La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
35 HILLSIDE DEVELOPMENT
§ 11.35.010 Purpose.
It is the city's position that its hillsides are a valuable resource to the community, providing a visible geographical boundary to the city and aesthetic relief to the viewscape from virtually every location in La Cañada Flintridge. To date, hillside development in this community has generally avoided creating the significant negative effects common to the practice of mass grading to provide building sites. The end product of past development practices in La Cañada Flintridge has largely been the retention of natural land forms and the community's "semi-rural" character. However, much of the remaining undeveloped acreage in the city can best be described as steep, consisting of slopes in excess of 30 or 40%, and/or visually prominent. Further, the city's hillsides contain or surround several significant environmental and aesthetic resources and are traversed by hiking and riding trails.
The purpose of this chapter's development standards and guidelines is to protect existing open space and to ensure that any hillside development is orderly and consistent with desirable existing surrounding development patterns, is carried out in a manner which promotes and enhances public safety and general welfare, and is not disruptive of the predominant hillside character of the community.
(Ord. 329 § 1.2, 2002)
§ 11.35.020 Policies.
The following policies are reflective of community standards and shall apply to all hillside development projects undertaken in the city:
A.
Existing community character, as defined by such factors as visual appearance, density, road widths and vegetation shall be preserved and/or enhanced;
B.
Prominent landforms within the community, including, but not limited to, ridgelines, knolls, valleys, creeks (either dry or active), or other unique topographic features or viewscapes, shall be maintained. The most significant of such landforms are identified in the prominent landform policy of the city's general plan.
C.
Major hillside viewscapes visible from points within the city shall not be detrimentally altered by the intrusion of highly visible cut and/or fill slopes, building lines and/or road surfaces;
D.
The visual impact of grading shall be minimized;
E.
Levels of development shall be coordinated with available and potential circulation capacities and shall be controlled by the ability to provide adequate access within the constraints defined in this chapter;
F.
Development in areas of exposure to high fire risk shall be subject to reasonable mitigation measures formulated during the project review process to reduce such risk;
G.
Development shall be planned in such a manner as to avoid flood, mudslide, and subsidence to residents and structures on or near hillside areas as well as downstream of any project;
H.
Significant environmental and recreational resources shall be maintained and enhanced, including measures to prevent visual or physical encroachment into such resources; and
I.
New lots created under the provisions of this chapter shall be properly planned and designed to result in development which is in conformance with this chapter.
(Ord. 329 § 1.2, 2002)
§ 11.35.030 Applicability.
A.
This chapter shall apply to any lot or parcel of land, residentially zoned and in residential use, which has an average slope of 15% or greater. Additionally, the provisions of this chapter shall apply to previously graded hillside lots, the slope of which had been equal to or greater than 15% prior to grading, and for which no building permits currently in effect have been issued.
B.
For the purposes of this chapter, "average slope" shall be defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The average slope "S" is computed on the net area of a parcel by the following formula:
S | = | 100IL |
A |
Where: |
S = Average percent slope |
I = Contour interval in feet |
L = Summation of length of all contours in feet |
A = Area, in square feet, of parcel being considered |
C.
City hillside development permit approval is required of any project requiring a building permit on a hillside lot as described in the preceding subsections A and B. The level of said approval shall be according to the following schedule:
1.
New Development: Planning Commission Hearing
2.
Existing Development:
Addition ground floor: |
600 sf or less: Director's review |
601-1200 sf: Administrative hearing |
Greater than 1200 sf: Planning commission hearing |
Addition, second floor: |
600 sf or less: Administrative hearing |
Greater than 600 sf: Planning commission hearing |
Enclosure under existing roof, second floor: |
600 sf or less: Directors review |
Greater than 600 sf: Administrative hearing |
Retaining walls, conventional: |
3 feet or lower: Director's review |
Higher than 3 feet; |
up to 6 feet: Administrative hearing |
Higher than 6 feet: Planning commission hearing |
Retaining walls, crib type*: |
8 feet or lower: Director's review |
Higher than 8 feet: Planning commission hearing |
* Crib type retaining walls (cribwalls) are, for the purpose of this chapter, constructed of modular units between which planting areas are provided. Cribwall product certification shall be provided to the satisfaction of the building department, along with evidence that septic drainage will not undermine the cribwall structure.
Additional thresholds are contained under subsequent sections of this chapter.
