17.72 (Appeals).

Story poles shall consist of wood posts or other rigid materials at all corners of the structure and at either end of the proposed ridgelines, with a minimum of two feet of orange safety fencing connecting the top of the poles.

Additional visual representations may be provided in one or more of the following forms, as determined by Subsection 5.c (Specific requirements), below:

(1)

Temporary silhouette in compliance with Section 17.60.080 (Temporary Silhouette Requirement);

(2)

Photomontages, including photos of the site with the temporary silhouette (as applicable);

(3)

Computer-generated photo simulations;

(4)

A three-dimensional scale model of the project structure and site of a scale sufficient to evaluate the project as determined by the Zoning Administrator; and

(5)

Any other technique acceptable to the Zoning Administrator that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete.

c.

Specific requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Zoning Administrator in each case. Written analysis and/or design in addition to illustrations may also be required when determined by the Zoning Administrator to be necessary to clearly understand the potential visual impacts of the project.

All submitted maps, plans, drawings, and sketches shall be drawn to the same scale which shall be consistent throughout the review and approval process. Exceptions require the approval of the Zoning Administrator.

D.

Review authority. The Hearing Officer may approve, conditionally approve, or disapprove a Hillside Development Permit in compliance with this Chapter.

E.

Project review, notice, and hearing. The project review and public notice and hearing requirements for a Hillside Development Permit shall be the same as those required for a Conditional Use Permit by Section 17.61.050, and as follows:

Notice of Application. Projects involving new two-story houses and/or upper-story additions are additionally required to provide a Notice of Application to all properties within 500 feet of the subject property upon determination of a complete application and installation of story poles. The Notice of Application shall provide a minimum 14-day notification period to properties within 500 feet of the subject property.

F.

Findings and decision. The Hearing Officer 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 Hearing Officer may approve the permit only after first making the following findings, in addition to the findings required by Section 17.61.050 for Conditional Use Permit approval:

The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development on adjacent lots, as described in Section 17.29.060.D, and in terms of aesthetics, character, scale, and view protection;

The placement of proposed structures avoids the most steeply sloping portions of the site to the maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation.

G.

Neighborhood Compatibility findings to grant additional floor area. For lots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions and compliance with Hillside District standards, and with consideration to the following:

a.

No additional view impacts will occur to neighboring properties as a result of granting additional square footage; and

b.

The massing, scale, and building articulation of the proposed dwelling or other structure is compatible with the neighborhood as viewed from public or private streets.

H.

Adjustments to standards to preserve views. The applicant may seek and the review authority may grant an adjustment to the standards of this Chapter in cases where the standards prevent a structure from reducing or eliminating a view impact. To grant such an adjustment, the review authority must make the following additional findings in consideration of the placement of the proposed structure:

An adjustment to the development standards is necessary to minimize or eliminate impacts to a neighbor's views of the Rose Bowl, Colorado Street Bridge, downslope views of the valley floor, ridgelines, or the horizon line.

Granting an adjustment to the development standards will not unreasonably alter the street-facing character of the neighborhood or unreasonably disrupt the continuity of established front yard setbacks.

I.

Additional finding for adjustments to standards. The applicant may seek and the review authority may grant an adjustment to the standards of this Chapter as part of Hillside Development Permit approval only where it first finds that the adjustment will result in a structure that is less visible from off the site, and has less impact on environmental resources, wildlife habitat, slopes, or existing scenic views from adjacent properties than would development in compliance with the standard being adjusted.

J.

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. above.

K.

Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 17.72 (Appeals), shall apply following the decision on a Hillside Development Permit.

L.

Floor area ratio adjustment for flat lots. Through the Hillside Development Permit process, on lots in the RS-4 HD and RS-6 HD zones with an average slope of less than 15 percent, an applicant may apply for an adjustment to the floor area ratio requirements for their lot. The average slope shall be determined following the development standard in Section 17.29.050 J. If approved, the maximum permissible floor area ration for such lots is the same as the base district as shown in Table 2-3. An adjustment may be approved by the Review Authority only if the following three criteria are met:

Compliance with the remainder of the Hillside Overlay Development Standards (i.e., no Variances to the Hillside Overlay Development Standards).

No protected trees are removed as a result of the project;

Compliance with the Neighborhood Compatibility requirements of the Hillside Overlay Development Standards (Section