Article II — Hillside Planned Development Permit

The purpose of the H-P-D permit is to assure that the intent and purpose of the hillside planned development district are effectuated.

(Prior code § 2-2.3209(a))

The terms and symbols used in this section shall have the following meanings:

"Base density"

means the number of dwelling units per gross acre as determined by Section 18.76.150(A).

"Contour interval"

means the difference in elevation between adjacent contour lines on a topographical or planimetric map. "I"

means the contour interval measured in feet.

"L"

means the summation of the length of all contour lines measured in feet.

"Open space"

means landscaped areas together with areas retained in their original state without enhancement by

landscaping, both of which are owned in common by the owners of the residential lots within a development. "Ridge"

means a connected series of major and minor hills.

"Ridgeline"

means a ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge. "Weighted incremental slope (WIS)"

means a number assigned to a specific parcel of land for the purpose of determining its relative slope conditions and is determined according to the following formula:

(Prior code § 2-2.3209(b))

Following are the procedures for processing an application for an H-P-D permit:

A.

Review by Planning Commission. Upon receipt of the data required by Section 18.76.140, the planning commission shall hold a public hearing to consider the request for an H-P-D permit. The public hearing required by this section shall be given pursuant to the provisions of Government Code Section 65854. Following the public hearing, the planning commission may approve, conditionally approve, or disapprove the requested H-P-D permit. The decision of the planning commission shall be placed in resolution form and the reasons for the decision shall be specified therein. A copy of the resolution shall be transmitted to the city council and to the applicant as soon as possible after review by the planning commission. A synopsis of the planning commission's action and rationale shall be transmitted to the city council and the applicant where the planning commission's review will not occur until after the expiration of the appeal period specified in subsection E of this section; said synopsis shall be the unofficial report of the planning commissions pending receipt of the required resolution.

B.

Review by City Council. Upon receipt of a resolution from the planning commission recommending approval of an H-P-D permit, the city clerk shall schedule a public hearing before the council with notice of the time, date and place of public hearing being given, pursuant to Government Code Section 65854. Following the public hearing the council may approve, conditionally approve, or disapprove the H-P-D permit. In approving a permit, the council may modify the recommendations of the planning commission. In making its decision, the council shall be subject to the same requirements as are placed on the commission by this section. C.

Referral. Council may also refer the matter back to the planning commission for further report and recommendation. The planning commission shall not be required to hold a public hearing on a matter referred back to it, but shall submit its report and recommendation within 40 days after the reference; otherwise the proposed modifications shall be deemed approved.

D.

Denial by Planning Commission. If the planning commission recommends denial of an H-P-D permit application, no further action by the city council is necessary, unless the planning commission's decision is appealed to the city council by the applicant pursuant to the provisions of Section 18.144.020 of this title. (Prior code § 2-2.3209(c))

In recommending approval of, or in approving an H-P-D permit, the following findings must be made:

A.

The approval of the plan is in the best interests of the public health, safety and general welfare; B.

Off-site and on-site views of the ridges will not be substantially impaired. In determining which ridges are subject to this finding, the following criteria shall be used: the intents and purposes set forth in Section 18.76.010 of this chapter shall be followed;

C.

Any grading to be performed within the project boundaries takes into account the environmental characteristics of that property, including, but not limited to, prominent geological features, existing streambeds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on said environment as possible;

D.

Streets, buildings and other manmade structures have been designed and located in such a manner as to complement the natural terrain and natural landscape;

E.

Adequate fire safety measures have been incorporated into the design of the plan;

F.

The plan conforms to the purpose and intent of the hillside planned development district; and G.

The plan is consistent with the city's general plan.

(Prior code § 2-2.3209(d))

In the recommendation of approval and in the approval of an H-P-D permit, conditions may be imposed

which are deemed necessary to protect the public health, safety and general welfare in line with the standards set forth in this article.

(Prior code § 2-2.3209(e))

Any application for an H-P-D permit shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and registered civil engineer:

A.

A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other manmade structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors, and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverages by percentage and acreage for the following: open space (intensely landscaped and natural) coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

B.

A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described in subsection A of this section; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious;

C.