D.
In instances where this chapter conflicts with any other ordinance or regulation of the city, the provisions of this chapter shall take precedence and apply.
(Ord. 329 § 1.2, 2002)
§ 11.35.040 Standards, guidelines, and thresholds.
Each hillside parcel is unique. For many criteria, a fixed standard may not be an appropriate means of ensuring harmonious development, due to the complexities of topography, the varying degree of site visibility, the effects of local soil conditions on prospective landscaping, and many other variables.
Thus this chapter contains not only development standards (mandatory or "shall" statements), but also guidelines (qualified "shall" statements). Thresholds are also included, indicating the level of review required for a given category of project, as outlined in Section 11.35.030(C). The intent is not to discourage appropriate project characteristics which require higher levels of review, but rather to ensure that the opportunity is provided for public review of projects of any theoretical potential for disruption of the hillside environment.
(Ord. 329 § 1.2, 2002)
§ 11.35.041 Parcel standards and guidelines.
A.
Density.
1.
Newly Created Lots—Density Standards. Density overlay zones A and B, established in the environmental resources management element of the general plan, are shown in Map 1 of the general plan. For every property in any single family residential zone which is subject to the provisions of this chapter, there shall be an additional overlay zone designated by the respective zoning symbol plus either of the letters "A" or "B"; for example, R-1-20,000-A; R-1-15,000-B, etc. The zone designated prior to the letters "A" or "B" (in the examples given, R-1-20,000 and R-1-15,000) shall be known as the basic zones and shall determine permitted use and minimum lot size. The overlay zone shall determine maximum development base densities as follows:
a.
Density overlay zone "A" shall maintain development densities not exceeding one dwelling unit per one acre of site area as to any tract map (i.e. the creation of five or more lots).
b.
Density overlay zone "B" shall maintain development densities not exceeding one dwelling per five acres of site area for any land division. This zone is applied to severe hillside areas of the city where developments with higher use densities could not be achieved in compliance with the policies and standards of this chapter and without detrimental effects upon public safety and aesthetics.
Density shall be subject to additional reduction with increasing slope when necessary to meet required findings per Section 11.35.060(D), using the slope factor (subsection (A)(2)). |
2.
Slope Factor. The slope factor is a development standard for land divisions, and a guideline for floor area restrictions. As average lot slope increases, allowable minimum size of newly created lots shall increase per the following Table 1. Additionally, for existing lots, allowable floor area shall be lowered per the following Table 1, unless the required findings per Section 11.35.060(D) can otherwise be made.
The slope factor is applied to land divisions and floor area as follows:
a.
Minimum lot size standard for land divisions:
Underlying zoning or overlay zone minimum lot area, divided by slope factor (from 1.0 to 0.2, depending on average slope — see Table 1)
b.
Allowable floor area guideline (structures):
Underlying maximum floor area for lot size (see Chapter 11.11), multiplied by slope factor (see Table 1).
Table 1. Slope Factor as Related to Average Slope | |
|---|---|
Slope | (%) Factor |
20 or less | 1.00 |
21 | 0.99 |
22 | 0.98 |
23 | 0.97 |
24 | 0.96 |
25 | 0.95 |
26 | 0.94 |
27 | 0.93 |
28 | 0.92 |
29 | 0.91 |
30 | 0.90 |
31 | 0.88 |
32 | 0.86 |
33 | 0.84 |
34 | 0.82 |
35 | 0.80 |
36 | 0.78 |
37 | 0.76 |
38 | 0.73 |
39 | 0.70 |
40 | 0.67 |
41 | 0.64 |
42 | 0.60 |
43 | 0.57 |
44 | 0.54 |
45 | 0.50 |
46 | 0.45 |
47 | 0.40 |
48 | 0.35 |
49 | 0.30 |
50 | + 0.20 |
B.
Lot Configuration.
1.
Minimum Lot Dimension Standards. Width: 55 feet.
Depth: 150 feet.
Frontage: 40 feet.
2.
Excluded Areas Guidelines. No site portions of less than the following width, or separated from the main building pad by any strip of less than the following width, shall be included in the tabulation of lot area for the purposes of calculating allowable lot size, density, lot coverage, or floor area, unless the required findings in Section 11.35.060(D) can otherwise be made:
R-1-40,000 or "B" density overlay: 55 feet
Other zones: 40 feet
3.
