Division 4 — HILLSIDE OVERLAY DISTRICT

(a)

Purpose and goals. The purpose of the hillside overlay district is to achieve the following goals:

(1)

To protect the public health and safety by preserving steep hillsides in open space and by minimizing geological hazards, erosion and other potential dangers associated with hillside areas.

(2)

To minimize potential impacts to endangered, threatened or rare species of flora and fauna.

(3)

To ensure that any permitted hillside development conforms to the character of the natural topography and that the visual impacts of grading are softened by requiring designs which incorporate slope undulation, blending and other features to reflect the natural terrain.

(b)

Hillside protection policies. City policies aimed at achieving the hillside protection goals set out in subsection (a) of this section shall be as follows:

(1)

Development restrictions in steep areas. Development should be restricted in steep areas in order to ensure development safety and limit the amount of grading required for development. Further, the City discourages development on prominent ridges, public views, and prominent ridgeline features. The City instead encourages development on those hillside areas that are a reasonable distance below prominent ridges in order to preserve and protect in their natural state those prominent ridges within the City.

(2)

Limitations on earth movement. The amount of earth movement for hillside development should be limited both in quantities moved within a site, in order to limit landform alteration, and quantities imported or exported, in order to limit dirt hauling on City streets.

(3)

Contouring of manufactured slopes. Manufactured slopes should be designed to resemble natural hillside contours and should blend with natural terrain where the two join in order to visually integrate development into the natural hillside.

(4)

Slope and retaining wall heights. The height of manufactured slopes and retaining walls should be restricted in order to limit the size and accompanying visual impacts of manmade slopes and structures on the hillside.

(5)

Landscaping and other visual mitigation. Intensive slope landscaping and other mitigation measures should be required in order to screen and soften the intrusive appearance of hillside building and grading.

(6)

Protection of biological resources. Development impacts to endangered, threatened or rare species of flora and fauna and sensitive biological habitats shall be avoided or mitigated, consistent with state and federal definitions and regulations, in order to preserve environmental quality and diversity.

(c)

Definitions. In addition to the definitions contained in this title, the words and phrases set forth below, shall, for the purposes of this chapter, be given the following meanings, unless the content clearly requires otherwise:

Average slope means the slope, in percent, calculated using the following formula: Average slope = (0.00229 x I x L)/A, where, using a topographic map, "I" is the contour interval in feet, "L" is the combined length of contour lines in feet, and "A" is the gross area of the lot in acres.

Contour means a line drawn on a plan that connects all points of equal elevation.

Fill means a deposit of earth material placed by artificial means.

Natural slope means the slope of a lot or portion thereof that is not manufactured or manmade (consisting wholly or partially of either cut or filled material).

Pad means an area on a lot upon which a building or structure may be placed.

Prominent ridge means any ridgeline that affords significant public vistas or views and stands out as a prominent feature of a hillside area.

Slope means an inclined ground surface of a lot, or portion of a lot, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance or change in elevation (rise). The percent of any given slope is determined by dividing the rise by the run multiplied by 100. Also see "average slope."

(d)

Applicability. The provisions in this division apply to all properties that are designated in the hillside overlay district on the zoning map. These provisions apply in addition to the provisions in the underlying zoning district. If the provisions of this division are in conflict with the provisions in the underlying zoning district, the provisions of this division shall apply.

(a)

Review procedures. All projects within a hillside overlay district and located on a lot with a slope of ten percent or greater shall be subject to review and approval of a hillside development permit (HDP) by the Director of Community Development or the Planning Commission in accordance with the provisions contained in this section. This requirement applies to all permits, including, but not limited to, grading permits, building permits, tentative parcel maps, tentative tract maps, conditional use permits, approved specific plans, planned unit developments, administrative site plan review, design review projects and associated plan review.

(1)

Staff review. The Director of Community Development shall review development proposal applications and impose conditions deemed appropriate under the circumstances described in this subsection. Projects that require grading for large flat areas, including, but not limited to, such items as tennis courts may be referred to the Planning Commission if determined necessary by the Director of Community Development.

a.

The average natural slopes on the lot are less than 15 percent.

b.

The final grading resulting in fills or excavations less than five feet in vertical depth, at their deepest point, measured from the natural ground surface.

c.

The excavations or fills, or any combination thereof, on any portion of a site, are less than 2,500 cubic yards.

(2)

Planning Commission review. The Planning Commission shall review development proposal applications and impose conditions deemed appropriate under the circumstances described in this subsection.

a.

The average natural slopes on the lot are equal to or greater than 15 percent.

b.