A topographical map at a scale not smaller than one inch equals 100 feet showing contour lines existing prior to grading at an interval of not more than 10 feet; a grading plan showing increments of the depths of all cuts and fills in various colors or any similar display which shows the cuts, fills, depths thereof in colors; and a slope classification map showing, in contrasting colors, all land which has less than a 10 percent slope, that land which has a slope between 10 percent and twenty percent, that land which has a slope between twenty percent and 25 percent, and all land which has a slope greater than 25 percent. The director of housing and community development, or his or her designated representative, may allow a reduction in the scale of the map or an increase in the contour interval when the size of a parcel or its terrain require such changes to make the map more meaningful;

D.

Profiles showing the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

E.

The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor, and the following criteria and procedure shall be used:

1.

The contour map shall have 10-foot contour intervals;

2.

The interval used in WIS calculation shall be two feet and interpolation of the contour intervals shall be made if required;

3.

Topographic map scale:

F.

Any tree(s) including size and species as defined in Chapter 17.16 of this code, whether or not such tree(s) is to be removed, or destroyed, on the site plan or on a separate plat;

G.

Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of center lines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

H.

A current preliminary soils and geological report prepared by a registered civil engineer and a registered geologist;

I.

A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials, dimensions and locations;

J.

A statement in writing stipulating to the total number of bedrooms to be constructed; and

K.

The initial plan shall indicate the density allowed by subsection A of Section 18.76.150 and the location of the proposed units. Any request for density adjustments allowed by subsection B of Section 18.76.150 shall be shown on an alternate plan detailing the location of the additional units and amenities.

Notwithstanding the requirements of this subsection, an applicant for an H-P-D permit for the development of five or more acres, which development will occur in stages, may submit general information relating to

subsections A and I of this section for review by the planning commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the planning commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit.

(Prior code § 2-2.3209(f)

A.

Base Density. A base density for a piece of property shall be determined by the following:

Any WIS not shown in the table shall be determined by interpolation, using the graph set forth in Exhibit A of the ordinance codified in this chapter, and incorporated in this chapter by reference.

B.

Density Adjustments. The effectiveness of hillside development can be affected by a number of factors such as the physical characteristics of a specific parcel, the amount of landscaped and natural open space existing within a development, the existence of amenities within a development and the number of people who will reside in the hill area. Therefore, in order to encourage hillside developments which take into consideration the factors provided in this subsection, adjustments may be made in the base density in the recommendation for approval and approval of an H-P-D permit, pursuant to any of the following:

1.

The existence of open space beyond that required by Section 18.76.160;

2.

The existence of amenities or on-site or off-site improvements which are not normally found or required in residential developments;

3.

The existence of a mixture of housing types which provides a variation in the appearance of the development and allows a range of housing prices;

4.

The existence of landscaping of a type, size and quantity which exceeds that of a standard residential development;

5.

The existence of a topographical feature, including, but not limited to, a cliff or deep ravine, or extensive land area over 25 percent slope, of a magnitude which causes the WIS to be significantly greater than would be the case if the topographic feature was not considered; and

6.

The offer to and acceptance by the city of land in excess of the parkland dedication requirements of Chapter 17.46 of this code.

(Prior code § 2-2.3209(g))

The percentage of the parcel to be developed which must remain in open space and/or public parkland shall be a minimum of 25 percent plus one and one-half times the WIS factor. Public parkland shall include only those areas which are offered for dedication as public parks and which are accepted by the city. (Prior code § 2-2.3209(h))

A.

Size and Treatment. In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible as well as to serve the other specified purposes of this chapter, specific requirements may be placed on the size of areas to be graded or to be used for building, and on the size, height and angles of cut slopes and fill slopes and the shape thereof. In appropriate cases retaining walls may be required.

B.

Restrictions. All areas indicated as natural open space on the approved development plan shall be undisturbed by grading, excavating, structures or otherwise except that riding trails, hiking trails, picnic areas, stables and similar amenities may be placed in natural open space pursuant to the approval of an H-P-D permit.

C.

Landscaping. The H-P-D permit shall include the planting of newly created banks or slopes for erosion control or to minimize their visual effect.

(Prior code § 2-2.3209(i))