Flag Lots.
Flag lots shall be prohibited in proposed subdivisions or lot line adjustments.
(Ord. 329 § 1.2, 2002)
§ 11.35.042 Grading.
A.
General Grading.
1.
Review Threshold. Any grading volume exceeding 50 cubic yards, whether or not retained, is subject to director's review approval or incorporation into a higher level of approval.
2.
Preservation of Landforms. Policy "B" of this chapter shall be upheld: Prominent landforms within the community, including, but not limited to ridgelines, knolls, valleys, creeks (either dry or active), or other unique topographic features or viewscapes, shall be maintained.
B.
Slopes. The height of retaining wall(s) exposed to view shall be deducted from the permitted height of the slope.
1.
Cut Slopes.
a.
Height Threshold. Unless approved at an administrative (or higher) hearing, the sum of the vertical heights, at any one section through the site, of any finished cut slopes created for the purpose of developing a residential dwelling or accessory use site, shall be limited to the height of the proposed structure wherever it is to be concealed from general view by that structure, or to a maximum of ten feet where exposed to general view.
b.
Width Standard. Unless approved at an administrative (or higher) hearing, the lateral extension (width) of the finished cut slope shall not exceed the maximum width of the structure by more than 20 feet, with an additional 20 feet allowed for tapering to existing grade.
c.
Gradient Threshold. Unless approved at an administrative (or higher) hearing, maximum exposed cut slope at any one section through the site shall not exceed that allowed by the city's building code in effect at the time of grading permit issuance, and shall be further limited to the average existing grade plus 20% grade. The existing and modified slopes shall be indicated on the topographical map by section cut lines spaced not more than 20 feet apart.
2.
Fill Slopes.
a.
Height Threshold. Unless approved at an administrative (or higher) hearing, the vertical height of any finished fill slope created for the purpose of developing a residential dwelling site shall not exceed ten feet.
b.
Gradient Threshold. Unless approved at an administrative (or higher) hearing, maximum fill slope shall not exceed that allowed by the city's building code in effect at the time of grading permit issuance, and shall be limited to the average natural grade plus 20% grade. The existing and modified slopes shall be indicated on the topographical map by section cut lines spaced not more than 20 feet apart.
3.
Slope Contours. Any manufactured slope, and the radius of any slope forming a transition between manufactured and natural slope shall follow the natural topography to the greatest extent possible. In no event shall less than a 25 foot radius be used for the convex blending curvature at the outside corners and edges of any cut slope or fill slope or for the concave curvature where a cut slope or fill slope meets natural grade. The top and bottom of any cut slope or fill slope shall be rounded with a radius of not less than five feet.
4.
Road or Driveway Cut/Fill. For a driveway or roadway, the maximum total vertical height of any combination of finished cut and fill slopes from grade shall not exceed eight feet unless approved through administrative (or higher) review.
C.
Drainage.
1.
Debris Collection. Where applicable, lot designs and the location of proposed improvements shall permit accommodation of debris from potential land slippage and/or erosion without damage to improvements or other properties downslope, and with access to a street to provide for cleanup and removal.
2.
Runoff and Subsurface Discharge. Passage for bulked-flow and subsurface runoff shall be provided to a safe point of discharge, such as a street, channel or debris basin, in a manner such that damage to improvements, slopes, or other properties will not result. Natural stream gradients should not be flattened.
3.
Overflow Route. An emergency overflow route for flood and debris flows which exceed the design capacity of planned drainage, flood control and debris facilities and devices shall be provided. Overflow routes shall direct overflows away from slopes and improvements and toward safe points of discharge.
4.
Downdrains. All required exposed downdrains shall follow an oblique, rather than vertical, path down the slope, and shall be screened to the maximum extent possible by color and/or appropriate vegetation.
D.
Other Requirements. All other city regulations and code requirements pertaining to grading shall also apply, unless specifically in conflict with the requirements set forth herein.
(Ord. 329 § 1.2, 2002)
§ 11.35.043 Siting.
A.
Minimum Setback Dimensions. Minimum setback dimensions shall conform to the standards for the underlying zone, except that a front setback reduction for one-story construction to no less than 20 feet may be approved through an administrative (or higher) hearing, upon finding that the reduced setback:
B.
Ridgeline Protection.
1.
