(Added by Ord. No. 181,624, Eff. 5/9/11.)
A. Purpose. This Section sets forth procedures and guidelines for the establishment of “HS” Hillside Standards Overlay Districts in single-family residential neighborhoods in designated Hillside Areas, as defined in Section 12.03 of this Chapter, throughout the City. The purpose of the “HS” Hillside Standards Overlay District is to permit Residential Floor Area, height, and Grading limits in the R1, RS, RE, and RA zones to be higher or lower than normally permitted by this Code in areas where the proposed overlay will further enhance the existing scale of homes and/or help to preserve the existing character of the neighborhood as effectively as the limitations or requirements otherwise established in this Code; and where these changes will be consistent with the policies and objectives set forth in the applicable Community Plan.
B. Establishment of the District. The procedures set forth in Sec. 13B.1.4. (Zone Change) of Chapter 1A
of this Code shall be followed, however, each “HS” Hillside Standards Overlay District shall include only properties in the RA, RE, RS, or R1 zones. The overlay shall not generally be less than 100 acres in area; however, the 100 acres do not need to be within one contiguous boundary as long as no one subarea is less than 25 acres in area, and the entire 100 acres is located within an overall area of 200 contiguous acres. The precise boundary of a district may be adjusted for urban features such as topography, freeways or Streets / Highways. Boundaries shall be along Street Frontages and shall not split parcels. An “HS” Hillside Standards Overlay District may encompass an area, which is designated, in whole or in part, as a Historic Preservation Overlay Zone and/or Specific Plan. The “HS” Hillside Standards Overlay District shall include contiguous parcels, which may only be separated by public Streets, ways or alleys or other physical features, or as set forth in the rules approved by the Director of Planning. Precise boundaries are required at the time of application for, or initiation of, an individual overlay. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
C. Development Regulations. The Department of Building and Safety shall not issue a Building permit for a residential Structure within an “HS” Hillside Standards Overlay District unless the residential Structure conforms to the regulations set forth in a specific “HS” Hillside Standards Overlay District. The development regulations for each “HS” Hillside Standards Overlay District shall be limited to changes in the numerical values of the Residential Floor Area, height, and Grading limits in the R1, RS, RE, and RA zones stated in this Chapter (Subdivision 10. of Subsection C. of Section 12.21 - Paragraphs (a) Residential Floor Area, (d) Height Limits, and (f) Grading) and shall not result in a substantial deviation in approach, method of calculation, or measurement from the corresponding language already in place in this Chapter 1. The development regulations shall be determined at the time the overlay is established. The development regulations shall serve to enhance the existing or envisioned character of the overlay.