Article 31 — Hillside Planned Development Zones (H-P-D)

The Council hereby finds that the terrain of certain areas of the City provides a unique and substantial character to the area and forms an integral part of the City’s total environment. Due to their physical dominance on the City’s landscape, development of the hillside areas will definitely affect the visual and environmental character of the community. The City’s primary objective regarding hillside development is to preserve the natural terrain, quality environment, and aesthetic character of the City while encouraging creative, innovative, and safe residential development with a variety of housing types. Such characteristics will only be achieved when special consideration is given to those developments, subdivisions, and lot splits within hillside areas on an individual basis and proper

consideration of the variations in conditions, design criteria, and other requirements which must be flexible in order to achieve a development that meets the foregoing purpose consistent with the policies set forth in this section.

Subdivisions and other developments in hillside areas shall be subject to the provisions of this article where the H-PD Zone has been assigned to specific hillside areas as a result of public hearings held pursuant to the provisions of Article 29 of this title.

In enacting the provisions of this article, it is the intention and policy of the City to:

(a) Encourage only minimal grading which relates to the natural contour of the land, and which will round off, in a natural manner, sharp angles at the top and ends of cut and fill slopes, and which does not result in a “staircase” or “padding” effect;

(b) Require the retention of trees and other vegetation which stabilize steep hillsides, retain moisture, prevent erosion, and enhance the natural scenic beauty and, where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillsides,

(c) Encourage a variety of building types and design, when appropriate, to materially reduce grading and disturbance of the natural character of the area;

(d) Require immediate planting wherever appropriate to maintain necessary cut and fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view;

(e) Require the retention of natural landmarks and prominent natural features which enhance the character of a specific area, for example, the natural skyline; and

(f) Impose appropriate conditions on the development of all slopes to obtain conformity with the approved development policies of the Thousand Oaks Development Plan and the policies set forth in this section. (§ 1, Ord. 224-NS, eff. September 9, 1971)

“Hillside areas” shall mean those areas so designated on the Hillside Development District Map which areas, in general, have an average slope before grading of ten (10%) percent or more. Such map shall be proposed to the Council for adoption by a resolution by the Commission only after a public hearing, noticed and conducted in the same manner required for zone changes in accordance with the provisions of Article 29 of this chapter. All properties located within such district shall be considered for possible H-P-D zoning, and the development thereof shall be subject to the criteria set forth in this article.

(§ 1, Ord. 224-NS, eff. September 9, 1971)

Only the uses identified in Article 21 of this chapter as being permitted in the Hillside Planned Development (H-PD) Zone shall be established or maintained on property located therein, subject to the permitting requirements and limitations set forth in said Article 21.

(§ 1, Ord. 224-NS, eff. September 9, 1971, as amended by § I, Ord. 383-NS, eff. July 12, 1973, § 3, Ord. 989-NS, eff. February 23, 1988, § 32, Ord. 1392-NS, eff. June 7, 2002, § 12, Ord. 1412-NS, eff. August 14, 2003, and § 44, Ord. 1620-NS, eff. August 12, 2016)

Only the uses identified in Article 21 of this chapter as being permitted in the Hillside Planned Development SingleFamily Detached (H-P-D–S-F-D) sub-zone shall be established or maintained on property located therein, subject to

the permitting requirements and limitations set forth in said Article 21. All other provisions of this article shall apply in the H-P-D–S-F-D sub-zone.

(§ III, Ord. 383-NS, eff. July 12, 1973, as amended by § 45, Ord. 1620-NS, eff. August 12, 2016)

(§ IV, Ord. 383-NS, eff. July 12, 1973, as amended by § V, Ord. 779-NS, eff. June 11, 1981, § VIII, Ord. 815-NS, eff. September 7, 1982, § 13, Ord. 1189-NS, eff. November 2, 1993, § 16, Ord. 1273-NS, eff. January 8, 1997, § 8, Ord. 1306-NS, eff. November 20, 1997, § 19, Ord. 1555-NS, eff. May 13, 2011; Part 14, Ord. 1614-NS, eff. April 22, 2016, and repealed by § 46, Ord. 1620-NS, eff. August 12, 2016)

No more than seven (7) units shall be permitted on any one net acre through a density transfer in the H-P-D Zone. The density for property within an H-P-D Zone shall depend on the average slope of the natural terrain of the area within the proposed development and a consideration of all requirements of this Code.

“Average slope” of a parcel or any portion thereof shall be computed by applying the formula:

S = 0.00229 I L

A

to the natural slope of the land before any grading is commenced, as determined from a topographic map conforming to national mapping standards and having a scale not less than one (1") inch equals two hundred (200') feet and a contour interval not less than five (5') feet. The formula letters represent the following:

S = Average percent slope;

I = Contour interval, in feet;

L = Summation of length of contours, in feet; and

A = Area in acres of the parcel being considered.

