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(A) A Hillside Planned Development District may be established upon an application of the property owner or owners or upon the initiative of the city.
(B) Prior to the extensive preparation or submittal of detailed plans and information the applicant is required to submit a preliminary proposal to the Community Development Department so that the applicant may be informed of possible environ-mental concerns, General Plan and engineering requirements, circulation, siting and design criteria and other factors that may affect the proposal.
(C) A preliminary development plan for a proposed HPD District shall be submitted for Planning Commission approval. In considering the preliminary development plan at its public hearing, the Commission shall determine its appropriateness based on its ability to meet the purpose of this article. In no case shall approval of the preliminary develop-ment plan constitute an endorsement of the proposal's precise location, extent of uses, configuration of parcels or engineering feasibility.
(D) Once a preliminary development plan has been approved by the Planning Commission a final development plan may be submitted to the city. The review and approval procedure and findings for a final development plan for a HPD District shall be the same as that for a P-D District. If approved the property shall be rezoned as an HPD District and so indicated on the zoning map of the city.
(E) A use permit shall be required prior to the construction of any phase of an approved HPD District and shall follow the same review and approval procedure as outlined for P-D Districts.
(F) The required submittal materials for HPD District approval shall be as listed in the application package available from the Community Development Department.
(Ord. 897-C-S, passed 10-25-94)
(A) The development standards and criteria set forth in this section are the minimum necessary to insure that the intent of this article is achieved. Such standards and criteria recognize the unique nature of hillside areas and are designed to provide greater flexibility so that more innovative development schemes are possible. Despite the intended flexibility, there may arise unique circumstances in which the development standards and criteria set forth in this section may result in severe hardship or produce results counter to the stated intent of this chapter. Where these circumstances are proven to exist, exceptions to such standards may be permitted coincidental with the approval of the Hillside Planned Development District.
(B) It is the expressed intent of this section that innovative development techniques be utilized in hillside areas, therefore flexible lot standards shall be allowed. To this end, minimum yard or lot areas, lot widths, lot depths, distances between buildings, maximum lot coverage and/or rear yard access requirements shall be specific for each HPD District and approved with the final development plan and use permit for each project. This provision shall be consistent with any and all fire, building or other safety codes.
(C) In approving an HPD, the degree to which the proposed lot specifics meet the intent of this chapter shall be evaluated based on the following:
(1) The manner in which the proposal relates to the natural topography;
(2) The degree to which grading and cut and fill operations are minimized;
(3) The stability of the soil and underlying geology;
(4) The degree to which unique natural features, such as rock outcroppings, ravines, creeks, and steep hill faces, are preserved;
(5) The effect on native vegetation and the extent to which landscaping enhances the character-istics of the area;
(6) The vehicular accessibility;
(7) The extent to which parking areas are well-designed and functional;
(8) The degree to which dwelling units relate to recreational and natural areas;
(9) The degree to which individual privacy is provided for; and
(10) The degree to which the project relates to adjacent existing and future developments.
(D) The design of building, fences, and other structures shall be in harmony with and enhance natural site characteristics in regard to height, massing, texture, color, reflective properties, roof characteristics, and setbacks. Fences shall not extend vertically into any areas where the visual quality of a hillside would be disrupted nor shall the roofing of any structure be situated so as to visually extend above any significant ridgeline when viewed from off-site.
(E) (1) Hillside streets should reflect a rural rather than an urban character. Curbs and gutters will be required, unless it can be shown that an alternative pavement treatment will permit adequate drainage and will not adversely impact the roadway base.
(2) Horizontal and vertical street align-ments should relate to the natural contours of the site. Proposed street designs shall minimize grading to the extent feasible and shall account for the following:
(a) The steepness of the terrain;
(b) The depth of the cut, the amount of cut and hill required and the height and appearance of required retaining walls;
(c) The ability to grade required cut and fill areas to give the appearance of natural slopes;
(d) The provision of off-street parking to compensate for any inability to provide on-street parking;
(e) The provision of adequate turnouts;
(f) The adequacy of site distances provided;
(g) The safety of driveway entrances;
(h) The maximum number of dwelling units which can ultimately be served by the streets;
(i) The length of the street and its potential to become a through street; and
(j) The provision of access for emergency vehicles.
(3) To better match a project's streets with its natural setting, varied right-of-way widths, off-street rather than on-street parking, split level streets and a variety of street designs (e.g., cul-de-sac, hammerheads, short loop streets) may be considered. Private streets or lanes may be allowed where they will create a more desirable living environment and result in a more effective use of hillside amenities.
