City Ordinance - Hillside Zones
7.3.504: HS - HILLSIDE AREA OVERLAY
A. Description, Purpose And Objectives:
1. Description: Certain areas of the City are characterized by significant natural features that include ridgelines, bluffs, rock outcroppings, vegetation, natural drainageways, wildlife habitat, geologic conditions and slopes that contribute to the attractiveness of the community.
2. Purpose: The purpose of the hillside area overlay or HS is to specify conditions for any type of development to ensure that these areas retain their unique characteristics, to safeguard the natural heritage of the City, and to protect the public health, welfare and safety. It is the intent of these regulations to ensure that development within this overlay zone is compatible with, and complements the natural environment as well as to minimize physical damage to public and private property. It is furthermore the purpose of this section to allow a degree of development flexibility to protect the hillside environment. Many of these physical features if disturbed for the purpose of development can cause physical damage to both public and private properties. Development in areas designated as hillside area overlay requires special care on the part of both the public and private sectors. Review of development proposals for property within the overlay should recognize the various City Code requirements and the need to balance their application with the physical attributes of the property.
3. Objectives: The HS overlay may be used with any zone district in the City when needed to meet the following objectives:
a. To conserve the unique natural features and aesthetic qualities of the hillside areas;
b. To provide safe and convenient access to hillside areas;
c. To minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs;
d. To assure type, distribution and densities of development which are compatible with the natural systems, the terrain, and the geologic character of hillside areas;
e. To assure that the taxpayers of Colorado Springs are not burdened by extraordinary costs for services attributable solely to the development of hillside areas;
f. To encourage innovative design solutions which meet the purpose of the HS overlay zone district; and
g. To preserve wildlife habitat and wetland areas which provide wildlife migration corridors.
The characteristics of hillside areas mean that special care and consideration are necessary in the design of these sites. The PUD zone district allows for optimal flexibility in lot design, lot size and building setbacks to conform most appropriately with the purpose of the hillside area overlay. The PUD zone district is preferred in conjunction with any proposed development in the HS overlay.
The use of the design flexibility overlay zone, because of its more rigid standards and lot averaging provisions, is discouraged within areas designated with the HS overlay or when requesting the HS overlay zone district.
In order to expedite the formal review of a development proposal in the HS overlay zone, applicants are strongly encouraged and requested to meet the spirit and intent of the hillside design manual and to contact the Community Development Department and request a preliminary review. The purpose of this preliminary review is to identify and resolve issues prior to the formal submittal. The issues associated with hillside development are complex and preliminary review is likely to reduce the formal review time.
B. Applicability:
1. Requirements, Review Criteria: The predominant development type in hillside areas is single-family detached housing. Development plan submittal requirements, development plan review criteria and site plans/lot grading plan evaluation criteria in this section are primarily intended to address issues associated with that development type. For multi-family residential and nonresidential development proposals, the above referenced requirements and review criteria shall be addressed, recognizing that these requirements will apply on a sitewide rather than a lot by lot basis. All other requirements and criteria as set forth in this section shall be applied to all development proposals.
2. Approvals Required: No building or structure may be erected, reconstructed or structurally altered on land which is designated on the zoning maps of the City as being in a hillside area overlay, nor shall such land be subdivided, graded or otherwise disturbed for development, subdivision, or any other purpose unless such construction, subdivision, disturbance, or development is undertaken in accord with the requirements set forth in this section and this Code.
3. Exemption: It is recognized by the City that not all land within the hillside area overlay has the characteristics of the hillside area overlay. The nature of the exemption request determines the process the property owner must follow.
a. If a property owner is requesting an exemption from all of the requirements of the hillside area overlay it will be necessary to rezone the property. The process for a change of zone is described in article 5, part 6 of this chapter.
b. If a property owner is requesting an exemption from some of the requirements of the hillside area overlay the exemption process is keyed to the requested action.
(1) Building Permit: Upon written request from the landowner or authorized representative, the Manager, upon consultation with City Engineering, the Fire Department, Traffic Engineering and Utilities, may exempt property from part of the requirements of this section. The exemption may be granted if the requested property is not characteristic of the hillside area overlay so described in this section. The landowner or the authorized representative shall submit in writing a letter stating the reason for any requested exemption and list all exemptions being sought. This letter must be accompanied by a legal description of the property. Within fifteen (15) working days of receiving the exemption request, the Manager shall respond in writing. The request will be evaluated based upon its conformity with the purpose and objectives of the hillside area overlay.