The final grading resulting in fills or excavations equal to or greater than five feet in vertical depth, at their deepest point, measured from the natural ground surface.

c.

The excavations or fills, or any combination thereof, on any portion of a site, are equal to or greater than 2,500 cubic yards.

d.

Any fill or excavation that will encroach onto or alter a natural drainage channel, blue line stream, waters of the United States, or other watercourse (prohibited unless alternative drainage is proposed).

e.

The application requires Planning Commission approval for development entitlements.

f.

The application has been referred to the Planning Commission by the Director of Community Development.

(b)

Interpretation of standards. If ambiguity arises concerning interpretation of the provisions contained in this division, the Director of Community Development shall review such instances to determine compliance with the provisions contained within this section or the matter may be referred to the Planning Commission for consideration.

(c)

Biotic resources management plan. The application shall be accompanied by a biotic resources management plan to be reviewed by City staff or a City hired consultant. The plan will be part of an initial study per CEQA. The plan shall include the following:

(1)

Biotic assessment. A complete assessment of flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species as well as sensitive and critical habitats.

(2)

Impacts. A discussion of direct, indirect and cumulative impacts anticipated to adversely affect biological resources.

(3)

Mitigation measures. An identification of effective mitigation measures to specifically affect such impacts to a level of insignificance. Besides impacts to the biotic resources identified above, mitigation measures shall also address potential adverse impacts from any increased runoff, sedimentation, soil erosion and urban pollutants on streams, watercourses, and sensitive habitats on or near the project site.

(4)

No net loss of sensitive habitats. The identified mitigation measures shall observe the state and federal policy of habitat values. In addition, a discussion of alternatives to not only minimizes adverse impacts to wildlife but also to include direct benefit to wildlife and wildlife habitat shall be included. Stream buffer areas and their maintenance in a natural condition through nonstructural flood control methods shall be incorporated into projects affecting watercourses to continue their high value as wildlife corridors.

(5)

Permits. If required by state and federal law, a discussion of the necessary biological permits (California Department of Fish and Game, State Fish and Game Code § 1600 or United States Army Corps of Engineers/Department of the Interior Fish and Wildlife Service, Clean Water Act Section 404) shall be included in the biotic resources management plan. The requirements of the California Environmental Quality Act and Guidelines shall also be incorporated into the plan.

(6)

Archaeological/historic/paleontological report. A site-specific archaeological/historic/paleontological report shall be presented for approval, which shall include identification of such resources on a project site; analysis of potential adverse impacts to such resources; and identification of effective mitigation measure to level potential adverse impacts to a level of insignificance.

(d)

Fire management plan/high fire severity zone. The application shall be accompanied by a fire management plan/fuel modification plan. These plans shall be submitted to the Planning Division incorporating the City's standard format and include, at a minimum, the following:

(1)

Special building standards. Such features should include at a minimum, one-hour-rated exteriors, non-flammable wood or plastic material on exteriors, double pane or tempered glazing, solid core doors, non-wood garage doors, no non-fire rated plastic or vinyl window frames, proper screening and orientation of vents, non-combustible/non-plastic decking and patio covers, no plastic and no combustible rain gutters.

(2)

Fuel modification zones. The fuel modification zone shall incorporate a vegetation management zone around all structures. The recommended vegetation management zones around property lines are as follows: in the northern area of the City, 300-foot wide zones are required; in the Jurupa Mountains, 200- foot wide zones are required.

(3)

Special building setbacks. The fire management plan shall incorporate minimum building set backs and building separation requirements.

(4)

Maintenance. The fuel modification plan shall include a maintenance plan for all designated fuel modification zones.

(e)

Fencing and landscaping plans. Prior to the issuance of any building permit for any building or structure to be located within any hillside overlay district, a fence and landscape plan shall be submitted to the Community Development Department for review and approval. The fencing and landscaping plans shall include fire retardant materials and plantings, with irrigation systems and conservation measures to provide for the natural habitat and erosion control.

Any use permitted in the underlying zone district shall be permitted in the utility corridor overlay district, provided except as provided in this section.

(a)

Standards dependent upon slope. The following table establishes the maximum number of residential units per lot, maximum amount of grading per lot, and special provisions.

Table No. 30-633 Development Standards and Design Guidelines

* Resulting fractions above 0.5 shall be rounded off to the next highest whole number.

