The purpose of this Chapter is to provide regulations for the development of areas in the City that, because of their topography, require special consideration to ensure that they are developed in a way that substantially maintains their natural character and environmental and aesthetic values to implement the general plan, and to provide for the safety, health, and welfare of the public by:

   (a)   Providing guidelines and standards for development in visually sensitive hillside areas to minimize the adverse impacts of grading and to promote the following goals and objectives of the general plan:

      (1)   Open Space Goal OS-1: Maintain an open space system that conserves remaining natural resources, enhances aesthetic values, and promotes the health, safety and general welfare;

      (2)   Open Space Policy OSP-2: Cooperate with regional and subregional planning agencies in matters of mutual open space concerns;

      (3)   Open Space Strategy OSS-6: Require sensitive ecological areas, steep slopes, and special land form features to be preserved as open space;

   (b)   To preserve and enhance the visual and aesthetic quality of hillsides for the surrounding community;

   (c)   To encourage the characteristics and qualities that promote a “sense of place” within a hillside setting;

   (d)   Maintaining an environment consistent with existing vegetation, wildlife, soils, geology, slopes, and drainage patterns, and to preserve natural topography and scenic character, including canyons, creeks, knolls, rock outcrops, and ridgelines whenever feasible;

   (e)   Encouraging development that is limited to the more gently sloping portions of the site;

   (f)   Encouraging developments that preserve desirable existing features of land (e.g., natural appearing slopes, significant ridgelines, natural vegetation, viewsheds, topographic features);

   (g)   Limiting the impact of cut and fill slopes on adjacent developed and undeveloped properties;

   (h)   Preserving the regional view corridor located along Railroad Canyon Road and the aesthetics of the region which further are preserved by similar ordinances, policies and practices in surrounding cities; and

   (i)   Preserving the community's existing natural significant ridgelines visible from Canyon Lake.

(Ord. 112, passed 3-4-2009)

   For the purposes of this Chapter, the following definitions shall apply:

   (a)   “Clearing” means the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means (also known as brushing and/or grubbing).

   (b)   “Cluster development” is a concept where structures are grouped on certain portions of a site, frequently of different shapes and sizes, surrounded by large expanses of open space.

   (c)   “Contour” is a line drawn on a plan that connects points of equal elevation.

   (d)   “Contour grading” means a grading concept designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

   (e)   “Conventional grading” is a grading concept that results in simple, straight forward cut and fill lines and even planed slopes. This is the most basic type of grading often resulting in an “engineered or man-made” appearance attributable to a lack of curvilinear or natural-appearing shapes.

   (f)   “Cut” means the mechanical removal of earth material.

   (g)   “Fill” means a deposit of earth material placed by artificial means.

   (h)   “Finished grade” means the final elevation of the ground surface after development, that is in conformance with the approved plan.

   (i)   “Grading” means to bring an existing surface to a designed form by excavating, filling, or landforming operations in excess of 50 cubic yards.

   (j)   “Hillside” or “Hillside areas” refers to those portions of land displaying slopes, ridgelines, hills, knolls, canyons or similar topographic features with a slope (as defined herein) of 25% or greater and are identified on the Hillside Overlay and Significant Ridgeline Map.

   (k)   “Hillside Overlay and Significant Ridgeline Map” is an exhibit which is incorporated herein by reference and attached to Ordinance No. 112, passed March 4, 2009 and which shall be maintained on file in the Planning Department, showing the areas subject to this Chapter.

   (l)   “Landform grading” is a grading method that replicates the irregular shapes of natural slopes. Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles, nonlinearity in plan view, varying slope gradients, and significant transition zones, between man-made and natural slopes.

   (m)   “Minimal grading” is a grading concept designed to minimize excavation and filling. Allows the movement of earth for projects (e.g., as individual building foundations, driveways, local roads, and utility excavation). The concept is associated with roads conforming closely to natural contours and with structures being built on natural terrain.

