Sec. 26-59. - Hillside overlay.

(a)

Purpose. It is the intent of the City that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:

(1)

To assure the orderly development of hillside areas.

(2)

To achieve land use densities that are in conformance with the General Plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting "density transfers" in order to achieve specific economic, energy, environmental and aesthetic objectives.

(3)

To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.

(4)

To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon City services and fiscal resources.

(5)

To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.

(6)

To encourage hillside development that will leave a residual amount and pattern of undeveloped land, to form the nucleus of a viable open space system in the San Jose Hills.

(7)

To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.

(8)

To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.

(9)

To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills to retain the sense of identity and image that these hill areas impart to the City and its environs.

(10)

To assure that streets, public utilities and facilities are designed and constructed in an orderly, well managed, planned manner; with each development taking into consideration its impact on existing and future development in the area.

(b)

Application.

(1)

Hillside areas shall be designated on the zoning map by an "H" overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.

(2)

Before the "H" overlay zone is applied to, or removed from, the zoning map, the Planning Commission shall hold a hearing and based on the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.

(c)

Procedure.

(1)

The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any

subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the General Plan, applicable specific plans, this chapter, grading ordinances, etc.

(2)

Site plans shall include:

a.

The location of the dwelling units on the building pads;

b.

Delineation of the planted and unplanted portions of the site;

c.

Fire trails/roads;

d.

Structures in the open space areas; and

e.

Any other information the planning division deems is necessary for review.

(3)

No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan.

(4)

In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the General Plan:

a.

An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.

b.

A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures.

(d)

Slope computation.

(1)

The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula: S = 100IL/A

a.

Where:

S is the average slope in percent.

I is the contour interval in feet.

L is the combined length of contour lines in scale feet.

A is the gross area in acres of the parcel or as applicable.

b.

In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the City's subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.

(e)

Prohibitions on development of excessive slopes. Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible.

(f)

Permitted density. The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.

(g)

Density transfer.

(1)

The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-59(j).

(2)

The density transfer shall be applied to all hillside (H) properties where:

a.

A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.

b.

A density transfer will substantially lessen the service costs.

c.

A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state.

d.

A density transfer will leave substantial portions of the site ungraded.

(3)

It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.

(h)

Design standards for lots utilizing density transfer.

(1)

The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the Planning Commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.

c.

The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit.

d.

Building design shall be compatible to the specific site, the hillside, and neighboring developments.

e.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the City building and fire departments.

f.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(i)

Design standards for lots not utilizing density transfer.

(1)

The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-59(g).

a.

Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.

b.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the City building and fire departments.

c.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then the City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(j)

Criteria for selecting the open space areas in a density transfer design.

(1)

The developer in formulating, and the planning division/ Planning Commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas.

a.

Lands with steep slopes.

b.

Lands that have outstanding scenic or ecological value.

c.

Lands that would assist in the creation of an open space system.

(k)

Regulations for open space areas.

(1)

Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract's residents.

(2)

Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the City to enforce the restriction.

(3)

The City may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval and shall be delineated on the final map.

(l)

Landscaping plans.

(1)

As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the Community Development Director or their designee or duly authorized representative.

(2)

In acting upon landscaping plans, the Community Development Director or their designee shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes

for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.

(3)

Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.

(4)

Planting and irrigation system plans shall address the following:

a.

All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the Community Development Director or their designee) shall be installed to uniformly cover all planted areas.

b.

Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of onethird (⅓) shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Community Development Director or their designee. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.

c.

Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the Community Development Director or their designee.

d.

Irrigation details. Fully automated irrigation systems are required unless waived by the Planning Commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth.

1.

Minimum requirements for low slopes to fifteen (15) feet in vertical height:

(i)

A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.

(ii)

If the Community Development Director or their designee finds the slope is located in an area which makes hand watering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.

2.

Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official.

3.

Special requirements for sprinkler systems:

(i)

Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the Community Development Director or their designee prior to installation.

(ii)

Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.

(iii)

A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

(iv)

A functional test of the sprinkler system shall be performed by the installer prior to approval.

(v)

Sprinkler systems shall be fully automatic unless waived by the Planning Commission.

(vi)

The irrigation system shall comply with article III, division 5 and Planning Commission Resolution No. 1192-4718.

Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance.

(5)

All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of article III, division 5 of this Code and Planning Commission Resolution No. 11-924718.

(6)

Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by The Western chapter International Society of Arborists.

(7)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(m)

Landscape Maintenance. The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced, if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division.

(n)

Incentives. In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)