The density for property within this zone shall be computed in accordance with the following scale:

For certain unique properties within this zone, where the average slope percentage is less than ten (10%) percent, the Council may allow the maximum density of four (4.0) units per gross acre for the entire development.

All parcels of record which have been recorded prior to September 9, 1971, and which subsequently are placed in the H-P-D Zone, shall be subject to all the provisions of this article except, when such parcels are located in natural slope areas of twenty-four and nine-tenths (24.9%) percent and above, all parcels shall be permitted at least one dwelling unit.

(§ 1, Ord. 224-NS, eff. September 9, 1971, renumbered by § II, Ord. 383-NS, eff. July 12, 1973, and amended by § 7, Ord. 899-NS, eff. October 22, 1985)

(a) Land with twenty-five (25%) percent or greater slope shall not be graded except pursuant to an H-P-D permit only where it can be shown that a minimum amount of development is in the spirit of, and compatible with, the purposes and policies set forth in this article.

(b) The following table is the minimum percentages of the site’s ground surface which shall remain in a natural state (no cut or fill) or be developed solely for recreational purposes based on the average percent slope of a parcel:

(c) In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading, to preserve the property’s natural appearance and beauty as far as possible, and serve the other purposes of this article, specific conditions and requirements shall be placed on the size of the areas to be graded, the size of building footprint, the shape, size, height, and angles of cut and fill slopes. Retaining walls may also be required.

(d) Land remaining undeveloped in a natural state or open space or land developed solely for recreational purposes shall be owned and maintained in accordance with the provisions of Section 9-4.3107 of this article.

(§ 1, Ord. 224-NS, eff. September 9, 1971, renumbered by § 11, Ord. 383-NS, eff. July 12, 1973, and amended by § 7, Ord. 899-NS, eff. October 22, 1985)

Those areas covered by a hillside development permit which are to remain as undeveloped open spaces, such as undevelopable slopes and natural landmarks, etc., or which are to be used for recreational purposes may be offered, through dedication, to a governmental jurisdiction as part of an open space and park system. If, however, the district or City does not accept such an offer, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary maintenance thereof. Such area shall be provided with appropriate access and shall be designated as separate parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowners’ association. All cuts and fills above or below the height of the first terrace would have to be maintained in perpetuity and guaranteed through the bond of the developer. (§ 1, Ord. 224-NS, eff. September 9, 1971, renumbered by § 11, Ord. 383-NS, eff. July 12, 1973)

The following development standards are established as the minimum deemed necessary to insure the public health, safety, and welfare within the H-P-D Zone and to accomplish the intent and purposes of this article:

• (a) Circulation.

(1) Hillside street standards should reflect a rural, rather than urban, character. Street alignments, where possible, should be parallel to contours in valleys or on ridges. Where a location between a valley and ridge is unavoidable, directional pavements should be split, with the principal of grading being half cut and half fill versus all fill or all cut. The detailed design characteristics for each type of street shall be very carefully considered within the framework of requiring absolute minimum geometric standards. The following schedule and diagrams are suggested as being consistent with this premises:

Above fourteen (14%) percent grade, concrete pavement shall be required. Public utility easements may be required outside the street right-of-way if necessary. The Public Works Director and the County Fire Department may modify the above street standards as necessary to meet the purposes and policies set forth in this article.

• (2) Sidewalks and walkways shall be provided in accordance with a carefully conceived total pedestrian circulation plan and not rigidly appended onto every street.

• (3) Bicycle and equestrian trails should be integrated into the overall circulation plan for any project in this zone.

• (4) Street lighting in hillside areas should be of low profile design, unobtrusive, and designed to enhance a rural character.

• (b) Parking.

(1) Parking should be provided off the street, and parking lanes may be omitted. The intermittent widening of streets for parking and turnarounds shall be encouraged at appropriate places.

(2) The following on-site parking standards are suggested as being the minimum desirable and acceptable for residential units within this zone. In cases where half spaces occur with single units, the standard would be increased to the next whole figure, notwithstanding the fact that adjoining properties might share common parking areas. Each required parking space shall be accessible at all times and shall be accessible at all times and shall not include driveway or turnaround areas:

Modifications of the above standards may be permitted by the Council if such modifications will better meet the purposes and policies set forth in this article.

(c) Building design. Building design and architectural features shall be compatible with the specific parcel to be developed and with the purposes and policies set forth in this article. Lot sizes, building types, height limits, and setbacks shall be flexible in order to achieve this end; however, safety considerations shall be of foremost concern.

(d) Fire protection.

(1) The lot size and the placement of buildings thereon shall be such that adequate clearance of hazardous, flammable vegetative cover may be performed within the limits of the development.

• (2) The roofs and exteriors of buildings shall be of fire retardant materials as provided by the Building Code.

• (3) The buildings shall be spaced in such a manner as to minimize the exposure risk, from an adjacent structural fire, from structure to structure as approved by the County Fire Department.

(4) All easements for firebreaks for the fire safety of built-up areas shall encompass access for fire-fighting personnel and equipment which may mean motorized travel in some cases; such easements shall be dedicated to this specific purpose by being recorded.