   (n)   “Pad” is a level area created by grading to accommodate development.

   (o)   “Plot plan” is an application filed with the Planning Division, including all information required by forms available at the Planning Division and Section 18.30 of Ordinance 348 of the City of Canyon Lake.

   (p)   “Project” means a project which is subject to this Chapter, includes subdivisions, permits, uses, structures, specific plans, master development plans, conditional use permits and associated plot plans for development review except as specifically exempted by Section 9.15.040.

   (q)   “Significant ridgeline(s)” means natural ridgeline(s) that are generally within or surrounding the City of Canyon Lake that are visible from Canyon Lake or Railroad Canyon Road that form part of the skyline or are seen as a distinct edge. All significant ridgelines are identified within the Hillside Overlay and Significant Ridgeline Map and are included with Ordinance No. 112, passed March 4, 2009.

   (r)   “Slope” is an inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, to the horizontal distance (run). The percent of a given slope is determined by dividing the rise by the run, multiplied by 100.

    Change in Elevation (rise)
    Horizontal Distance (run)

   (s)   “Slope ratio” is the relationship of a slope's horizontal length to vertical height, with the height specified as one (e.g. 2:1).

(Ord. 112, passed 3-4-2009)

   (a)   Hillside or Hillside Area. The standards contained in this Chapter shall apply to the hillsides and hillside areas as defined in Section 9.15.020 and identified on the Hillside Overlay and Significant Ridgeline Map.

   (b)   Basis for Slope Determinations. For the purpose of this Chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals 40 feet and a contour interval of not more than two feet.

   (c)   Hillside and Ridgeline Development Permit. All projects not specifically exempted within Section 9.15.040 or by the Building Official shall comply with the Hillside and Ridgeline Development Permit process as described in this Chapter.

(Ord. 112, passed 3-4-2009)

   (a)   The following actions and activities within the Hillside Overlay and Significant Ridgeline Map area are exempt from the provisions of this Chapter.

      (1)   Construction and installation (trenching, utility construction, and backfilling) of underground utility systems.

      (2)   Landscaping of single-family parcels; re-grading of existing yard areas for landscaping installation provided such re-graded yard area does not exceed 3,000 square feet in area for which a grading permit is not required.

      (3)   Modification of, or addition to any pre-existing legally established single-family dwelling, accessory structure, or construction of such a unit on a legally graded pad in existence on the effective date of this Chapter, or the construction of an accessory structure or an addition less than 500 square feet in size. This exemption shall not include the increase in the number of units, change of use, or when a grading permit is required.

      (4)   Construction that does not require a grading permit or a building permit.

      (5)   Any project for which a grading or building permit has been issued and which has begun substantial grading or construction in reliance on such approval prior to the effective date of this Chapter, provided that such permit or approval has not expired or been otherwise revoked and further provided that the development is in accordance with the approved conditions of approval and related approvals.

      (6)   Public works projects determined by the City to be necessary for public health, safety or welfare; wireless facilities are not considered to be public works projects.

   (b)   Whenever any regulations or standards contained in this Chapter differ from, or conflict with, the regulations of Land Use Ordinance 348 as adopted by the City of Canyon Lake, the regulations contained in this Chapter shall take precedence.

(Ord. 112, passed 3-4-2009)

   Applications for projects within the Hillside Overlay and Significant Ridgeline Map shall comply with the submittal requirements of this Chapter and shall be incorporated in the appropriate sections of the corresponding documents. Application filing requirements are as follows:

   (a)   Conceptual Grading Plan and Drainage Plan. A conceptual grading plan shall be submitted at a minimum scale of one inch to 40 feet (this scale may be adjusted with the approval of the City Building Official). The plan shall include the following items:

      (1)   A legend with appropriate symbols indicating high point, low point, spot elevations, pad and finished floor elevations, top of wall, top of curb, change in direction of drainage, and planned drainage improvements, including a conceptual Water Quality Management Plan with proposed facility and drainage structure locations;