(2) Development Plan Or Subdivision Plat: Upon written request from the landowner or authorized representative, the Manager, upon consultation with City Engineering, the Fire Department, Traffic Engineering and Utilities, may exempt property from part of the requirements of this section. The exemption may be granted if the requested property is not characteristic of the hillside area overlay so described in this section. The landowner or the authorized representative shall submit in writing a letter stating the reason for any requested exemption and list all exemptions being sought. This letter must be accompanied by a legal description of the property. Within fifteen (15) working days of receiving the exemption request, the Manager shall respond in writing. The request will be evaluated based upon its conformity with the purpose and objectives of the hillside area overlay.
C. Land Suitability Analysis:
1. Purpose: The land suitability analysis provides the basic information about a site's physical characteristics and features needed to assess the impact of proposed development both on and off the site. The report shall consist of both a written and graphic analysis of the physical/environmental factors which affect the site.
As not all sites will contain all of the elements listed, or because some sites may have unique considerations, the Manager may waive certain elements of the land suitability analysis or require additional analysis. The landowner or the authorized representative shall submit in writing a letter stating the reason for any requested waiver and list all exceptions being sought.
2. Required: A land suitability analysis shall be required in conjunction with the City's review of the following:
a. New master plan;
b. Major amendment to a master plan; and
c. Hillside development plan.
3. Exception: A land suitability analysis will not be required for hillside development plans which consists of only one single-family home.
4. Components Of The Land Suitability Analysis:
a. Slope Analysis: Identification of slope ranges for parcels in order to assess the potential number of sites for intensity of development and difficulty in provision of infrastructure and emergency services. Slope analysis shall be provided in the following increments and use a contour interval of two feet (2'):
(1) Zero to eight percent (8%) generally suitable for development;
(2) Eight (8) to twelve percent (12%) increased potential for engineering difficulties; moderate potential for activating site hazards;
(3) Twelve (12) to fifteen percent (15%) increased potential for engineering difficulties; moderately high potential for activating site hazards;
(4) Fifteen (15) to twenty five percent (25%) high potential for activating hazard potential; and
(5) Twenty five percent plus (25%+) very high potential for development difficulty and severe hazard potential.
b. Vegetation And Wildlife: Grasslands, scrub oak and similar shrubs, and coniferous tree cover are major components of hillside areas. Analysis shall show the physical location of vegetation and the following items:
(1) Ecosystems defined by the Colorado Forest Service;
(2) Assessment of wildfire hazard potential; and
(3) Wildlife habitat and migration corridors.
c. Geology, Soils And Natural Features:
(1) Geologic analysis, including identification of significant natural features and geologic hazards and constraints which require unusual mitigation during design and construction of structures and/or infrastructure (i.e., downslope creep, debris flow, flood hazards, rockfall hazards and underground mines);
(2) Soils analysis, utilizing information from the Soil Conservation Service, U.S. Forest Service; and
(3) Natural and manmade features, including identification of significant site features such as streambeds and other drainage, ridgelines and existing land uses. The Colorado Springs urban growth area inventory of significant natural features shall be consulted in identifying these features.
d. Topographic Map: Topographic map using a two foot (2') contour interval.
e. Analysis Package:
(1) Composite Map: The various components of the suitability analysis shall be overlaid and as a result a composite of opportunities and constraints map shall be prepared to support any proposed land use.
(2) Written Text: A summary of the existing site features and constraints and how the development of the site will occur in a manner which considers both the opportunities and constraints. The analysis must address mitigation for the site's physical constraints and hazards.
D. Hillside Development Submittal Package:
1. When Required: Before the submittal of a subdivision plat, a hillside development submittal package that conforms to the criteria of section 7.5.502 of this chapter and this section must be approved. The subdivision plat may be submitted concurrently with the hillside development submittal package. If the property has been granted an exemption per this section, then the development submittal package may be modified accordingly.
2. Submittal Requirements:
a. Master Facilities Plan:
(1) Objective: The nature of construction in hillside areas requires that street design, drainage facilities and utilities be reviewed in conjunction with the development plan. This additional level of review will help assure that the components of street construction in the hillside area overlay will reduce the amount of land disturbance and protect the public safety.