(4) Street lighting used in an HPD District shall be low profile, unobtrusive, and designed to enhance the rural character of the area while providing adequate safety and security.
(F) (1) A pedestrian circulation plan shall be provided to ensure adequate separation between vehicular and pedestrian traffic. The need for public sidewalks shall be determined by their expected levels of use and may be waived where appropriate. Private walkways/paths connecting dwelling units with each other and with various components of the HPD District may be utilized and shall be the responsibility of a homeowners' association or other maintenance mechanism.
(2) Bicycle and equestrian trails, if provided, shall be integrated into an overall plan for the HPD District and, where possible, provide linkage to a city-wide and/or regional trail system.
(G) (1) Where the General Plan and/or an adopted Specific Plan designates any portion of an area as open space, it shall be reflected in the proposed development plan. Any area not previously designated as open space but which lends itself to such use should be similarly identified on the development plan. Areas proposed as open space should include irreplaceable natural features such as stream beds, significant stands of trees, individual trees of significant size, age and/or appearance, exposed or steep slopes, significant ridgelines and rock outcroppings. Natural features of lesser significance which nonetheless are aesthetically important shall be preserved.
(2) Dedication of open space as a part of a public open space or park system may be required. Where such offer of dedication is not accepted, the development shall provide for the maintenance and preservation of such open space through covenants or other legal arrangements acceptable to the Council. Common private open space which is permanently maintained as a landscaped park or recreational area may be eligible for credit toward the development's park dedication requirements.
(H) All new utilities shall be installed under-ground and shall conform to the rules and regulations of the State Public Utilities Commission. Drainage and flood control devices shall be integrated into the landscape and, where feasible, natural-appearing drainage ways shall be used.
(I) A Stormwater Control Plan shall be prepared by an engineer, or equally qualified professional as determined by the City Engineer. The City Engineer may require that the Stormwater Control Plan be prepared by a licensed civil engineer. All architectural, civil engineering, and landscape site plans shall be consistent with the storm water control plan.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05) Penalty, see § 9-5.2904
(A) Any parcel of land subject to this article shall not be graded unless such grading is specifically shown on an approved final development plan. Grading shall be planned so that it blends into the natural landscape of the site and lessens any associated negative visual impacts from such grading. The use of 2:1 slopes shall be avoided, as shall the use of benches. Where allowed, 2:1 slopes and benches shall be of limited height and designed so that they are situated and/or screened by structures to minimize visibility from public rights-of-way and off-site properties. While mass grading is generally prohibited, the grading of less significant land forms is allowable, as is the grading of more significant natural features, provided such modifications will result in an improvement of the overall project and are in keeping with the overall intent of this article.
(B) In steeper areas and areas of greater visibility, grading should generally be limited to that portion of the site required for the structure and limited associated outdoor area. The use of retaining walls, terracing, platform structures, and stepped or post and beam construction shall be used to minimize the impacts of grading on steeper slopes. In areas of lesser slopes, limited padding may be allowed where it could provide for the clustering of development and would otherwise promote the intent of this article.
(C) Grading plans shall be reviewed to ensure that any land form modifications will not adversely impact adjacent property owners and that proposed grading will be able to blend into any existing and future development on adjacent parcels.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904
A final development plan shall expire two years after date of approval or at an alternate date specified as a condition of approval, unless there has been any activity in that HPD District (e.g., a use permit has been approved or a building permit issued for any development phase of the HPD) or an extension has been granted.
(Ord. 897-C-S, passed 10-25-94)
A final development plan approval may be extended by the Planning Commission for a two-year period without notice or public hearings, if the findings required remain valid. The Planning Commission may modify the final development plan and/or add conditions of approval at this time based on this review.
(Ord. 897-C-S, passed 10-25-94)
(A) A request for modifications to the conditions of approval for a final development plan shall be treated as a new application, unless the Zoning Administrator finds that the changes proposed would be non-controversial, minor, do not involve sub-stantial alterations or additions to the plan, and are consistent with the intent of the original approval.
(B) If an application for a final development plan is denied, no new application for the same, or substantially the same, final development plan shall be filed within one year of the date of last denial, unless the denial was made without prejudice.
(Ord. 897-C-S, passed 10-25-94)
ARTICLE 25: PLANNING COMMISSION AND ZONING ADMINISTRATOR
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