      (2)   A separate map with proposed fill areas and cut areas, depths of these areas clearly shown with not more than two foot topographic lines (one foot preferred). Quantities of each cut and fill area shall be clearly marked and calculated as a percentage of the total site area. The fill and cut areas shall be either colored green and red, respectively, cross-hatched, or screened to delineate the separate areas;

      (3)   Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at minimum intervals of two feet of change in elevation, with one-foot contours in the flatter areas. Contours and plan cross-sections of the finished slope shall be shown at intervals similar to that on the topographic base map at the time the application is submitted;

      (4)   To the extent not otherwise required, location and elevation of all existing and proposed circulation and drainage improvements, including streets, curbs, driveways, sidewalks, median islands, and drainage courses on the site and within 100 feet of the boundaries of the site;

      (5)   Preliminary drainage plan shall show or explain the drainage area tributary to the site and include a statement setting forth in detail the manner in which storm water runoff will enter the site, the manner in which it will be carried through the site, and the manner in which disposal beyond the site boundaries be accomplished. Detention basins may be required unless storm water is directed to an improved storm drain facility; and

      (6)   Additional information as required to assist the Planning and Building Division's review and noticing related to the project.

   (b)   Slope Analysis Map. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state and for calculating average slope categories. A base topographical map of the site shall be prepared and shall have a scale of not less than one inch to 40 feet. The base topographical map shall include adjoining properties within 100 feet of the site boundaries to portray the site's context. Slope bands in contrasting colors shall be delineated in the range of 0% to 25%, 26% to 35%, 36% to 50%, and 50% or greater. A tabulation of the land area by slope percentage shall also be provided. Ridgelines shall be clearly shown on slope analysis maps. Cross-sections of ridgeline areas shall be provided.

      (1)   The exact method for computing the percent slope and area of each slope category shall be sufficiently described and presented so that a review can be readily made. A heavy solid line indicating the 25% grade differential shall be clearly marked on the plan. An eight and one-half by 11 inch legible reduction of the slope analysis with appropriate legend shall also be provided.

      (2)   The slope analysis shall be stamped and signed by a registered or licensed professional competent to provide such analysis and indicating the datum, source, and scale of topographic data used in the slope analysis, and attesting to the fact that the slope analysis has been accurately calculated.

   (c)   Geotechnical Report. A geotechnical and soils report shall be prepared by a registered geotechnical engineer to City standards and in sufficient detail to substantiate and support the design concepts presented in the application as submitted.

   (d)   No Grading Proposed. In the event that no grading is proposed a statement to that effect shall be filed with a plan that shows possible future house plotting, pad grading, and driveway design for each parcel proposed sufficient to demonstrate that any proposed parcel can comply with the standards and guidelines contained in this Chapter. The plan shall be prepared on a topographic map drawn at a scale of one inch to 40 feet.

   (e)   Additional Information. The following items may be required if determined necessary by the Director to aid in the analysis of the proposed project:

      (1)   A line of sight or view analysis;

      (2)   Photographic and/or computer generated graphic renderings;

      (3)   A topographic model and/or large scale detailed partial model;

      (4)   Other illustrative techniques determined necessary to aid in review of the project; and

      (5)   Additional environmental studies and investigations, including, but not limited to, hydrologic, seismic, and access/circulation, research may also be required to help in the determination of the buildable area of a site.

(Ord. 112, passed 3-4-2009)

   The hillside development standards are intended to illustrate and amplify the appropriate development concepts for hillside areas. The standards are intended to encourage flexibility and creativity to design projects which exceed the standards in order to respect the natural character of each hillside. The following are minimum standards and shall apply to hillside or hillside area as defined in Section 9.15.020.

   (a)   Hillside Slope Categories. The following descriptions serve as general standards for hillside slope categories to ensure that development will compliment the overall character of the landform.