Sites and Structures. Proposed building sites and/or structures shall not detrimentally impact a primary ridgeline or knoll as identified in the environmental resources management map contained with the city's general plan. Development on any parcel within 100 feet of an identified ridgeline shall be subject to planning commission approval.
2.
Fences and Freestanding Walls. Fences and freestanding walls shall be located away from any ridgeline or crest of any slope so that such fences and walls are not visible against the sky from offsite.
C.
Watercourse Protection.
1.
Blockage. Blockage of watercourses, canyons, or streambeds is prohibited, and any alteration of such features is discouraged.
2.
Approval by Other Agencies. Development in the vicinity of Blue Line Streams is subject to Army Corps of Engineers and California Department of Fish and Game approval prior to any issuance of grading or building permits.
D.
View Preservation. For any project subject to public review, the project shall conform to the following guidelines to the extent possible and to the extent appropriate to its setting:
1.
Building(s) shall be placed in a manner which minimizes blockage of neighboring views, especially those portions of any view which are central to the total view, and/or are viewed from primary living areas (living rooms, dining rooms, or foyers).
2.
Landscaping height at maturity shall be consistent with preservation of neighbors' views.
(Ord. 329 § 1.2, 2002)
§ 11.35.044 Vehicular access.
A.
Driveways.
1.
Minimum Width—Standard. For private driveways in excess of one hundred fifty feet in length, minimum graded and paved width shall be ten feet if only one dwelling unit is served, or 20 feet if more than one dwelling unit is served.
2.
Maximum Grade. The finished grade of any driveway shall not exceed an average of 17%, with an absolute maximum grade of 20%. Transitional top and bottom slopes shall be provided to the satisfaction of the director of community development and the director of public works.
B.
Streets.
1.
Minimum Width. The minimum street width for local and cul-de-sac streets (those streets used primarily to serve abutting property) shall be 28 feet from curb facing to curb facing, in a 50 foot right-of -way; except that this 50 foot right-of-way requirement may be waived and a lesser width prescribed by the planning commission for single-loaded streets or under such other circumstances as the planning commission determines are appropriate.
2.
Maximum Length. No cul-de-sac street or other single entry access shall exceed 700 feet in length.
3.
Minimum Cul-de-Sac Diameter. Minimum roadway radius of 32 feet at the terminus shall be maintained.
4.
Improvements. Curbs and gutters, of a design to be determined by the director of public works, shall be required improvements for all proposed public streets. The director of public works may also determine that sidewalks will be required based on consistency with the pattern and needs of the neighborhood.
5.
Maximum Grade. The finished grade of any dedicated public street or private street shall not exceed an average of 17%, with an absolute maximum grade of 20%. Transitional top and bottom slopes shall be provided to the satisfaction of the director of community development and the director of public works.
C.
Parking. Any lot or building site developed under the provisions of this chapter shall provide and maintain a minimum of four off-street parking spaces which shall not be developed in tandem and which shall be readily accessible from the street from which access to the lot or building site being developed is derived. However, if grading, building massing, landscaping, and/or pedestrian access qualities are enhanced, this requirement may be waived, to the extent that it exceeds the basic zoning ordinance requirements, as part of an administrative (or higher) hearing if the width of the street upon which the lot or building site is located is 36 feet or greater, provided that the city may additionally require greater unobstructed width or curves and turns to accommodate the turning requirements of emergency vehicles as a condition of waiver of this additional onsite parking.
(Ord. 329 § 1.2, 2002)
§ 11.35.045 Building dimensions.
A.
Height. Maximum allowed building height is 28 feet as measured from the lowest finish grade adjacent to the building or directly beneath a projecting wall surface, to the highest roof structure, aside from the following exceptions as measured from the same grade:
1.
Downslope Wall Height. Maximum allowed height of the downslope wall, aside from architectural extensions per the following subsection, shall be 20 feet as measured from the lowest finish grade adjacent to the wall or directly beneath its outermost projection, except that for any project on a lot or parcel with an average slope of less than 40%, an upper wall section set back 6 feet or more from the building line established by the lower wall may be considered a separate wall.
2.
Architectural Extensions. A maximum height of 40 feet for architectural extensions of up to 20 feet in width or depth may be allowed, subject to approval through an administrative (or higher) hearing. Such extensions shall not be used for inhabited floor area above the highest floor level of the rest of the house.
3.
