(a) Permit Required. Except as exempted in this Chapter, no grading or construction within 100 horizontal feet or 50 vertical feet of the crest of a Significant Ridgeline, as shown on the Hillside and Significant Ridgeline Map shall be allowed.
(b) Review Authority. The City Planner in consultation with the Building Official and City Engineer shall review Hillside and Ridgeline Development Permit Applications, make determinations of completeness, and render decisions on such permits, unless a Hillside and Ridgeline Development Permit Application is made in conjunction with another application which requires City Council approval. In this case, Hillside and Ridgeline Development Permit Applications shall be processed concurrently with the associated applications and be subject to the approval of the City Council and subject to the requirements of this Chapter. The City Planner may also refer a Hillside and Ridgeline Development Permit Application to City Council. Where the City Council conducts the review and determination regarding the Hillside and Ridgeline Development Permit Application, a public hearing before the City Council shall be required with Notice as provided in Subsection (c) hereof. Where the City Planner renders the decision on the Hillside and Ridgeline Development Permit Application, the City Planner shall provide opportunity for receipt of public comments prior to the final determination.
(c) Notice. Notice is required to be mailed to all property owners within 300 feet of the exterior boundaries of the property ten days prior to any final decision on a Hillside and Ridgeline Development Permit Application. The applicant shall be required to submit two copies of mailing labels for surrounding property owners in accordance with procedures maintained by the Planning Department.
(d) Required Findings. Prior to approving any Hillside and Ridgeline Development Permit Application, the approving authority shall make the following findings:
(1) The proposed grading or development is consistent with and serves to implement the City's General Plan;
(2) The proposed grading or development is consistent with the purpose and intent of this Chapter;
(3) That care and due diligence was exhibited in the design of the grading or development to avoid or minimize disruption to the significant natural ridgelines and designated hillside areas, to avoid sensitive biological resource habitat areas, and to preserve the visual and aesthetic qualities of hillside areas and significant natural ridgelines from the surrounding community and regional transportation corridors; and
(4) That the proposed grading or development is in compliance with the standards of this Chapter and is consistent with the Hillside Grading Guidelines and meets any other requirements of applicable laws or regulations.
(e) Application and Fees. Any requests for permits or review shall require that fees and completed application on a form provided by the Planning Department be submitted to the Planning Department in addition to any other materials, reports, plans, or other information as determined by the City Planner as required to take an action on the application.
(f) Determination of Completeness and Additional Information.
(1) Complete Application Required. Any application for a Hillside and Ridgeline Development Permit must be accepted as complete for processing by the City Planner in order to commence and initiate the application review process. All required materials, information, and fees shall be provided by the applicant before the application is deemed complete for processing.
(2) Determination of Completeness. The City Planner shall determine in writing the completeness of the application and shall transmit this determination to the applicant within 30 days. Any resubmittal shall also be subject to a determination of completeness within 30 days from subsequent filings.
(g) Abandonment of Applications. An application for a Hillside and Ridgeline Development Permit shall be deemed to have been abandoned when information and/or fees have been requested to complete the application and this information and/or fees have not been received by the Planning Department within 60 days. A new application and fees shall be required to re-initiate an application after an application has been abandoned.
(h) Who May File Application. Applications for permits and approvals may only be made by the property owner of the affected property, or with the property owner's notarized authorization for a specified agent or representative.
(I) Environmental Review. No permit or approval shall be granted subject to the provisions of the Chapter prior to the completion of applicable environmental review and determination as required by the California Environmental Quality Act and City Guidelines.
(j) Use, Grading, or Development of Land Before Final Decision. Construction or grading shall not commence until the first business day after all applicable appeal periods have lapsed or final action has occurred on any appeal.
(k) Permit Expiration. Approvals for Hillside and Ridgeline Development Permits shall lapse and become null and void 24 months from the date of approval unless the use or entitlement, or substantial construction has commenced with appropriate Building Department Permits, or unless the Permit has been extended in compliance with the provisions of this Chapter.
(l) Extensions of Time. Any request for extensions of time shall require that fees and completed application on a form provided by the Planning Department be submitted to the Planning Department in addition to any other materials, reports, plans, or other information as determined by the City Planner as required to take an action on the requested extension. The City Planner may grant an extension of 12 to 24 months based upon reasons submitted for the requested extension. Any request for extension beyond 24 months shall require filing of a new Hillside and Ridgeline Development Permit with appropriate fees, applications, and materials.
(Ord. 112, passed 3-4-2009)