 

 

   (b)   Site Design.

      (1)   Grading shall not take place on natural slopes that exceed 50%.

      (2)   Driveway grades above 14% may only be considered when driveways are aligned with the natural contours of the land, are necessary to achieve effective site design, and safety considerations are met to the satisfaction of the Building Official, City Engineer, and the Fire Department. Proper design considerations shall be employed, including the use of vertical curves. On driveways that may be approved with a slope greater than 14%, a coarse, all-weather paving material, or grooves for traction, shall be incorporated into the construction.

      (3)   Roadways shall conform to the natural landform. Significant alterations to the physical and visual character of a hillside shall be avoided by eliminating large notches in ridgelines and wide straight alignments. Modified or reduced width road sections and split sections shall be considered in the layout of hillside streets to reduce grading and cuts in topography while allowing access for fire trucks and other emergency vehicles.

      (4)   Slopes in excess of 2:1 shall not be allowed and slopes shall not exceed 30 feet in height between terraces or benches.

      (5)   Fill slopes shall not be placed perpendicular across a canyon. Straight line cut-off fill slopes shall not be made to appear like a dam. The terminus of the fill shall, instead, be concave in shape to restore the canyon appearance. This concave configuration shall be in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3:1) at or near the center of this indentation. Symmetrical or unsymmetrical concave configurations shall be used depending upon the adjoining or underlying topographic characteristics.

      (6)   Grading shall be phased so that prompt renegotiation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped within the next 120 days shall be disturbed. Top soil shall be stockpiled during rough grading and used on pads or revegetated habitat areas, upon the recommendation of the soils engineer. A 100% grading bond shall be submitted to the City to ensure erosion control is in place throughout all phases and stages of the grading project, subject to the approval of the City Building Official.

      (7)   Applicable requirements of the City and State shall be complied with in conjunction with a National Pollution Discharge Elimination System (NPDES) permit prior to the issuance of a grading permit, which may include, but is not limited to, an Erosion Control Plan, Best Management Plan (including Notice of Intent to be filed with the State Water Resources Control Board) and Construction Monitoring Program.

(Ord. 112, passed 3-4-2009)

   (a)   Structures. New structures shall not visually impair significant ridgeline silhouettes as identified within the Hillside Overlay and Significant Ridgeline Map. Structures are not permitted closer to a significant ridgeline than 50 feet measured vertically on a cross-section or 100 feet horizontally on a topographic map from the highest pad elevation, whichever is more restrictive.

   (b)   Grading. Grading is prohibited within 50 feet measured vertically on a cross-section or 100 feet horizontally on a topographic map from the crest of a ridgeline or significant ridgeline.

(Ord. 112, passed 3-4-2009)

   The implementation of the Hillside Grading Guidelines is essential to affect continued quality community development. The City of Canyon Lake desires to encourage planning, engineering, and development that results in minimal site grading in addressing the varying terrain and highly visible hillside areas. This can be accomplished by following the natural contours as much as possible. From large scale subdivision design to individual lot grading plans, graded slopes should be rounded and contoured to blend with the existing terrain. Significant natural vegetation should be retained and incorporated into projects whenever possible.

   The guidelines shall apply unless specifically modified by the approving authority and findings are made that the modification is consistent with the findings listed in Subsection (k) hereof.

   (a)   Grading must minimize the disturbance to the natural landform, not destroy visual quality and community character, nor create conditions that may result in landslides, flooding, or erosion.

   (b)   No grading shall take place in known or suspected hazardous areas as determined by the City without a geological survey and/or other data and tests as requested by the City.

   (c)   Projects located in hillside areas shall incorporate clustering, varying setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.

