The hillsides within the city constitute a significant natural
topographical feature of the community and provide aesthetic relief
to the viewscape from virtually every location in the city. The intent
and purpose of this chapter is to implement the goals and policies
of the general plan and the various elements contained therein as
they relate to development and resource management in hillside areas
within the city. The provisions contained herein will allow for orderly
and sensitive development of hillside areas in conjunction with the
preservation of natural open space. The following specific goals and
policies of this chapter reflect those contained in the general plan
and provide the purpose and intent of this chapter:
A. To
allow for development patterns in hillside areas that minimize erosion
and geologic hazards and that provide for the protection of the public
health, safety and welfare;
B. To
encourage grading techniques that blend with the natural terrain,
minimize earth moving activity, minimize impacts of large cut and
fill slopes and provide for the preservation of unique and significant
landforms;
C. To
encourage retention of natural drainage patterns and the preservation
of significant riparian areas;
D. To
reduce water use in slope replanting and retention by encouraging
grading design that minimizes manufactured slopes;
E. To
allow density transfers, where appropriate, to facilitate development
in more appropriate locations while retaining significant natural
slopes and areas of environmental sensitivity;
F. To
substantially retain the integrity and natural grade elevations of
the significant natural ridgelines and prominent landforms that, in
aggregate, form the city's skyline backdrop;
G. To
the maximum extent possible, preserve the view from the valley floor
and make every effort to maintain the original view of the site.
(Ord. 515 § 10, 2023)
This chapter establishes specific development standard submittal
requirements, review standards, and processing procedures for projects
within hillside areas, as defined herein. Development applications
proposed on a parcel or parcels that fall within the definition of
a hillside area shall comply with all procedures, standards, and findings
contained in this chapter.
(Ord. 515 § 10, 2023)
Parcels containing only isolated landform features and drainage
courses that contain slopes greater than 20% are not considered a
hillside area and are exempt from this chapter if one of the following
is met:
A. In
the case of multiple isolated landforms on the same property, such
isolated landforms shall be physically separate topographic features
that are not a component of a significant ridgeline or any other prominent
landform;
B. Properties
which contain slopes of 20% or greater which are associated with minor
drainage courses not indicated on the United States Geological Survey
(U.S.G.S.) maps as intermittent or perennial (blue-line) streams;
C. Manufactured
slopes which were created prior to adoption of this chapter;
D. Any
final, tentative, or parcel map, residential planned development,
specific plan, or conditional use permit which was approved prior
to adoption of this chapter, or any time extension to a previously
approved project, shall be exempt from the provisions of this chapter
unless the approving authority finds that the changes to the project
constitute a major modification to the original project approval.
Modifications considered major include, but are not limited to, the
following:
1. An
increase in the number of developable lots,
2. A
reduction in lot size below the minimum lot size established for the
zone or below a size previously approved by the planning commission
or city council,
3. An
increase to the vertical height or horizontal width of manufactured
slopes that alters the plan to a level that may be inconsistent with
what was originally approved,
4. An
increase to building bulk or site/lot coverage that alters the plan
to a level that may be inconsistent with what was previously approved,
5. A
combination of minor alterations that represents substantial, cumulative
changes to the project, or other similar modifications to the previously
approved project that significantly changes the design or character
of the project;
E. Construction
of a residential dwelling unit, or additions thereto, and accessory
building(s) on a legally subdivided, residentially zoned parcel as
of the date of adoption of this chapter, which does not involve grading
for structures on visually prominent ridgelines or on land with a
slope in excess of 20%, or grading in excess of 1,000 cubic yards;
F. Modification
of or addition to an existing single-family dwelling and accessory
building including second dwelling units on an existing parcel created
prior to the date of adoption of this chapter. This exemption shall
not include an increase in the number of units/lots or changes in
use;
G. Construction
of additions to commercial/industrial buildings which will not add
more than 10% in floor area and an expansion of less than 5,000 square
feet, whichever is less;
H. Grading
for agricultural purposes, pursuant to a grading permit reviewed by
the planning commission following a duly noticed public hearing;
I. Lot
line adjustments, lot mergers or condominium conversions involving
existing structures, issued pursuant to local ordinance;
J. Fire
breaks and fire roads required by the Ventura County fire department;
K. Recreation
trails for pedestrian or equestrian purposes constructed by or pursuant
to the requirements of the city;
L. The
replacement or reconstruction of structures which are destroyed or
damaged by fire or earthquake or other natural disaster;
M. Properties
having development agreements that exempt them from the provisions
of this chapter.
(Ord. 515 § 10, 2023)
Words and phrases in this chapter have the meanings set forth
in this section.
