Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the Director of Planning and Community Development, the reviewing authority may issue a Hillside R-1 permit to establish the following standards in accordance with the following criteria in the Hillside Area of the City:
A. Import And Export Of Material: The reviewing authority may issue a Hillside R-1 permit that: 1) allows the import or export of material from a site to exceed the standards set forth in section 10-3-2521 of this chapter, and 2) establishes the total amount of material that may be imported or exported from a site in the Hillside Area, if the reviewing authority finds that the import or export will not create a substantial adverse impact on the surrounding neighborhood. As part of this determination, the reviewing authority shall consider the street widths and street configuration in the neighborhood. The reviewing authority shall also consider haul routes, scheduling, the total number of construction-related vehicle trips associated with the project as a whole, phasing and safety precautions proposed, and any other factors that may impact the public's health, safety or welfare in the Hillside R-1 permit application.
B. Cut And Fill: The reviewing authority may issue a Hillside R-1 permit that establishes the total amount of material that may be cut from a slope and/or filled on a site in the Hillside Area in excess of that permitted pursuant to section 10-3-2521 of this chapter if the reviewing authority finds that: 1) due to the topography or soil conditions of the subject property, the landform alteration requirements of section 10-3-2521 of this chapter create a hardship for the applicant and the grading proposed will not result in a substantial adverse change to the character of the existing landforms, or 2) the landform alteration itself will benefit the character of the neighborhood or neighboring properties and such benefit will outweigh any adverse impacts that may result from such alteration. For the purposes of this subsection, a property owner's inability to develop a residence of comparable size or floor area ratio to surrounding residences shall not be considered a hardship.
C. Game Courts: The reviewing authority may issue a Hillside R-1 permit that allows a paved game court surface within five feet (5') of a property line if the reviewing authority finds that due to landscaping on the property and the location of development on adjacent sites: 1) the game court will not have a substantial adverse impact on the visual character of the area as viewed from streets and neighboring properties, and 2) the game court will not have a substantial adverse impact on the privacy and quiet enjoyment of neighboring properties.
D. Game Court Fences And Lighting Standards: The reviewing authority may issue a Hillside R-1 permit to establish the height of a game court fence or game court lighting standard in a required side yard or rear yard in excess of the height allowed pursuant to section 10-3-2517 of this chapter, if the reviewing authority finds that the game court fence or lighting standard will not have a substantial adverse impact on: 1) access to light and air by neighboring properties, or 2) the visual character of the area as viewed from streets and neighboring properties. However, in no case shall the reviewing authority allow any game court fence to exceed twelve feet (12') in height nor shall the reviewing authority allow any lighting standard to exceed twenty two feet (22') in height.
E. Floor Area: The reviewing authority shall issue a Hillside R-1 permit to allow the total of the cumulative floor area developed on a site, in combination with the floor area of all basements on that site as measured pursuant to subsection 10-3-2502B of this chapter, to exceed fifteen thousand (15,000) square feet if the floor area ratio formula set forth in subsection 10-3-2502B of this chapter would so permit and if the reviewing authority finds that the development will not have a substantial adverse impact on the scale, integrity, or character of the area or on the privacy of neighboring properties. Notwithstanding the foregoing, any existing structures that are legally nonconforming with respect to subsection 10-3-2502B of this chapter shall not be precluded from applying for the subject Hillside R-1 permit provided that the nonconformity is not increased and the structure retains its legally nonconforming status in accordance with section 10-3-4100 of this chapter. The reviewing authority may require the applicant to submit such information and reports as the reviewing authority deems appropriate to determine the nature and extent of impacts on the scale, integrity and character of the area and on the privacy of neighboring properties.
F. Large Site Floor Area: For those sites that are at least two (2) acres in area, the reviewing authority may issue a Hillside R-1 permit that establishes a maximum permitted cumulative floor area for all buildings and structures on a site in excess of that which would be allowed pursuant to section 10-3-2502 of this chapter, if the reviewing authority finds that development of that floor area will not create a substantial adverse impact on the visual character of the area as viewed from the streets and neighboring properties.