Stepped Massing. A maximum overall height of 35 feet may be allowed, subject to approval through an administrative (or higher) hearing, for buildings which, in stepping down the slope, diminish effectively viewed bulk, provided that at no point around the perimeter of the building is the 28 foot height limit exceeded except for architectural extensions per preceding subsection (A)(2) of this section. A building is considered to step down the slope if the line connecting its corresponding components is no steeper than the average of the natural slopes adjacent to the entire structure.
4.
Vertical Additions. Any vertical addition to any habitable structure shall be subject to approval through an administrative (or higher) hearing.
5.
Retaining Walls Adjacent to Buildings. Any retaining wall less than 20 feet from a building wall may be considered a part of that building wall for the purposes of calculating building height.
B.
Overall Horizontal Dimension Guideline. Maximum horizontal dimension shall not exceed 120 feet, unless the required findings in Section 11.35.060(D) can otherwise be made.
C.
Floor Area. As average lot slope increases, underlying zoning limits on total floor area in relation to lot size shall be lowered per Table 1 in Section 11.35.041(A), unless the required findings per Section 11.35.060(D) can otherwise be made.
(Ord. 329 § 1.2, 2002)
§ 11.35.046 Architectural design guidelines.
The following guidelines shall apply, unless it can be demonstrated that the project, though not complying, is consistent with the findings in Section 11.35.060(D):
A.
Roof Pitch. The dominant roof pitch at the downslope side shall correspond to the natural slope of the site, and no more than 25% of the total roof area should be flat.
B.
Vertical Accents. Vertical accents are encouraged (see Building Height, Section 11.35.045(A)), and shall be accompanied by a vertical break in wall surface.
C.
Symmetry. Overall symmetry is strongly discouraged.
D.
Wall Modulation.
1.
Separation Between Breaks. A vertical break or breaks in each wall surface shall be provided at least each 40 feet on the first floor and each 20 feet on the second floor.
2.
Break Dimensions. The breaks in plane recommended in preceding subsection (D)(1) of this section shall consist of significant projecting or recessed areas.
E.
Surface Depth. Creation and expression of surface depth, through the use of deeply recessed wall openings, reveals, moldings, cornices, and similar devices, are encouraged.
F.
Cantilevers. Cantilevers and dominant overhangs, except for eaves, are discouraged.
G.
Brightness. Reflectance value (LRV) shall not exceed 50% for walls or fences, or 30% for roofs.
H.
Reflectivity. Reflective glass and glossy roofing materials are discouraged.
I.
Roof Elements. Reflective roof elements such as skylights and solar panels shall not produce substantial glare from offsite view, and shall not dominate the view of the building from close range.
J.
Retaining Walls. Retaining walls constructed of materials architecturally consistent with the development may be permitted in lieu of or in combination with cut or fill slopes.
(Ord. 329 § 1.2, 2002)
§ 11.35.047 Landscaping and lighting guidelines.
The following guidelines shall apply, unless it can be demonstrated that the project, though not complying, is consistent with the findings in Section 11.35.060(D):
A.
Planting and Maintenance. Plants shall be established and maintained in accordance with the approved plan. Planting should be installed as early as possible following finish grading in order to allow timely granting of occupancy permits Landscaping proposed to screen any part of the project must reasonably be expected to grow to an effective level in four years (see Section 11.35.070).
B.
Environmental Control.
1.
Fuel Modification. A fuel modification program, correlated to Los Angeles County Fire Department guidelines, shall be provided.
2.
Irrigation. No automatic irrigation system shall be allowed unless moisture sensor shutoff is provided to prevent over-saturation. Drip irrigation is encouraged wherever consistent with soil retention. Plant materials of similar water needs shall be grouped on the same irrigation valve.
C.
Screening.
1.
Retaining Walls. Any retaining wall over three feet in height shall be screened from offsite view by a building or by landscaping.
2.
Building Screening. Where building bulk as seen from downslope is a concern, effective mitigation through landscape screening shall be provided. Blockage by such landscaping of neighboring views over the site is discouraged.
3.
Accessory Structures. Accessory structures shall be screened from offsite view.
D.
Plant Characteristics. The plant palette shall be consistent with the objectives of erosion control, overall drought tolerance, and incorporation of native plants. Transitional plant character shall be provided in areas separating natural slope growth from planted and irrigated areas.
E.
