slope
|
Maximum Percent of Coverage
|
|---|---|
|
0—20%
|
35%
|
|
20+—25%
|
30%
|
|
25+—30%
|
25%
|
|
30+—35%
|
20%
|
|
35+—45%
|
10%
|
|
45+%
|
0%
|
|
Lot slope shall be ascertained by calculating the slope percentage
of rise, (which is the vertical height distance between the highest
and lowest points of a lot), divided by the run, (which is the horizontal
distance between the highest and lowest points of a lot), multiplied
by 100.
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Exception: Any existing parcel which is considered to be a legal
building site at the time of application for a development permit
shall retain building site status even though it has a lot slope in
excess of forty-five percent and entitled to a maximum lot coverage
of ten percent.
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(E)
Accessory Use Lot Coverage. The maximum lot coverage permitted for the following accessory uses shall not exceed a total of fifteen percent of the lot coverage area, as established by the provisions of subsection (D): spas, swimming pools, recreation courts, and any other similar structures.
(F)
Ridgelines. No development shall be permitted which, in any way,
alters an existing ridgeline identified as significant in the general
plan, including topographic changes, visual obstruction, or other
direct impacts on the natural profile of the ridgeline. If during
the initial environmental review process it is determined that a project
could impact other ridgelines not identified in the general plan,
the appropriate mitigation measures shall be required to protect the
physical and aesthetic character of the ridgeline. Such measures may
include, but are not limited to, a restriction on ridgeline development
and specific design modifications as may be required.
(G)
Accessory Buildings and Uses. All accessory buildings and uses, including
recreation courts and swimming pools, shall be located within one
hundred feet of the main dwelling unit but shall, in no case, encroach
into any required yard or setback area.
(H)
Building Height. Unless further restricted by the provisions of Chapter 25.50, the maximum height of any structure shall not exceed twenty-five feet at any point, as measured from the natural grade or finished grade of the land, whichever is more restrictive. In addition, all residential units shall be reviewed for consistency with the city's design guidelines for hillside development as adopted by Resolution No. 89-104 or as amended thereafter.
(I)
Yards. The general yard and open space provision of Chapter 25.50 shall apply in addition to the following:
(1)
Front Yards. Each lot shall maintain a front yard of not less than
twenty feet. Front yards shall not be used for accessory buildings,
clotheslines, air conditioning or pool equipment, the storage of trailers,
boats, campers or other materials, or the regular or constant parking
of automobiles or other vehicles.
(2)
Side Yard. The width of each side yard shall be not less than ten
percent of the average lot width, but in no case less than eight feet.
(3)
Rear Yard. Each lot shall maintain a rear yard of not less than twenty-five
feet.
(4)
Exception. Where a planned residential development is proposed, consisting
of four or more structures, yard requirements shall be determined
by the design review board.
(J)
Fences and Walls. All fences and walls shall be subject to the provisions of Section 25.50.012 as well as the following standards:
(N)
All other applicable sections of Title 25 shall apply, except as modified herein by this chapter.
(O)
Any previous reference pertaining to "Hillside Management/Conservation,"
either as a zoning district or as a general plan or specific plan
designation shall, from the effective date of the adoption of this
chapter, be equated to "Residential/Hillside Protection."
(Ord. 1187 § 2(2), 1989; Ord. 1208 § 4, 1991; Ord. 1234 § 1, 1992; Ord. 1303 § 1, 1995)
In addition to such written findings as may be required by state
law or the municipal code, the following written findings shall be
made by the approving authority prior to the approval or conditional
approval of any development project:
(A)
That the proposed development is in conformity with all applicable
provisions of the general plan, including the certified local coastal
program and the zoning code (Title 25).
(B)
That the proposed development will not result in adverse impacts
to environmentally sensitive areas, and that any unavoidable, allowable
impacts will be minimized following the incorporation of reasonable
mitigation measures, and so will not have any significant adverse
impacts on the environment within the meaning of the California Environmental
Quality Act.
(C)
That the proposed development will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the public health, safety and general welfare.
(D)
That the proposed development has adequately designed for and long-term
implementation and maintenance measures have been established or conditioned
to be established to reasonably protect the residents and their structures
from wildfire hazards.
(Ord. 1303 § 1, 1995; Ord. 1485 § 3, 2008)