(2) Components:
(A) Preliminary design of all streets to include:
(i) Grades: Existing and proposed centerline grades and separate curb line grades if significantly different;
(ii) Curve Data: Vertical curve data, K values and design speed;
(iii) Intersection Stationing: Only minor street grade/elevation changes will be allowed between preliminary and final approved street plans. Allowed changes will be those which do not affect health, safety or welfare or cause significant terrain disturbance.
(B) Drainage facilities, including stormwater quality control facilities, and utilities to include telecommunications;
(C) Plan view of all structures, such as retaining walls;
(D) Typical street section for all proposed streets to include utility and drainage facilities;
(E) All off street facilities/improvements including necessary easements;
(F) Preliminary drainage report, per drainage criteria manual;
(G) Note for all master facility plans and construction plans:
(i) Construction of gas and electric facilities in twenty four foot (24') and twenty foot (20') street widths will necessitate installation prior to curb construction. Contractors will be required to stake curbs and finish grade to within six inches (6") of subgrade prior to gas and electric installation. Gas will not install steel lines of any size or plastic lines larger than four inches (4") in these twenty four foot (24') and twenty foot (20') streets.
(ii) The Fire Department and Water Services Division reserve their option to set requirements for access width, turning mechanisms, intermediate and terminal turnarounds and special features needed to achieve their operational requirements.
(iii) The order of construction shall be as follows:
(a) Wastewater;
(b) Storm sewer, if required;
(c) Water;
(d) Electric;
(e) Telecommunications; and
(f) Gas.
b. Land Suitability Analysis: A land suitability analysis shall be submitted with the development submittal package. The map component of the land suitability analysis shall be at the same scale as the development plan. Refer to subsection C of this section for specific components of a land suitability analysis.
c. Grading Plan, Erosion And Stormwater Quality Control Plan, Reclamation And Maintenance:
(1) Objective: The primary objectives of the grading, erosion, stormwater quality control and reclamation plans are to minimize terrain disturbance, provide erosion and stormwater quality control measures and to restore and stabilize those areas which are disturbed.
(2) When Required: Plans for grading, erosion and stormwater quality control shall be submitted by the applicant with the development plan, development plan amendment, plat or replat, whichever is applicable, in any designated hillside area. When deemed appropriate, the Manager may allow a hillside grading plan to be submitted, reviewed and approved in conjunction with the review of a concept plan for a hillside zoned project. Grading approved in conjunction with concept plan applications is limited to the grading necessary to install streets and/or utilities. No land so designated shall be subdivided, graded, or otherwise disturbed for purposes of development, or any other purpose until the plans for grading, erosion and stormwater quality control are approved by the Manager and the City Engineer.
(3) Requirements: The grading plan shall meet all the requirements of the Subdivision Code. In addition, the grading plan shall show all areas to be disturbed by excavation and fill and shall show proposed final contours for these areas. The contour interval shall be two feet (2') and the horizontal scale one inch equals fifty feet (1" = 50') unless otherwise approved by the City Engineer. Street grades and elevations shown shall be in conformance with the preliminary street profiles.
The erosion and stormwater quality control plan shall state in detail the measures to control erosion and the quality of stormwater runoff due to any land disturbance. The erosion and stormwater quality control plan shall meet all the requirements of section 7.7.1504 of this chapter and the "Drainage Criteria Manual, Volume II: Stormwater Quality Policies, Procedures And Best Management Practices". No cleared, graded or otherwise disturbed land may be left without temporary protective stabilizing cover longer than sixty (60) days or without permanent cover longer than one year from the date of disturbance as described in the erosion and stormwater quality control plan. All necessary erosion control measures shall remain in place and be maintained until effective stabilization is achieved. The reclamation plan or program shall state in detail how each type of restoration situation will be dealt with, recognizing that different combinations of slope and material may require varied stabilization methods.
All grading plans prepared and submitted under this subsection shall include plans for limiting ecological damage through restrictions on the use of construction equipment and placement of supply and equipment storage areas and measures for drainage and erosion control to be employed during construction. Whenever possible and wherever appropriate, erosion control and restoration shall incorporate the use of live native plant materials. Criteria for treatment shall include visual compatibility with the surrounding landscape, sustained survivability under arid conditions and effectiveness in prevention of soil erosion and slope failure.