(b)

Site design and architectural controls. The Director of Community Development shall require that the following architectural requirements are met:

(1)

Site design. The dimensions of a building must parallel to natural contour and shall be maximized in order to limit the amount of cutting and filling and to better fit the building to the natural terrain of the lot. Design of buildings shall be sensitive to the natural terrain, and the buildings shall be located so as to minimize necessary grading and preserve natural features. City policy requires that views of significant visual features, as seen from both within and outside a hillside area, be preserved. To further that policy, the following provisions shall be taken into consideration:

a.

Buildings and structures shall be oriented to allow and/or preserve view opportunities (view sheds). To this end, any person or persons applying for a building permit to construct, alter, enlarge or in anyway modify any structure shall demonstrate via a line of sight analysis that the construction, alteration, enlargement or modifications shall not in anyway restrict, block or alter the view shed from an existing residential structure. The line of site analysis shall be submitted concurrently with any application for development, alterations, expansion, etc., and is subject to review and approval by the Director of Community Development.

b.

Any significant public vista or view corridor as seen from a secondary, collector or major arterial right-of-way shall be protected;

c.

Development within the hillside overlay district lots shall utilize variable setbacks, multiple orientations and other site planning techniques to preserve open space, protect natural features and provide views to residents; and

d.

Development of prominent ridges is discouraged due to its potential harmful impact to significant public views and prominent ridgeline features. The City instead encourages development on those hillside areas that are a reasonable distance below prominent ridges in order to preserve and protect in their natural state.

(2)

Architectural controls. Each building or structure located within a hillside overlay district lot shall observe the following:

a.

No portion or architectural feature of a home shall exceed a height of 25 feet as measured from the natural grade at the point of measurement;

b.

All structures shall comply with the following:

A building or structure shall be terraced to follow the slope of the pad.

Appropriate architectural treatment shall be provided to all sides of each building or structure visible from adjacent properties, roadways, and public rights- of-way to ensure compatibility with adjacent uses.

Exterior flood lighting for safety shall be shielded so as not to spill light on adjacent properties.

Rooflines shall be accessible from at least two locations.

Skirting of all support structures from view of any public right-of-way or adjoining property shall be required.

(c)

Retaining walls. Retaining walls associated with a building pad shall be located as follows:

(1)

Upslope (from a building or structure) walls shall not exceed four feet in height. Terraced retaining structures may be utilized when separated by a minimum of three feet and appropriate landscaping as approved by the Director of Community Development.

(2)

Down slope (from a building or structure) walls shall not exceed three feet in height. Where an additional retained portion of the lot is necessary due to unusual or extreme conditions, such as lot configuration, steep slope or road design, then the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three feet in height and shall be separated by a minimum of three feet, with appropriate landscaping as approved by the Director of Community Development.

(d)

Guidelines in general. The following general guidelines are intended to assist those persons attempting to obtain development permits for hillside overlay district lots:

(1)

The form, mass and profile of the individual buildings, structures and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques that may be considered include:

a.

Split pads, stepped footings and grade separations to permit the structure to step up the natural slope;

b.

Detaching parts of a dwelling such as a garage; and

c.

Avoidance of the use of gable ends on downhill elevations. The slope of the roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by more than 20 percent.

(2)

Excessive cantilevers on downhill elevations shall be avoided. The Planning Commission shall review on a case-by-case basis all proposed development incorporating a cantilevered structure, based upon a recommendation by the Director of Community Development.

(3)

The utilization of below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques.

(4)

The use of roofs, on lower levels for decking shall be encouraged.

(5)

Building materials and color schemes should blend with the natural landscape of earth tones and natural, native vegetation growth.

(e)

Fencing. Walls and fences shall be approved on the fencing and landscaping plan if they are within the height limits applicable to walls and fences in this section and the R-1 zoning district. Wood fences shall not be permitted within any hillside overlay district. Walls and/or fences shall be constructed of masonry, decorative block, river rock or similar material as approved by the Director of Community Development.

(f)

Special regulations relative to domestic animals. The development of hillside areas for residential purposes may pose a threat to domestic animals which are kept out of doors, including dogs, cats, rabbits, horses and other domestic animals normally associated with single family residences. Hillside areas are home to several predatory species of animals such as coyotes, mountain lions, snakes and other such animals that prey on domestic animals kept as pets or for recreational uses. Therefore, the City encourages that owners of domesticated animals provide all reasonable protection to such animals in the event that they are allowed or kept out of doors and, therefore, subject to predatory animals that inhabit hillside areas.

(g)

Fire protection/suppression. Any development within a hillside overlay district shall comply with all applicable regulations of the Fontana Fire District and fire hazard overlay district.