The provisions of this Chapter are intended to:
A. 
Preserve and enhance Santa Rosa's scenic character, including its natural waterways, hillsides, and distinctive districts;
B. 
Conserve the City's open spaces and significant natural features;
C. 
Respect natural features in the design and construction of hillside development; and
D. 
Design hillside development to be sensitive to existing terrain, views, and significant natural landforms and features.
(Ord. 3677 § 1, 2004)
A. 
Applicability of Chapter. The requirements in this Chapter, and Section 4.5 (Hillside Considerations) of the City's Design Guidelines apply to proposed subdivisions, and all other proposed development or a new land use on that portion of a site with a slope of 10 percent or greater.
B. 
Limitations on hillside development. Development proposed on a hillside identified by the visual analysis required by Section 20-32.060 as having significant natural landforms or features shall:
1. 
Minimize the alteration of the topography, drainage patterns and vegetation on land with slopes of 10 percent or more;
2. 
Not be located on a hillside or ridgeline where a structure would interrupt the view of the skyline from a major public viewpoint identified by the visual analysis; and
3. 
Not alter a slope that is greater than 25 percent and identified by the visual analysis as significant and visually sensitive. Alterations determined by the review authority to be minor may be approved:
a. 
For road or driveway construction across slopes greater than 25 percent but determined by the visual analysis to be insignificant;
b. 
Over previously constructed slope; or
c. 
Within terrain areas determined by the visual analysis to be visually insignificant and/or hidden.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
A proposed project that is subject to this Chapter shall be authorized by a Hillside Development Permit in compliance with Section 20-32.060 (Hillside Development Permit), in addition to any other permit required by this Zoning Code.
(Ord. 3677 § 1, 2004)
A proposed hillside subdivision shall be designed and constructed in compliance with the City of Santa Rosa Design Guidelines. A proposed subdivision shall also comply with the following standards.
A. 
Parcel and building site slope. The average slope of each proposed lot shall not exceed 25 percent. The review authority may exclude what it determines to be significant, permanent, private open space areas from the calculation of average slope.
B. 
Roads. Each new road shall be located and designed to follow natural terrain contours to the maximum extent feasible, minimize grading, and minimize the visibility of streets from other areas within the City. Proposed driveways shall comply with the requirements of Section 20-32.050.
(Ord. 3677 § 1, 2004)
Each structure shall be located in the most accessible, least visually prominent, most geologically stable, portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site to the maximum extent feasible. Siting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.
A. 
Site access. Each driveway shall be located and designed to follow natural terrain contours to the maximum ex-tent feasible, minimize grading, and comply with the following standards.
1. 
Shared driveways that serve more than one parcel are encouraged, and may be required, to reduce the total amount of grading and pavement.
2. 
Drainage from a driveway shall be directed in a controlled manner to the drainage facilities of the nearest road wherever feasible, subject to the approval of the City Engineer.
3. 
A driveway shall not have a grade steeper than five percent within 10 feet of a garage or carport entry. Driveway finished grade shall not exceed an average of 15 percent.
B. 
Setbacks. A proposed structure shall comply with the following setback requirements instead of those of the applicable zoning district, except Accessory Dwelling Units, as stated in Section 20-42.120.E.
TABLE 3-3—HILLSIDE SETBACKS
Setback Location
Minimum Setback
Front
20 ft
Side
15 ft, except as provided in Sections 20-32.050.C and 20-42.120.E
Rear
15 ft, except as provided in Sections 20-32.050.C and 20-42.120.E
Residential Garage
19 ft from rear of public sidewalk, or 19 ft from street property line or street plan line, whichever is greater
C. 
Side and rear setback from slope. Where a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer; provided that the distance from the base of the structure to the toe of the slope shall be a minimum of five feet. See Figure 3-9.
Figure 3-9 – Side Setback Measurement
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 3)
A. 
Purpose. The Hillside Development Permit provides a review process for the City to consider the appropriateness of proposed development on hillside parcels, to ensure that a proposed project minimizes its visual and environmental impact.
B. 
Applicability. A Hillside Development Permit is required to authorize any proposed development that is subject to the requirements of this Chapter.
