Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Building Commissioner shall use the following procedures to determine whether the proposed action is governed by provisions of this Chapter and whether a hillside protection permit is required for a parcel or part of a parcel.
(a) The average percent slope shall be calculated and this information shall be supplied by the applicant at the time of filing of the application with the City.
(b) The application shall be reviewed by the City Engineer who shall then notify the Building Commissioner if a hillside protection permit is required.
(c) If a hillside protection permit is required, the owner/developer shall be required to include hillside control measures with grading, hydrological and landscaping plans as specified in Section 1169.04
. These plans shall be submitted to the City Engineer for approval.
(d) If it is determined by the Building Commissioner that the action is governed by these provisions, then a hillside protection permit shall be required before a building permit or subdivision permit is issued to the owner or developer by the City. A hillside protection permit shall be issued in phases as determined by the Building Commissioner and the City Engineer before the next phase permit will be issued.
(e) The Commission shall have the authority to request the owner to modify the hillside protection plans and preliminary plat plans in hillside areas to better meet the standards and control measures of this Chapter, to protect the health and welfare of the adjacent property owner and to protect the surrounding hillside and its natural topography.
(f) The Commission shall have the authority to modify or waive building setback requirements on a lot by lot basis. This authority shall be based on a greater concern for the protection of the surrounding hillside and its natural topography.
(g) The Commission shall have the authority to require the owner to place structures on the portion of the property to be developed that has a slope of less than twelve percent (12%) when this is feasible and possible within the confines of the area to be developed.
(h) The Commission shall approve hillside control measures, subdivision and building plans or preliminary plot plans for hillside areas if it finds based on the examination of the required studies, plans and improvements and upon the recommendations of the City Engineer that the proposed development is consistent with development policies and basic technical standards set forth in this Chapter provided, however, that the Commission may deny a permit if it is in the Commission's opinion that the proposed project is so designed or will be so located, constructed and maintained that the public health, safety and welfare will be endangered.