"Contour grading"
means a grading technique which utilizes curvilinear, horizontal,
and vertical undulations in order to simulate the characteristics
of natural topography.
"Daylight grading"
means a grading technique which designates an existing natural
contour as the transition line between a manufactured pad for development
and the adjacent natural slope face and which eliminates the need
for fill slopes along the exposed edges of the development pad.
"Density transfer"
means an increase in density on one portion of property to
a level that may exceed the underlying general plan designation of
that portion of the property while maintaining a gross density over
the entire property that is consistent with the underlying general
plan designation.
"Hillside area"
means any property containing slope areas of 20% or greater.
The steepness of a slope is defined as the relationship (the ratio)
between the changes in elevation (rise) and the horizontal distance
(run) over which that change in elevation occurs. The percent of steepness
of any given slope is determined by dividing the rise by the run on
the natural slope of land, multiplied by 100.
"Horizontal and vertical building envelopes"
means the maximum width and height of a structure based on
minimum setback requirements and maximum building height limitations
for the zone within which the project is located. These envelopes
may be utilized to evaluate visual impacts when specific architectural
plans are not provided for subdivision review.
"Isolated landform"
means a parcel which has an isolated topographical feature
having a slope of greater than 20% which has a horizontal run of less
than 200 feet and a vertical rise of less than 50 feet.
"Mass grading"
means a grading technique in which all lots, building pads
and streets are generally graded over the entire area resulting in
the disruption of the majority of the on-site natural grade and vegetation
and, often resulting in, but not required to result in, a successive
pad/terrace configuration.
"Open space"
means land that has been left in its natural state and has
not been developed with primary or accessory structures.
Prominent Landform or Ridgeline.
A visually "prominent landform or ridgeline" means any landform
visible from the valley floor which forms a part of the skyline or
is seen as a distinct edge against a backdrop of land at least 500
feet horizontally behind it (see Ridgeline Map).
"Slope face"
means the slopes located directly below, or leading up to,
the crest of a significant ridgeline or prominent landform.
"Slope steepness"
means the relationship (the ratio) between the change in
elevation (rise) and the horizontal distance (run) over which that
change in elevation occurs. The percent of steepness of any given
slope is determined by dividing the rise by the run on the natural
slope of land, multiplied by 100.
"Subdivision development plan"
means specific development plans for an unapproved tentative
map, including, but not limited to: plot plans, building elevations,
grading plans and landscape plans applicable to individual lots within
a tentative map.
"Valley floor"
means that area of the city as shown on Exhibit A of this
ordinance. Exhibit A is not codified but is kept on file in the office
of the city clerk.
(Ord. 515 § 10, 2023)
The overall number of units allowed on a property shall be based
on the summation of the total number of units allowed by the general
plan with density transfers permissible for development in slope areas
which exceed 20%. Where density transfers are not feasible, additional
open space may be dedicated anywhere within the project boundaries
to compensate for the development of steeper slopes as outlined below:
Slope Categories
|
Open Space Dedication
|
---|
20% to 35%
|
35% open space1
|
35% to 50% slope
|
50+% open space1
|
50% or more slope
|
Density transfer required, except as delineated otherwise in § 17.38.090
|
Note:
|
---|
1
|
The open space required shall be dedicated from the land which
contains the slopes in question. The open space required by this section
is in addition to any minimum percentage already required by the city's
general plan.
|
(Ord. 515 § 10, 2023)
No construction or grading shall be permitted in areas containing
slopes of 50% or greater except under the following circumstances:
A. Development
is proposed on isolated peninsula-shaped fingers of 50% slope within
an otherwise developable area of lesser slopes;
B. The
grading involves the filling of small ravines or drainage courses
not shown on the U.S.G.S. maps as intermittent or perennial streams
which contain ancillary slopes of 50% or greater if said ravine or
drainage course is not deemed a significant biological area (as determined
by the environmental study for the project) and if measures to convey
surface water are proposed to the satisfaction of the city engineer;
or
C. The grading involves the construction of roads if the 50% slope area is an isolated landform as defined in Section
17.38.040 of this chapter, or if no other reasonable alternatives are available and all hillside street design criteria are met as specified in Section
17.38.130 of this chapter.
(Ord. 515 § 10, 2023)
The grading plan shall preserve natural terrain and vegetation
to the maximum extent feasible, by utilizing creative design concepts,
as permitted by standards established in this chapter. However, it
is recognized that grading will involve considerable surface disruption
and removal of natural vegetation. Where this occurs, and manufactured
slopes are created, the following standards and submittal requirements
shall apply:
A. Submittal
Requirements.