   (d)   Transitioning Slopes. Minimal radius rounding at edges of cut and fill slopes is not acceptable. Proper transitioning from manufactured slopes to natural slopes shall be achieved gradually and naturally using radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

   (e)   Good grading design must be exercised for safety as well as aesthetics and should incorporate the following measures:

      (1)   Utilization of landform or contour measures to produce cut-and-fill slopes compatible with existing land character. Continuous unbroken slope surfaces that are visible from offsite are discouraged. Linear or straight slopes shall not exceed 100-feet in distance before next rounded contoured edge. Edges and exposed tops and toes of slopes shall be rounded with a minimum five-foot radius where there are linear slopes up to 50 feet in length and ten-foot radius where linear slopes are greater than 50 feet. The parallel planes of adjacent linear slopes shall be offset by minimum distance of ten-foot measured perpendicular to the planes.

      (2)   Grading slopes contoured by varying slope increments and undulating banks vertically and horizontally.

      (3)   Varied cut-and-fill banks and drainage terrace spacing to alleviate monotony and to allow informal landscaping.

      (4)   Berms at top of slopes and other locations used to screen, vary profile, and ensure drainage away from slopes.

      (5)   Varied pad levels to avoid appearance of monotonous slope banks and flat level lots.

   (f)   Minimal Grading. This is typically used for large lot single-family homes, custom homes with variable foundations that conform to the existing slopes and other uses such as golf courses that utilize the least amount of grading in order to get the facility and structures built, but is also acceptable for commercial uses. This technique embraces the following concepts:

      (1)   Grading should be limited to individual flat graded pad areas for residential building sites. Grading should be limited to only the required building areas and adjacent outdoor amenities in steep hillside areas.

      (2)   Foundation systems that require little or no grading are encouraged, forcing the architecture to conform to the land rather than the land to conform to the dwelling.

      (3)   Roadways, driveways, and individual building pads should be designed to conform with contours and to attempt to daylight in the center of the road or building pad to ensure a minimum cut and fill situation.

   (g)   All manufactured cut and fill slopes exceeding ten-feet in height which will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, should be designed with features characteristic of natural slopes where physically feasible so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes adjacent to parks, schools, or open spaces and other public facilities and other prominent and visible slopes.

   (h)   Clustering of development is encouraged within the allowable density identified in the General Plan. This is particularly important in environmentally sensitive areas in order to reduce the potential for fire hazard, erosion and excess runoff, and to preserve existing natural features and open space.

   (I)   In the planning, design, and development of public utilities and infrastructure, every reasonable effort shall be made to minimize grading impacts and harmonize with natural contours and character of the landform design applied.

   (j)   The City Council or its designee may modify or waive any of the hillside/grading guidelines when an improved design will result or where it can be demonstrated that imposing hillside grading guidelines would either render a parcel of land unbuildable, create a loss of all its reasonable economic use, or place an undue restriction on the improvement of the property, the City Council may allow development consistent with the General Plan, only when all of the following findings can be made:

      (1)   The site is physically suitable for the design and siting of the proposed development. The proposed development will result in minimum disturbance of sensitive areas;

      (2)   The grading proposed in connection with the development will not result in soil erosion, silting of lower slopes, flooding, severe scarring or any other geological instability or fire hazard which would affect health, safety and general welfare as determined by the City Engineer and all other requirements of applicable law and regulation are met;

      (3)   The proposed development retains the natural character and visual quality of the site and the aesthetic qualities of the area; and

      (4)   The proposed development is in conformance with the qualitative development standards and guidelines as established in this Chapter and is in conformance with the goals, objectives, and policies of the General Plan.

(Ord. 112, passed 3-4-2009)

   No clearing or grubbing shall be allowed except in conjunction with a grading permit approved pursuant to the provisions of this Chapter.

   (a)   No permits shall be issued for any grading, grubbing, building or structure except after compliance with this Chapter.

   (b)   No dirt or rock shall be allowed to be used for fill except in those locations approved by the grading plan. Excess dirt or rock shall be carried to a disposal area designated on the grading plan or to an approved off-site location.

(Ord. 112, passed 3-4-2009)

   (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)