(5) Where parking lanes are not provided, a lane eight (8') feet wide and fifteen (15') feet on each side of fire hydrants shall be provided and posted “No Parking.”

(6) All brush, as determined by the County Fire Department, shall be removed and cleared within twenty (20') feet of each side of every roadway. This includes all flammable vegetation or other combustible growth. This should not apply, however, to single specimen trees, ornamental shrubbery, and cultivated ground cover, such as green grass, ivy, succulents, or similar plants used as ground covers, provided they do not form a means of readily transmitting tire where brush is removed by the requirements of the County Fire Department.

(7) That portion of any tree which extends within ten (10') feet of the top of the chimney shall be removed or trimmed.

(8) All combustible vegetation cover or other combustible growth shall be removed prior to the construction of buildings a distance of one hundred (100') feet, as specified in the Fire Code.

(9) Grass and other vegetation located more than thirty (30') feet from the structure and less than eighteen (18") inches in height above the ground may be maintained where necessary to stabilize soil erosion.

• (e) Erosion control.

(1) All manufactured slopes, other than those constructed in rock, shall be planted or otherwise protected from the effects of storm runoff erosion within thirty (30) days after the completion of the grading. Planting shall be designed to blend the slope with the surrounding terrain and development. Manufactured slopes in rock should be provided with soil pockets to contain landscaping. Irrigation facilities shall be required to provide for the proper maintenance of the planted areas.

(2) Landscaping and irrigation plans shall be submitted and approved in accordance with the established provisions of this Code and the policies for all manufactured slopes and public areas. The Council may require additional landscaping where the Council deems necessary.

(f) Parks and recreation. The provisions of Article 26 of this chapter relating to the dedication of land, payment of fees, or both for park and recreational purposes shall be applicable to land for which H-P-D permits are required. (§ 1, Ord. 224-NS, eff. September 9, 1971, as amended by § VII, Ord. 376-NS, eff. May 31, 1973, as renumbered by § II, Ord. 383-NS, eff. July 12, 1973)

No permit shall be issued for the grading of land, for the construction, erection, or moving of any building or structure, or for the use of any land subject to the provisions of this article unless an H-P-D permit has been issued in accordance with this article. Provisions of Articles 24 and 25 of this chapter shall not apply to this article. An H-P-D permit shall be approved prior to the filing of a grading plan.

(§ 1, Ord. 224-NS, eff. September 9, 1971, as renumbered by § II, Ord. 383-NS, eff. July 12, 1973, and as amended by § 8, Ord. 899-NS, eff. October 22, 1985)

(a) The applicant shall submit to the Community Development Department an application for a hillside plan development permit with the appropriate fee as prescribed by City Council resolution.

(b) The applicant shall submit statistical information and a complete development plan showing the proposed use(s) for the property, including the dimensions and locations of all proposed structures, parking spaces, streets, recreation areas, open spaces, a site-grading plan, and plotting of all trees and vegetation, and such additional information as may be requested by the Community Development Director. The application shall also include grading, phasing, the sequence of construction, and a certified soil report and geological report from a civil engineer or geologist registered with the State. A three-dimensional scale model displaying the site before and after grading, or onsite mock-ups outlining structures shall be required when deemed necessary by the Director, Commission, or Council. A certified and current topographic survey shall be submitted to verify average slopes of the entire property, and shall identify the location and area in slope categories of 0–10%, 10%–25%, and over 25%.

(§ 1, Ord. 224-NS, eff. September 9, 1971, as renumbered by § II, Ord. 383-NS, eff. July 11-1 1973, as amended by § XVIII, Ord. 581-NS, eff. August 12, 1976, § XVI, Ord. 766-NS, eff. April 16, 1981, and § 8, Ord. 899-NS, eff. October 22, 1985)

(a) The issuance of an H-P-D permit shall be approved by the Commission, and any decision of the Commission shall be appealable to the City Council. The procedures for notices, hearings, appeals, the effect of any decision and other permit processing steps shall be the same as those set forth in Article 28 of this chapter.

(b) The Commission or, if on appeal, the Council shall grant an H-P-D permit if the applicant produces sufficient proof that the development will not be injurious or detrimental to the public health, safety, or welfare, and is in compliance with the policies and intent set forth in this article. The Commission or Council may require the modification of the proposed hillside development and impose conditions to assure that the development is consistent with the policies set forth in Section 9-4.3100, and open space and conservation elements of the City’s General Plan. (§ 1, Ord. 224-NS, eff. September 9, 1971, as renumbered by § II, Ord. 383-NS, eff. July 12, 1973, and as amended by § 8, Ord. 899-NS, eff. October 22, 1985)

(§ III, Ord. 757-NS, eff. September 4, 1980, as amended by § 5, Ord. 867-NS, eff. September 4, 1984 and repealed by § 36, Ord. 1555-NS, eff. May 13, 2011)