(4) Obligation To Maintain: All facilities, vegetation and other items required by the approved grading, erosion and stormwater quality control and reclamation plans shall be properly maintained by the owners of the property. Such maintenance shall include, but not be limited to, keeping all erosion control facilities in good order and functional, repairing any erosion damage that occurs, keeping all vegetation healthy and in growing condition and replacing any dead vegetation as soon as practical. This obligation to maintain shall not apply to individual lots except as the individual lots may be subject to maintenance obligations incurred under the approved grading, erosion and stormwater quality control and reclamation plans and except for obligations incurred on an approved hillside site plan/lot grading plan.
(5) Revisions: Any proposed revisions to approved grading plans and erosion and stormwater quality control plans shall be submitted to the Community Development Department for review and shall be acted upon by the Manager and the City Engineer within ten (10) working days of receipt. These revisions shall be in compliance with the development plan.
(6) Assurances: A letter of credit or surety bond shall be required to assure restoration of areas disturbed during grading of the overall development to install the roads, utilities, drainage facilities/detention ponds/stormwater quality control facilities, etc. Restoration shall be in accord with the approved erosion and stormwater quality control and reclamation plans. Submittal of this letter of credit or bond is not required for final plat approval but is required prior to any land and/or vegetation disturbance or prior to issuance of any building permit, whichever occurs first.
d. Hillside Development Plan: In addition to the normal development plan submittal requirements, hillside development plans shall also include the following:
(1) Building Lots: The location of building lots and the building envelopes within these lots are essential to the quality of hillside development. The overall layout of the building lots and the building envelopes should be drawn with consideration of the following factors:
(A) Lots and building envelopes should be located to preserve significant vegetation and features in preservation easements or common open space;
(B) Lots and building envelopes should be located to allow significant variation in front and side yard setbacks to avoid a repetitious appearance along the street frontage;
(C) Slopes greater than twenty five percent (25%) shall be avoided;
(2) Street Type And Placement: The development plan shall demonstrate that each proposed building lot meets the following standards:
(A) Adequate Access: Adequate vehicular access to each individual building lot. Adequate access will be evaluated based upon:
(i) Driveways should follow the natural contour of the land. However, cut and/or fill for driveway construction will be considered on a case by case basis. Cut and fill slopes should be limited to four feet (4') in height and no more than two (2) 4-foot tiers in total. There should be a minimum horizontal separation of four feet (4') between each tier and the face of the retaining wall will be screened by vegetation. It is recognized that in some circumstances one retaining wall will allow the amount of land disturbance to vegetation removal to be minimized. In cases where it can be demonstrated that one retaining wall will be beneficial, the maximum height shall be six feet (6');
(ii) A maximum slope of twenty percent (20%) for individual driveways and fifteen percent (15%) for a shared driveway. When the driveway serves a required Fire Department access the width shall be a minimum of twelve feet (12') and not greater than twelve percent (12%) grade;
(iii) The amount of significant vegetation proposed to be removed;
(iv) The driveway locations should be arranged in such a manner to facilitate emergency service response. On streets with less than twenty eight foot (28') mat widths, driveways should be offset to facilitate emergency response;
(v) Shared driveways, where appropriate, are encouraged as a method of reducing grading, paving and site disturbance.
(B) Satisfactory Location Of Individual Utility Service Lines: The installation of individual utility service lines can cause removal of large quantities of natural vegetation. Service lines should be located to minimize disturbance of significant vegetation and natural features. The retention of the significant vegetation will be the main factor in the evaluation of the utility service line location. A lot may not be approved if a satisfactory utility service line location cannot be agreed upon.
(C) Retention Of The Significant Vegetation On An Individual Building Lot: On lots with significant vegetation the placement of the home should utilize this vegetation to soften structural mass and maintain vegetation. Special emphasis should be placed upon preserving significant natural vegetation within the front yard and streetscape areas.
(D) Setbacks: Front and side yard setbacks should be sufficiently varied throughout the development to avoid a repetitious appearance along the street frontage.
(E) Grading: Grading for the construction of the streets and utilities should be minimal.
