(A) Intent and purpose.
(1) The purpose of this article is to encourage design excellence and high quality projects that will: maintain existing rural character, conserve landforms and natural landscape, preserve wildlife habitats, protect/preserve viewsheds, ensure that developments are designed to fit with the characteristics and constraints of the site, and to protect life and property from sites that are constrained by slope stability, landslide hazard, fire hazard, and fault zones.
(2) The Board of Supervisors recognizes that the hillsides and ridgelines within the County of San Benito are a unique resource. Therefore, the Board of Supervisors, through the provisions herein contained, desires, and intends to preserve and protect the ridgeline and hillside areas by regulating development that would degrade these areas.
(B) Applicability.
(1) Except as otherwise provided herein, the provisions of this article shall apply to all proposed new residential land uses, buildings, structures, or building additions which require a building permit and which are located on slopes greater than 15% or meet all of the following criteria:
(a) Located along the viewshed corridors of Highway 101, Highway 156, Highway 25 north of Panoche Road, and Fairview Road; and
(b) Located at an elevation of 200 feet or higher above the identified viewshed corridor; and
(c) Located in a place that is visible from the nearest point along said viewshed corridor and one and one-half miles in either direction along the viewshed corridor.
(2) This article does not apply to any agricultural use permitted by right in any agricultural zone district or to any land within the boundaries of the adopted Santana Ranch Specific Plan, as approved by the Board of Supervisors on November 2, 2010, or the adopted Fairview Corners Specific Plan, as approved by the Board of Supervisors on November 6, 2012, said areas having been classified as Areas of Special Study prior to the effective date of the ordinance codified in this title.
(C) Development prohibited on steep slopes and near ridgelines.
(1) Residential and urban development on hillsides with 30% or greater slope is prohibited.
(2) Development within 100 vertical feet of any ridgeline is prohibited unless there are no site development alternatives.
(D) Hillside/ridgeline design review required.
(1) For all proposed new residential land uses, developments, buildings, structures, or building additions located in the subject to this section, the property owner shall submit to the County Planning Department a request for design review approval for each structure(s).
(2) In order for the Planning Department and Planning Commission to make a determination on each proposed structure, staff or the Planning Commission may require the applicants to submit information for review including but not limited to: story pole analysis, landscaping plans, color palettes, grading plans, elevations and photo representations of the proposed structure.
“Story poles” are used to show the general outlines of a proposed structure.
(3) All design review applications in the area subject to this section shall be reviewed and approved by the Planning Commission, with notice to neighboring property owners.
(E) Hillside/ridgeline design criteria. Approval or denial of a design review application shall be based upon the general findings for design review approval in § 25.02.001 of this title and the following criteria:
(1) The location of structure(s) reasonably balances the need for grading, visual impact of such structures and the views from such structures;
(2) Adequate landscaping is installed necessary to assist in mitigating the visual impact of structures;
(3) Colors proposed for structures are consistent with the requirements of these conditions;
(4) The height of structures balance visual impacts, architectural design, and ensure that structures are consistent with any proposed mitigation measures set forth in the environmental document.
(5) The above criteria shall be reasonably interpreted to balance the interests of the community and property owner, and should be interpreted without imposing arbitrary limits on height, size or other design characteristics, but rather to ensure that each lot is developed in accordance with its unique location, topography, and vegetation, and to incorporate reasonable hillside mitigation measures, such as landscaping, building material(s) and color palettes and which ensure the property owner(s) of the reasonable use and enjoyment of their property.
(F) Definitions. The following are hillside-related terms, defined in the Glossary in Chapter 25.09 of this title.
(1) Access Road.
(2) Accessory Structure.
(3) Average Slope.
(4) Balance.
(5) Constraint.
(6) Contour.
(7) Contour Grading.
(8) Cut.
(9) Cut and Fill.
(10) Cut-Off Standards.
(11) Decision Making Body.
(12) Density.
(13) Director.
(14) Driveway.
(15) Emergency Access.
(16) Erosion.
(17) Export.
(18) Fill.
(19) Finish Grade.
(20) Floor Area, Gross.
(21) Floor Area Ratio (FAR).
(22) Grading.
(23) Hardscape.
(24) Hillside Lot.
(25) Intensity of Development.
(26) LRDA (Least Restricted Development Area).
(27) Manmade Slope.
(28) Minimal Grading.
(29) Natural Slope.
(30) Net Lot Area.
(31) Pad.
(32) Remodel.
(33) Ridgeline.
(34) Riparian Corridor.
(35) Scar.
(36) Site Analysis.
(37) Slope.
(38) Slope Density Formula.
(39) Slope Transition.
(40) Viewing Area.
(G) Conflicting regulations. In the event of conflict between the provisions of these hillside development regulations and any other regulations applicable to the same property and proposed use thereof, the more restrictive provisions shall govern.
(H) Violations and enforcement. It shall be unlawful to construct or remodel any building located within a sensitive viewshed area in violation of these hillside development regulations. Any construction or remodel contrary to the provisions of these hillside development regulations is unlawful and a public nuisance and shall be abated, eliminated, and enjoined as provided in Chapter 1.03 (Code Enforcement) of the County Code.
(I) Appeal. Any person aggrieved by any decision of the Director of Planning may appeal said decision as provided for in § 25.01.008 of this code.
(Ord. 1043 § 3 (part), 2022)