Tree Sizes and Quantities. Sizes and quantities of new trees and existing trees to remain shall maximize retention and planting of mature trees, with a guideline of 25% of the new and existing trees either mature or of minimum 36 inches box size at planting.
F.
Tree Protection. Any removal or pruning of existing trees shall conform to the requirements of the city's tree preservation ordinance, Municipal Code Chapter 4.26 (adopted by Ordinance No. 178 and any successor thereto).
G.
Site Lighting. Site lighting shall be oriented away from public rights-of-way and adjacent properties.
(Ord. 329 § 1.2, 2002)
§ 11.35.050 Application materials.
A.
Submittal Requirements. In addition to all materials required by the city's subdivision, zoning, building and grading regulations and environmental review procedures applicable to projects falling within the scope of this chapter, submittal of the following application materials shall be required for all projects provided for herein. Items (A)(1) through (3) may be combined as one or more drawings as prescribed by the director.
1.
A site or plot plan, drawn to a scale prescribed by the city planner, but not less than a scale of one inch equals 20 feet for lots or parcels less than two acres, reflecting the proposed project, including representations of property lines and all recorded and proposed easements and public rights-of-way. All structures including but not limited to retaining walls shall be shown.
2.
A topographical map prepared by a licensed civil engineer or licensed surveyor, of the project site, unless the director determines that the level of information is appropriate to the scale of the project without detailed topographical information. This map shall be drawn to the same scale as the site plan required in subsection (A)(1) of this section, with a maximum contour interval of five feet, or less as prescribed by the director, used consistently throughout the map.
3.
A grading plan for the project, drawn to the same scale as prescribed above, unless no grading requiring a permit is proposed.
4.
Cross section(s) of the site and nearby affected areas, cutting through the major slope, showing all buildings, fences, walls, and landscaping at mature height anticipated under the planting conditions onsite.
5.
Elevation drawings at a scale of at least one-fourth inch equals one foot zero inches, with materials, colors, finishes, and critical vertical dimensions clearly indicated. As deemed appropriate by the director or designee, proposed and existing-to-remain landscaping at maturity shall be shown in a manner that allows full visibility of building elevations beyond. Indication of nearby structures or features offsite shall also be shown where deemed appropriate by the director or designee.
6.
Superimposed on a copy of the topographic map required by Section 11.35.050(A)(2) a landscaping plan which shall accurately show:
a.
Those existing trees on the project site within 100 feet of any proposed grading or construction with a trunk diameter of six inches or greater at a height of four feet above grade, and/or having a vertical height from the ground level to treetop level of 15 feet or greater;
b.
Species of all such trees and their appropriate trunk diameter, height and condition;
c.
Final disposition of all existing trees;
d.
The type and extent of proposed vegetation, including provisions for ongoing maintenance and irrigation thereof; and
e.
Evidence of slope stability through vegetation of created slopes.
This plan shall be drawn to or keyed to a master map the same scale as is prescribed for the application materials required by subsection (A)(1) of this section, and shall be completed by a professional landscape architect registered with the state of California. |
7.
Where alteration to existing topography is proposed:
a.
A soils engineering report which shall contain, but not be limited to:
i.
Data regarding the nature, distribution and strengths of existing soils,
ii.
Relationship of soil characteristics to drainage related to lot coverage and landscaping/irrigation design,
iii.
Conclusions and recommendations for grading procedures,
iv.
Design criteria for any identified corrective measures, and
v.
A concluding statement evaluating the impact of the project on slope stability.
This investigation and report shall be performed by a professional soils engineer who is experienced in the practice of soil mechanics and who is registered with the state of California. |
b.
A geology report which shall include, but not be limited to:
i.
The surface and sub-surface geology of the site,
ii.
Strike angle of bedrock strata,
iii.
Degree of seismic hazard,
iv.
Conclusions and recommendations regarding the effect of geologic conditions on the proposed development,
v.
Analysis of the project in relation to regional water quality control board standards, and
vi.
A concluding statement evaluating the impact of the project on slope stability.
This investigation and report shall be completed by a professional geologist who is experienced in the practice of engineering geology and who is registered with the state of California. |
c.
A hydrology report which shall include, but not be limited to:
i.
The hydrologic conditions on the site,
ii.
Possible flood inundation,
iii.
Downstream flood hazards,
iv.
Natural drainage courses,
v.
Analysis of the project, including its septic system, in relation to regional water quality control board standards,
vi.