(F) Slopes: Slopes greater than twenty five percent (25%) shall not be included in the building envelope.
3. Hillside Development Plan Review Criteria: In addition to the development plan review criteria listed in article 5, part 5 of this chapter, criteria for review of a development plan in a designated hillside area shall include the following:
a. Does the plan meet the spirit and intent of the hillside design manual?
b. How will the streetscape retain a hillside character after the street is constructed? Is terrain disturbance minimized?
The streetscape should reflect the natural setting of the development. The natural elements such as vegetation and rock features should be a major part of the streetscape. Removal of significant vegetation will be discouraged for construction of the streets, installation of utilities and construction of houses. It is, however, recognized that some amount of vegetation will be removed for development in hillside areas.
c. Have visual impacts upon off site areas been reduced or reasonably mitigated?
Significant ridgelines and other prominent sites within the City should be given special consideration when a development plan is being prepared. Additional mitigation measures are necessary in these highly visible areas.
Mitigation measures that may be demonstrated on the development plan may include, but are not limited to:
(1) Alternate siting of structures to include increased setbacks from ridgelines;
(2) Use of significant vegetation to soften structural mass when building sites are located in highly visible areas;
(3) Designation of special height restrictions;
(4) Use of native vegetative cover and retaining walls faced with stone or earth colored materials as stabilization measures for cuts and fills; and
(5) Alternate street placement to reduce visibility of structures.
d. Have the significant natural features and the significant vegetation been placed in preservation area easements?
Because of the terrain in hillside areas it is recognized that utilities and some drainage improvements may have to be located within an easement. The review will consider the necessity of locating these facilities within the preservation area easement.
e. Have geologic, soil and other natural hazards been identified and evidence of mitigation techniques been provided?
Various natural hazards are encountered when developing in the hillside terrain. It is important to identify and begin the process of addressing the various mitigation techniques. A geologic hazards study shall be provided as required by article 4, part 5, "Geological Hazard Study And Mitigation", of this chapter.
E. Wildfire Risk Mitigation: Wildfire risk reduction techniques shall include monitored smoke alarm systems, sprinkler systems, fire resistant roofing materials which are class A (excluding solid wood roofing products) for all residential occupancies, a minimum class B on all other occupancies, and fuels management measures. Within the hillside overlay, fuels management measures shall be utilized within the safety zone of applicable new building construction. "Fuels management" is defined as the modification of the natural vegetation within the safety zone. Fuels management requirements, as set forth below, are intended to protect structures from wildfire as well as to reduce fire from spreading to the wildland. The "safety zone" is defined as the area within thirty feet (30') of the main structure or significant accessory structures, not to extend beyond the property line. As it is the City's desire to provide an environment safe from wildfire while maintaining the aesthetic qualities of the native hillside, the following wildfire risk reduction standards shall be required:
1. All development plans and subdivision plats within the hillside overlay zone approved on or after April 1, 1993, and hillside site plan/lot grading plans shall contain the following disclosure statements:
Residing in or near wildland interface or intermix areas involves increased fire risks that may not apply in urban or more urbanized types of developed communities.
2. All development plans and subdivision plats within the hillside overlay zone approved on or after April 1, 1993, and hillside site plan/lot grading plans shall contain the following statement:
All lots within this development, are subject to fuels management requirements. It is the responsibility of the builder to implement the fuels management procedures as defined in Chapter 8 of the City Code for each lot. Approval inspection must be obtained from the Community Development Department prior to Final inspection by the Building Department and/or allowing occupancy of the residence. The initial fuels management inspection must be requested from the Community Development Department prior to framing inspection with subsequent approval obtained prior to building final.
3. All lots within the hillside overlay zone illustrated on development plans approved on or after April 1, 1993, shall be subject to the following fuels management requirements:
a. Brush patches or clusters may be left in the safety zone, but shall be separated by clear areas of ten feet (10') or more of noncombustible materials or grass mowed to not more than four inches (4") in height.
b. No brush shall be allowed within ten feet (10') of the main structure. Exception: When approved by the City's Fire Marshal, small brush patches, not exceeding one hundred (100) square feet in size and no more than fifteen (15) linear feet in any direction, may be allowed to encroach into this zone. This will be allowed upon the condition that the structure is protected with fire resistant siding and small brush patches are not located within ten feet (10') of combustible decks, overhangs, or building openings.
c. Large trees shall not have overlapping limbs and shall be pruned of dead limbs to a height of ten feet (10') above the ground. Tree clusters may be allowed if sufficient clear area is provided.
d. Tree branches shall not exceed over or under the roof eaves and shall not be within fifteen feet (15') of a wood burning appliance chimney.