1. With
Formal Application. Conceptual landscape plans indicating both temporary
and permanent slope plantings shall be prepared by a California registered
landscape architect and submitted to the department of community development.
Such plan shall outline all proposed planting in graded areas, means
of irrigation, proposed timing of landscape installation and the manner
in which landscaping will be maintained. A precise landscape plan
shall be submitted prior to the issuance of a grading permit;
2. Prior
to Grading Permit Issuance. A manufactured slope revegetation report
which analyzes existing soil conditions, proposed soil amendments,
and plant suitability shall be submitted to the city for review and
approval by the director of community development.
B. Concrete
Drainage Ditches. All concrete drainage ditches shall be colored concrete
of Omaha Tan by Davis Concrete or an equivalent color.
(Ord. 515 § 10, 2023)
All proposed drainage facilities shall respect the natural (before
development), hydrologic characteristics of the subject terrain, preserve
major drainage channels in their natural state, and be designed in
such a manner as to preserve the public health, safety or welfare.
The provisions of the following standards shall apply to all land
subject to these regulations and shall be in addition to the provisions
of the adopted version of the Uniform Building Code, the Ventura County
Land Development Manual or other standards the city may adopt in the
future.
A. To
the maximum feasible extent, all natural drainage courses serving
major drainage areas and containing significant perennial vegetation
which may constitute a significant wildlife habitat should remain
in their natural state. Alterations to the above drainage courses
may be allowed by the approving authority if the application of this
section will result in upstream or downstream flooding hazards for
which there is no other feasible means of mitigation.
B. In
the event that off-site drainage facilities will be required to handle
increased runoff from any development subject to these regulations,
interim drainage facilities which provide for no increase in peak
runoff from a 10 year storm shall be constructed and maintained until
such time as the permanent facilities are completed.
C. The
overall drainage system shall be completed and made operational at
the earliest possible time during construction or shall otherwise
be provided for in a manner acceptable to the city engineer. If a
development is to be phased, all downstream (including interim facilities
within the project area or required interim off-site drainage facilities)
elements of the approved drainage facilities shall be completed or
otherwise provided for in a manner acceptable to the city before the
completion of upstream phases.
(Ord. 515 § 10, 2023)
No project in a hillside development area shall be approved
by the approving authority unless it is found to conform to all of
the following findings based on standards set forth in this chapter:
A. That
the grading, and design standards contained in this chapter have been
complied with in the overall design of the project;
B. That
the project design and site layout retains and utilizes natural contours
of the site to the maximum extent feasible;
C. That
the project design incorporates drought tolerant landscape materials,
water conserving irrigation techniques and erosion control measures
in a manner that eliminates both short- and long-term erosion hazards
while providing for aesthetic and effective revegetation of these
slope areas;
D. That
development is sited in a manner that substantially retains the visual
qualities and natural elevations of the significant ridgelines and
prominent landforms forming the city's skyline backdrop, as defined
in this chapter, and preserves those portions of the ridgelines visible
from the valley floor of the city;
E. That
grading has been kept to an absolute minimum in order to maintain
the natural character of the hillsides and that unavoidable grading
complements natural landforms;
F. That
significant natural landmarks and other outstanding features have
been retained in their natural state;
G. That
mass grading of large pads and excessive terracing has been avoided
in residential zones and minimized in commercial and industrial zones;
H. That
proposed residential development plans have been utilized such as
varying setbacks and heights for buildings, building techniques, building
forms, and materials which ensure the compatibility of structures
with the surrounding terrain and that proposed commercial and industrial
development plans have been utilized varying setbacks and heights
for buildings, building techniques, building forms, materials and
colors which ensure the compatibility of structures with the surrounding
terrain;
I. That
street and circulation design respects the natural contours of the
land, minimizes grading requirements, and minimizes the percentage
of land devoted to streets;
J. That
land graded for road right-of-way purposes through slopes not otherwise
permitted to be graded herein does not include or permit construction
of an increase in the number of existing or proposed building pads
other than those permitted within that parcel. Such road grading shall
not increase an existing or proposed building pad site;
K. That
altered slopes will be relandscaped with plants which are compatible
with the project's soils, terrain and microclimate, which reduce the
risk of fire;
L. That
any grading on slopes greater than 20% is restricted and encourages
the preservation of visual horizon lines and significant hillsides
as prominent visual features;
M. That
the overall density and intensity of development decreases as the
slope increases.
(Ord. 515 § 10, 2023)
No variance from the provisions of this chapter shall be allowed
unless it is approved pursuant to provisions contained in the city
zoning ordinance.
(Ord. 515 § 10, 2023)