G. View Preservation: For those sites restricted by section 10-3-2522 of this chapter regarding view preservation, the reviewing authority may issue a Hillside R-1 permit that establishes a maximum building height in excess of fourteen feet (14'), and/or establishes minimum setbacks, if the reviewing authority finds that the development under the approved standards would not substantially disrupt a view of the Los Angeles area basin from the level pad which contains the primary residential building on properties within a three hundred foot (300') radius of the subject property and, that the provision of a view corridor would not create a substantial adverse impact on the visual character of the area as viewed from the streets and neighboring properties. However, in no case shall the reviewing authority establish a building height that is greater than would otherwise be allowed if the site were not governed by the provisions of section 10-3-2522 of this chapter. For the purposes of this subsection, a view "from the level pad which contains the primary residential building" shall be defined as that term is defined in section 10-3-2522 of this chapter.
H. Accessory Structures: The reviewing authority may issue a Hillside R-1 permit: 1) to allow an accessory structure of up to fourteen feet (14') in height to be located within five feet (5') of a property line; 2) to allow an accessory structure located in a yard area to exceed fourteen feet (14') in height if the second story meets the side setback required for the primary building on the site; or 3) to allow an accessory structure located in a yard to exceed fourteen feet (14') in height if the structure is located on a site area that equals or exceeds forty thousand (40,000) square feet in area; if the reviewing authority finds that the structure will not have a substantial adverse impact on the scale or character of the area, on the privacy of neighboring properties, on the neighbors' access to light and air, or on the streetscape. However, no more than one accessory structure that exceeds fourteen feet (14') in height shall be permitted in the side or rear yard areas.
I. Extension Of Side Setback: The reviewing authority may issue a Hillside R-1 permit to allow an extension of an existing nonconforming side setback that exceeds fourteen feet (14') in height provided that the existing setback is no less than three feet (3') and the reviewing authority finds that the extension will not have a substantial adverse impact on: 1) the scale and massing of the streetscape, 2) neighbors' access to light and air, 3) neighbors' privacy, and 4) the garden quality of the City.
J. Wall Height In Front Or Street Side Yard: The reviewing authority may issue a Hillside R-1 permit to allow a wall of no more than six feet (6') in height to encroach into a front yard or street side yard without otherwise complying with the requirements of subsection 10-3-2516D of this chapter if the reviewing authority finds that the wall will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the City.
K. Expansion Off The Existing Level Pad: The reviewing authority may issue a Hillside R-1 permit to allow more than one thousand (1,000) square feet of cumulative floor area to be located off the level pad if it finds that the development will not have a substantial adverse impact on the scale, integrity, or visual character of the surrounding area, or on the privacy of neighboring properties, and the reviewing authority may require the applicant to submit such information and reports as the reviewing authority deems appropriate to determine the nature and extent of the impacts on the scale, integrity, and visual character of the surrounding area and on the privacy of neighboring properties.
L. Total Maximum Height Of Wall, Fence, Or Hedge: The reviewing authority may issue a Hillside R-1 permit that allows the height of a wall, fence, or hedge, as measured on the side farthest from the closest property line to exceed the standards set forth in section 10-3-2516 of this chapter, if the reviewing authority finds that: 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor's access to light and air, neighbor's privacy, or the garden quality of the City, and 3) the deviation is necessary to allow for appropriate development on the subject site.
M. Series Of Walls: The reviewing authority may issue a Hillside R-1 permit that allows a series of walls to deviate from the standards set forth in section 10-3-2516 of this chapter that limit the number and height of series of retaining walls if the reviewing authority finds that: 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor's access to light and air, neighbor's privacy, or the garden quality of the City, 3) the deviation is necessary to allow for appropriate development on the subject site, and 4) there is no less than three feet (3') of landscaped area provided between two (2) walls in a series.
For the purposes of this section, a "substantial adverse impact" shall mean an adverse impact that is material and readily perceptible.
Except as explicitly provided in this section, no Hillside R-1 permit shall be construed as a waiver of any requirement of this chapter. (Ord. 85-O-1953, eff. 7-4-1985; amd. Ord. 86-O-1977, eff. 10-2-1986; Ord. 92-O-2147, eff. 9-4-1992; Ord. 94-O-2202, eff. 7-22-1994; Ord. 94-O-2228, eff. 1-13-1995; Ord. 95-O-2239, eff. 7-7-1995; Ord. 95-O-2242, eff. 8-5-1995; Ord. 16-O-2708, eff. 9-30-2016; Ord. 18-O-2751, eff. 4-6-2018; Ord. 19-O-2778, eff. 5-3-2019)