4. Homes upon lots within the hillside overlay zone illustrated on development plans approved on or after April 1, 1993, shall be required to install a monitored fire alarm system or a fire sprinkler system when the lot lies beyond one thousand feet (1,000') along a cul-de-sac or lies beyond roadways with grades in excess of ten percent (10%) if roadways are the primary vehicular points of access to the home. Additionally, development plans which contain streets or lots which meet this criteria shall contain the following statement:
A monitored fire alarm system or a fire sprinkler system is required for residences built upon the following lot(s): . The Colorado Springs Fire Department shall review all building plans, determine system requirements, and issue appropriate permits. A visual piping inspection must be secured through the Fire Department prior to requesting the framing inspection. Final inspection and approval of the system must be secured through the Fire Department prior to final inspection by the Building Department and/or occupancy of the residence.
5. After January 1, 2003, a class A roof covering (excluding solid wood roofing products) shall be installed on all residential occupancies and a minimum class B roof covering shall be installed on all remaining occupancies (not to replace class A where already required by the Building Code) at the time a permitted roofing or reroofing application is done within the limits of the City of Colorado Springs, Colorado.
F. Hillside Building Height: Within the hillside overlay, the height of any building elevation shall be measured vertically from the building grade to the corresponding highest point of the roof to include parapets and all ornamental features. Permitted heights are as follows:
1. For single-family uses the maximum height is thirty five feet (35') for a sloping roof and thirty feet (30') for a flat roof. Height shall be determined at the time of zoning and development plan review and may be reduced based upon consideration of site factors including, but not limited to, visual analysis, topography, and proposed height relative to existing vegetation.
2. For multi-family uses, height shall be determined at the time of zoning and development plan review. Height will be based upon consideration of site factors including, but not limited to, visual analysis, topography, and proposed height relative to existing vegetation.
3. For nonresidential uses, maximum height is as permitted in the underlying zone, subject to final determination at the time of zoning and development plan review. Height may be reduced based upon consideration of site factors including, but not limited to, visual analysis, topography, and proposed height relative to existing vegetation.
4. Existing single-family zoned lots with approved, unexpired development plans or subdivision plats approved prior to adoption hereof on June 6, 1996, shall have a maximum permitted height of thirty five feet (35') measured from the building grade to the corresponding highest point of the roof. In the event an approved development plan restricts building height to less than thirty feet (30'), maximum height required by the development plan shall apply.
The major corners of the proposed structure are used to establish the control points with the building grade and from which the measurements are to be taken. Major corners are the points where the structure's walls change directions for distances of eight feet (8') or more, including attached garages and additions, but not including decks, patios, bay windows, chimneys or similar projections. This method creates a surface above the building grade of the major corners of the structure's or building's footprint through which no portion of the structure may protrude. This method mirrors the site's building grade topography and defines a structure's maximum permitted hillside height.
G. Issuance Of Building Permits: No building permits shall be issued in any designated hillside area nor any grading or disturbance activity occur until such time as:
1. The development submittal package is approved; and
2. The final plat is recorded; and
3. Appropriate financial securities have been posted with the City Engineer to assure implementation of the approved grading, erosion and stormwater quality control and reclamation plans; and
4. A hillside site plan/lot grading plan which meets the submittal requirements and the criteria set forth in the hillside design manual for the individual lot is approved by the Community Development Department.
H. Review Of Hillside Site Plans/Lot Grading Plans: No construction activity, including grading or removal of vegetation, shall occur on lots or parcels subject to the hillside overlay zone until a hillside site plan/lot grading plan has been approved by the Community Development Department.
1. Content Requirements: The content requirements for a hillside site plan/lot grading plan shall be as set forth in the hillside design manual.
2. Evaluation: Hillside site plan/lot grading plans will be evaluated for consistency with the spirit and intent of the hillside design manual, the approved development plan and in accord with the following site design review criteria:
a. Have the development standards of the zone or development plan (i.e., setbacks, maximum height, lot coverage, drive grades, access points, etc.) been met?
b. Is terrain disturbance minimized?