Design criteria to mitigate any identified hydrologic hazards consistent with applicable regulations,
vii.
Account of all runoff and debris from tributary areas,
viii.
Consideration for each lot or dwelling unit site in a proposed development project,
ix.
Runoff and debris amounts computed using the Los Angeles County flood control district criteria, and
x.
A concluding statement evaluating the impact of the project on slope stability, water quality, and downstream drainage.
This investigation and report shall be completed by a professional civil engineer experienced in the science of hydrology and hydrologic investigation and who is registered with the state of California. |
d.
If the project requires planning commission review and is not served by sewers, a percolation test report that has been reviewed and approved by the Los Angeles County health department and which shall include, but not be limited to:
i.
Data regarding the nature and distribution of soil characteristics relative to absorption capacity,
ii.
A site or plot plan, drawn to a scale prescribed by the city planner, but not less than a scale of one inch equals 100 feet, reflecting the location on the site where such test(s) were conducted, including: (A) representations of property lines and all recorded and projected easements and public rights-of-way, and (B) the topography of the site which is within a 100 foot radius of such test locations,
iii.
A concluding statement evaluating the ability of the project's sewage disposal system to meet the absorption capacity requirements of Los Angeles County's standards for private sewage disposal systems.
8.
Photographs of the site and its surroundings as prescribed by the director. Normally, such photos should include views of the site and properties adjacent for a distance of 300 feet from each end of the principal street frontage, as well as properties opposite the subject and adjacent properties. Photos should be mounted color prints, spliced from continuous views along the principal street(s), with a key map provided indicating relationship of views to parcels, streets, and features.
9.
Color chips including reflectance values (LRVs) and keyed to elevation drawings.
10.
Recommended for complete understanding of the proposal where appropriate, a three-dimensional scale model of the project site, on-site erection of a full-size mockup (either balloons denoting building corners or a story pole frame), perspective views, building plans or such other graphic information.
11.
A completed initial study questionnaire, on forms provided by the city.
12.
Where the impact of noncompliance with specified guidelines and/or standards of this chapter cannot be determined by the city following public review, the applicant will be required to provide alternative project plans which are in conformance with said guidelines and standards for the purpose of comparative evaluation.
B.
Waiver of Requirement for Application Materials. The requirement to submit any or all of the materials enumerated above may be waived by the director, under any of the following conditions:
1.
There is no evidence that project characteristics warrant technical review by the planning commission to supplement the technical review provided by the plan check process.
2.
For any addition to an existing housing development, the materials are not applicable to the scope of the project and not pertinent to any of the findings contained in subsection (B)(7) of this section.
3.
The existence of recently completed and satisfactory reports covering the same subject matter on the same site.
4.
Inclusion of any or all of the above reports as part of an environmental impact report or negative declaration, if either is required or has been satisfactorily completed for the proposal on the site.
5.
The existence of reports as described in subsections (A)(7)(a) and (b) of this section, previously prepared for a site or area adjacent to the project site, if the project site and such adjacent site or area may reasonably be expected to possess similar characteristics relative to the development issues addressed by this chapter.
(Ord. 329 § 1.2, 2002)
§ 11.35.060 Project approval.
A.
Initiation. A proposal for hillside development may be initiated by application. An administrative hearing may also be initiated by referral by the director. A planning commission hearing may also be initiated by referral by the administrative hearing authority, or by appeal of an administrative hearing action by any party.
B.
Notification. Notice of director's review shall be subject to neighbor notification per Section 11.45.060(C)(2)(a). Notice of the administrative hearing or planning commission hearing shall be provided to all owners of property located within 800 feet of any subject site within the R1-20,000 or R1-40,000 base zones or within the "B" overlay zone, and to all owners of property located within 300 feet of any other subject site. Such notice shall be mailed no less than ten days prior to the hearing date and shall include the date, time and location of the hearing and a brief description of the project and site location.
C.
Authority.
1.
Conditions of Approval. At any level of review, conditions may be imposed as a part of any approval such as are deemed necessary to fulfill the purposes of the zoning ordinance and may include reasonable guarantees and evidence that such conditions are being, or will be, complied with.
2.
