The purpose of this Article is to preserve the natural scenic character of the City by establishing minimum standards relating to the siting and massing of either a new structure or a remodeled structure in an existing neighborhood to assure to the greatest extent practicable that the resulting structures are compatible with the neighborhoods within which they are located and consistent with applicable laws and regulations. The intent of this Article is to regulate the development or redevelopment of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, assure a bright, open neighborhood with a maximum of light and air, and avoid the unpleasant appearance of crowding one structure against another, or of one structure towering over another, insofar as is reasonable and practical. It is not the intent to dictate to an individual property owner the type of structure or addition he may wish to place or modify on his property. It is the intent, however, to assure that the new or modified structure does not unreasonably impact on adjacent property owners and the compatibility of structures in the neighborhood. The regulations in this Article are in addition to the requirements of other regulations or ordinances of the City, and, where in conflict, the more restrictive regulation shall apply.

(Ord. 262, 2-8-93)

No person shall construct, make additions to or modify any structure on any property in any residential zone in the City unless the resulting structure is found to be compatible with the neighborhood within which it is located. The following design criteria and review procedures as set forth in this Article are established to protect and maintain the established character of all residential neighborhoods within the City.

(Ord. 262, 2-8-93)

To maintain neighborhood compatibility, residential proposals shall address the following objectives:

A.

Natural Amenities: Improvements to residential property shall respect and preserve to the greatest extent practicable the natural features of the land, including the existing topography.

B.

Neighborhood Character: Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within 500 feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs shall minimize the appearance of over or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage shall reflect the uncrowded character of the City and the respective neighborhood. The height of the structures shall maintain, to the extent reasonably practicable, some consistency with the height of structures on neighboring properties.

C.

Privacy: Design proposals shall respect the existing privacy of adjacent properties by maintaining an adequate amount of separation between the proposed structure and adjacent properties, and the design of balconies, decks and windows shall respect the existing privacy of adjacent properties.

D.

Views: Designs shall consider to the extent reasonably practicable neighbors' existing views.

(Ord. 262, 2-8-93)

Except as set forth in subsection E. below, no building or structure shall be constructed and no expansion, addition, alteration or repair to existing buildings or structures shall be made in any residential zone of the City without first receiving site plan review and approval as required by this Article.

A.

Application: Except as set forth in subsection E below, a development plan shall be submitted for site plan review and approval according to the following procedures before a grading permit, electrical permit, plumbing permit or building permit is issued for the construction of any building or structure or the expansion, modification, alteration or repair of any existing building or structure. The site plan review process is intended to assist in the orderly development of property in conformance with the objectives of the General Plan, and to ensure neighborhood compatibility. The development plan shall be submitted to the Planning Director on forms furnished by him and accompanied by plans showing the effect of the proposed work upon visual relationships with other lots, existing structures, or land adjacent to or within 500 feet of the proposed work. The plan shall be accompanied by a fee, as established by resolution of the City Council.

B.

Findings: No application for site plan review shall be approved unless the Planning Agency finds:

1.

That the proposed development is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping;

2.

That the proposed development is designed and will be developed in a manner which will be reasonably compatible with the existing neighborhood character in terms of scale of development in relation to surrounding residences and other structures;

3.

That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties;

4.

That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbors' existing views;

5.

That the proposed development is compatible with the General Plan, the Zoning Ordinance ^[6] and surrounding uses;

6.

That the proposed development follows natural contours of the site to minimize grading;

7.

That the proposed development preserves surrounding native vegetation and supplements it with landscaping that is compatible with and enhances the rural character of the community; and

8.

That the proposed development conforms with the requirements of the California Environmental Quality Act.

C.

Initial Review: For initial review, applicants are encouraged to submit preliminary design proposals covering the entire lot development, both present and future, to permit the Building Official to analyze neighborhood compatibility and the applicability of the provisions of this Section prior to incurring the expense for detailed design drawings.

D.

Planning Director Action: Following the submittal of a formal application, the Planning Director shall determine compliance with all City ordinances and other laws, and shall prepare a site plan checklist to determine the need for approval under this Article.

E.