(1) Have cut and fills been minimized?
(2) Has the natural land form been retained?
(3) Have visually compatible stabilization measures been used for cut and fill slopes?
(4) Have natural features such as slopes and rock formations been incorporated into the site design?
c. Is natural vegetation preserved and incorporated into the project design?
(1) Has emphasis been placed upon preserving scrub oak and pine trees within the front yard area as this has a major impact upon the appearance of the streetscape and the image and character of the neighborhood?
(2) Has emphasis been placed upon preserving healthy and significant stands of scrub oak and pine trees?
d. Have visual impacts upon off site areas been avoided or reasonably mitigated?
(1) Has the structure been sited so that there is a mountain or hillside backdrop?
(2) Has the structure been sited away from the ridgeline?
(3) Has existing vegetation been preserved to soften the structural mass of buildings located in highly visible areas?
(4) Has supplementary native landscaping been used to soften structural mass of highly visible building sites?
Note: The hillside design manual can be consulted for further information on alternative site design techniques which can be utilized to comply with these hillside review criteria.
3. Review Time: The Community Development Department shall respond to a proposed hillside site plan/lot grading plan within three (3) working days of receipt.
4. Appeals: The decision of the Community Development Department to approve, approve with conditions or deny the hillside site plan/lot grading plan may be appealed to the Planning Commission in accord with this Zoning Code.
5. Lots Created Prior To June 6, 1996: It is recognized it may not be possible for lots platted prior to the adoption of the hillside standards enacted with ordinance 96-80 to be developed in full compliance with all of the standards and guidelines of this Code. The Manager will consider this factor when reviewing building permit requests for lots platted prior to June 6, 1996.
I. Illegal Land Disturbance, Grading And Vegetation Removal:
1. Compliance Required: All grading and vegetation removal, erosion and stormwater quality control, restoration and maintenance within the hillside area overlay shall be accomplished in accord with the City approved grading, erosion and stormwater quality control and reclamation plans and/or hillside site plan/lot grading plan and the provisions of this section.
2. Noncompliance With Approved Grading, Erosion And Stormwater Quality Control, And Reclamation Plans: Any overlot, street, drainage, utility grading or other land disturbance performed which is not in compliance with the approved hillside grading, erosion and stormwater quality control, and reclamation plans and the provisions of this section shall be deemed to be a violation of part 15 of the Subdivision Code of this chapter. Any violation shall be enforced in accord with the procedures set forth in part 15 of the Subdivision Code of this chapter. If the City Engineer determines there is either imminent or existing erosion damage, drainage damage, dust pollution or other hazardous conditions for which immediate action is necessary, the City Engineer may cause corrective procedures to be undertaken at the full expense of the property owner and may take other enforcement actions deemed necessary as outlined in section 7.7.1509 of this chapter.
3. Noncompliance With Approved Hillside Site Plan/Lot Grading Plan: No grading or removal of vegetation shall occur on properties subject to the hillside overlay zone other than that authorized on the City approved hillside site plan/lot grading plan. Any grading or vegetation removal occurring on an individual lot or tract which does not comply with the City approved hillside site plan shall be deemed to be a violation of this Code. The Manager is authorized to pursue enforcement actions including, but not limited to, the issuance of a notice and order for illegal grading or vegetation removed in violation of the approved hillside site plan/lot grading plan.
J. Appeals: Except as provided in article 5, part 1 of this chapter, appeals of any administrative action under the provision of this section shall be made in accord with article 5, part 9 of this chapter; provided that whenever the City Engineer initiates abatement of violations under this section, and pursuant to part 15 of the Subdivision Code of this chapter, this section shall not apply. Appeals of those matters shall proceed in accord with part 15 of the Subdivision Code of this chapter and any appeal in process under this section pertaining to these matters shall terminate until the appeal has been completed. (Ord. 83-229; Ord. 85-11; Ord. 91-30; Ord. 93-48; Ord. 94-107; Ord. 96-80; Ord. 01-42; Ord. 02-130; Ord. 02-174; Ord. 03-16; Ord. 05-135; Ord. 08-44; Ord. 09-80; Ord. 10-82)