Director's Review. Applications for hillside development shall be reviewed by the director of community development, or designee. The director or designee shall determine that all applicable provisions of this chapter are met by the project, and that the project is found not to be in conflict with or potentially detrimental to the public health, safety or welfare or other community standards, and conforms to the city's general plan and all other ordinances and regulations of the city. Director's review shall be subject to planning commission call-up per Section 11.45.060(D)(1). Any project which exceeds the thresholds established by this chapter or does not meet the standards of this chapter may not be approved, unless an administrative hearing or planning commission public hearing is held, in accordance with procedures contained herein.
3.
Administrative Hearing. Applications for administrative hearing review shall be acted upon by the planning commission. The planning commission may delegate administrative hearing authority to a subcommittee of that body, or to the director or designee.
The administrative hearing authority may approve, approve with conditions, disapprove, or forward to the planning commission, with or without recommendation, any administrative hearing application.
4.
Planning Commission Hearing. Projects exceeding the threshold for planning commission review as established in Section 1l.35.030(C), single lot development projects referred from the administrative hearing authority to the planning commission, and all applications for multiple lot development projects, as defined in this section, shall be subject to review and action by the planning commission. For the purposes of this section, a multiple lot development project shall be considered to be any development of two or more contiguous lots or parcels of land.
D.
Required Findings. The administrative hearing authority or planning commission may approve an application following a determination that all of the following findings can be met:
1.
The project, through elements of architectural and landscape design, will uphold the policies of this chapter, and will be harmonious with the better aspects of the built and natural setting;
2.
The project will maximize potential for sensitive use and effective preservation of open space;
3.
The project will not be detrimental to the public health, safety, or general welfare;
4.
The project will not adversely affect the orderly development of property within the city;
5.
The project will conform to the goals and policies set forth in the general plan;
6.
The project will not create a nuisance, hazard or enforcement problem within the neighborhood or the city or require the city to provide an unusual or disproportionate level of public services;
7.
There are special conditions or unique characteristics of the subject property and its location or surroundings, such as minimal views or the potential for reducing effectively viewed bulk, which justify exceeding the provisions of one or more of the provisions set forth in this chapter to permit project development;
8.
Any potential for the project to present visibly excessive bulk from any vantage point, near or far, is mitigated by screening or siting characteristics;
9.
The project does not create an avoidable or unreasonable impairment of the view from any other property;
10.
Additionally, for any project on a lot or parcel with an average slope of 40% or greater:
a.
The height of the project, or any part of the project, does not present visibly excessive bulk from any vantage point, near or far,
b.
The project will not create an undue fire, flood, mudslide, subsidence, seismic safety, or other environmental risk for any persons or their property,
c.
The privacy of the residents of other properties will not be unreasonably compromised.
E.
Expiration. Approvals shall automatically expire if the use or action authorized by such approval is not commenced or construction necessary and incident thereto is not begun on or before the time limit specified in such permit, and thereafter diligently advanced, or if no time is specified, within 12 months after the date such approval was granted. However, if the approved documents are unchanged, the director may grant one additional 12 month extension of time; provided, that, no changes to the code affecting the project were instituted subsequent to the approval.
(Ord. 329 § 1.2, 2002; Ord. 413 §§ 19, 20, 2013)
§ 11.35.070 Granting of permits.
A.
No building permit shall be issued except in accordance with the terms of conditions of the hillside development permit approval.
B.
No occupancy permit shall be granted until plantings as approved on the landscaping plans are established, to be verified by two inspections approximately one month apart.
C.
No permit shall be issued for upstream facilities with significant unmitigated downstream impacts until mitigating measures have been implemented downstream.
(Ord. 329 § 1.2, 2002)
§ 11.35.080 Appeals.
Actions by the city on hillside projects may be appealed by any person upon filing of written notice of such appeal to the city within 15 days of the action, as follows:
A.
Any action by the director under this chapter is subject to appeal to an administrative hearing;
B.
Any action by an administrative hearing authority under this chapter is subject to appeal to the planning commission;
C.
Any decision of the planning commission under the provisions of this chapter is subject to appeal to the city council.
(Ord. 329 § 1.2, 2002)
§ 11.35.090 Fees.
Reasonable fees may be imposed by the city for review of project applications and appeals as provided for in this code.
(Ord. 329 § 1.2, 2002)
§ 11.35.100 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such division shall not affect the validity of the remaining portions thereof. The city hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause, and phrase thereof separately from any portion ever declared invalid or unconstitutional.
(Ord. 329 § 1.2, 2002)