Exemption: The Planning Director shall issue a written statement that the development is exempt from subsections A. through D. and F. through G. of this Section if, based on information submitted for a project (such as lot area and building coverage data) and an inspection of the site, he finds either:

1.

a.

The proposed increase in square footage to an existing structure is not more than 500 square feet; and

b.

The project does not include the construction of a new second or higher story or an addition to an existing second or higher story; and

c.

The total square footage, including garage, of any new or remodeled structure will not exceed 1,000 feet; and

d.

There has not been a previous application under this Section concerning the same property within 24 months preceding the date of the current application which would have required site plan review if figures regarding floor area and/or proposal reflects the objectives of this Article; or

2.

The project has received a certification in writing from the Hidden Hills Community Association that the project meets all of the standards, terms and conditions necessary to be approved by the Hidden Hills Community Association and by any subcommittee thereof that is charged with the responsibility of reviewing the architectural standards of projects in the City, and the Planning Director has determined, based on a summary review, that the project is consistent with such standards, terms and conditions, and is consistent with the City's laws and the General Plan. Such summary review is not intended to include evaluation of policy decisions on discretionary aspects of such standards, terms or conditions, but rather to confirm consistency with objective criteria.

F.

Notice: If the project is not exempt under subsection E., the Planning Director shall forward the matter to the Planning Agency for its recommendation. The Planning Director shall require the applicant to notify owners of property within 500 feet of the proposed development by mail at least ten days prior to the Planning Agency meeting at which the application will be considered.

G.

Planning Agency Action: After receiving an application for site plan review, the Planning Agency shall hold a public hearing at which it shall hear and review all information and testimony regarding the findings and objectives of this Article. If the proposed development complies with all applicable requirements and standards of this Article and other laws and regulations, and the Agency finds that the criteria of subsection B of this Section are adequately met, or can be met if specified conditions are observed, the application shall be approved, subject to such specified conditions. If the Agency finds that the proposal cannot meet and cannot be modified to meet the requirements of this Article and the above criteria, the application shall be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval.

(Ord. 262, 2-8-93; 1994 Code)

Written notice of the decision shall be given by first class mail to the applicant within ten calendar days following rendering of the decision.

(Ord. 262, 2-8-93)

The decision of the Agency shall become effective 20 days after the date of decision.

(Ord. 262, 2-8-93; 1994 Code)

After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative. A public hearing on a proposed modification of the plans and/or conditions need not be held unless the Planning Director concludes that the proposed modification extends beyond the intent of the original approval. The decision and any appeal in connection with modification of plans and/or conditions shall be in the same manner as set forth above in this Article.

(Ord. 262, 2-8-93)

A.

Expiration: A site plan review approval shall become automatically null and void, unless extended as provided in subsection B of this Section, if any of the following occurs:

1.

Unused Permit: Within one year from the Agency's action, construction has not yet commenced, or if commenced, such work has been suspended or abandoned at any time after commencement for a period of 180 days or more.

2.

Time Limit as a Condition of Permit: Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

B.

Extension: Upon application by the property owner filed on or before the date of expiration of the approval, an approval which would otherwise expire may be extended by the Agency if the Agency finds that the expiration would constitute an undue hardship upon the property owner and that the continuation of the approval would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.

(Ord. 262, 2-8-93; 1994 Code)

A.

Certificate of Occupancy, Utility Connection: No certificate of occupancy shall be issued, nor any authorization to connect utilities, until a final inspection has determined that 1) the construction complies with the approved plans and 2) in the case of plans which qualify for an exemption as set forth in Section 5-2H-4, that the construction complies with all conditions of such qualification.

B.

Work, Construction, Building Permit: No work or construction shall take place unless it is in compliance with the approved plans and, if applicable, the conditions of qualification for exemption. No building permit shall be issued unless the application is in compliance with the approved plans and, if applicable, the conditions of qualification for exemption.

C.

Revocation, Rescission, Amendment: In the event that there is substantial variation from the approved plans or, if applicable, the conditions of qualification for exemption, the Planning Director may revoke, rescind or amend any permits, certificates or authorizations previously granted.

(Ord. 262, 2-8-93)