C. 
Application filing and processing. An application for a Hillside Development Permit shall be filed and processed in compliance with Chapter 20-50 (Permit Application Filing and Processing). A Hillside Development Permit application shall include all information and materials required by Section 20-50.050 (Application Preparation and Filing), and the following additional information.
1. 
Site topography. A topographic map of the entire parcel with a contour interval of two feet, which shall also identify the proposed building site, and all areas of the site with slopes of less than 10 percent, all areas of the site with slopes between 10 percent and 25 percent, and all areas of the site that are more than 25 percent.
2. 
Geotechnical report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, the review authority may also require a final geotechnical report.
3. 
Visual analysis. An application for a subdivision, multiple dwellings, and non-residential projects shall include a visual analysis prepared in compliance with Section 20-50.090 (Visual Analysis), and shall include identification of:
a. 
Significant natural landforms on the site. These shall include slopes greater than 25 percent, groves of trees, and/or open meadows, that are highly visible from multiple public viewpoints within the city; and
b. 
Major public viewpoints from which the site contributes to community character, which include Highways 101, 12, and other vantage points.
D. 
Review authority.
1. 
Commission approval. The following shall require the approval of a Hillside Development Permit by the Commission.
a. 
Subdivision. A proposed subdivision shall require a Hillside Development Permit in addition to the approval of a Tentative Map, and Parcel Map or Final Map in compliance with Title 19 (Subdivisions) of the City Code.
b. 
Multiple dwellings. The construction of two or more dwellings in the same subdivision by the same developer.
c. 
Nonresidential projects. The construction of a non-residential project.
2. 
Zoning Administrator approval. The Zoning Administrator may approve a Hillside Development Permit for:
a. 
Single dwelling. The construction of one dwelling on an existing parcel; and
b. 
Addition to existing dwelling. An addition to an existing dwelling that increases floor area by more than 10 percent. The 10 percent calculation shall also include all porch and deck additions. The Zoning Administrator may also choose to refer the matter to the Commission for a decision. (An addition that increases existing floor area by 10 percent or less shall require a Zoning Clearance (Section 20-52.020).)
E. 
Project review, notice, and hearing. Each application shall be analyzed by the Director to ensure that the proposed project is consistent with the purpose and intent of this Section.
1. 
Commission review. Where Subsection D.1 requires that a Hillside Development Permit application be considered by the Commission:
a. 
The Director shall submit a staff report and recommendation to the Commission;
b. 
The Commission shall conduct a public hearing on an application for a Hillside Development Permit prior to the approval or disapproval of the permit; and
c. 
Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2. 
Zoning Administrator review. Where Subsection D.1 requires that a Hillside Development Permit application by considered by the Zoning Administrator, public notice shall be provided in compliance with Chapter 20-66 (Public Hearings), and as follows.
a. 
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Hillside Development Permit on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. 
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
F. 
Findings and decision. The review authority may approve, conditionally approve, or disapprove a Hillside Development Permit application, and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first finding that:
1. 
Site planning minimizes the visual prominence of hillside development by taking advantage of existing site features for screening, including tree clusters, depressions in topography, setback hillside plateau areas, and other natural features;
2. 
Site development minimizes alteration of topography, drainage patterns, and vegetation on land with slopes of 10 percent or more;
3. 
Site development does not alter slopes of greater than 25 percent, except in compliance with Section 20-32.020.B (Applicability—Limitations on hillside development);
4. 
Project grading respects natural features and visually blends with adjacent properties;
5. 
Building pad location, design, and construction avoids large areas of flat pads, and building forms are instead "stepped" to conform to site topography;
6. 
The proposed project complies with the City's Design Guidelines;
7. 
The proposed project complies with the requirements of this chapter and all other applicable provisions of this Zoning Code;
8. 
The proposed project is consistent with the General Plan and any applicable specific plan; and
9. 
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the public health, safety, or general welfare.
G. 
Conditions of approval. In approving a Hillside Development Permit, the review authority may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F.
H. 
Post approval procedures. The procedures and requirements in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Division 6 (Zoning Code Administration), shall apply following the decision on a Hillside Development Permit.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 8, 2011)