The purpose hereof is to provide for a preliminary review of proposals for subdivisions, parcel maps and the grading of property within hillside areas, to insure compliance with the provisions of this code, the general plan, and compatibility with existing and future developments within such hillside areas, and to protect the health and safety of residents of hillside areas. (See Chapter 17.38 of this code, Planned Development Districts.)

(Prior code § 9252)

Hillside plans shall be required for any property located in any hillside area as designated on Exhibit 17.42.020, Hillside Areas Map, of the city where it is proposed to develop the same by means of a subdivision or parcel map, or where the development proposed requires a grading permit.

(Prior code § 9252.1)

EXHIBIT 17.42.020

HILLSIDE AREAS MAP

Where a hillside plan is required, it shall consist of the following:

A.

A map or maps showing the following information:

1.

All of the data required for submittal of a tentative tract map,

2.

Size and location of proposed and existing building pads and driveways, including grades of driveways,

3.

Cut and fill slopes, banks and terraces, topographic detail, including finish elevations at building pad, driveways, slopes, property lines and adjoining properties,

4.

All proposed retaining walls and protective fences,

5.

All lot drainage systems,

6.

Landmarks, terrain features, etc., to be preserved,

7.

Landscaping scheme, including street trees, slopes, terraces, parking areas and public areas,

8.

All existing and proposed roadways and other easements (public and private),

9.

Sight distance (horizontal and vertical) at all street intersections,

10.

All operating or planned oil production facilities,

11.

Plot plans for individual lots if required by city planner,

B.

A statement containing the following data:

1.

The type of house for which pads are designed (split level, slab, etc.),

2.

Grading scheme,

3.

Dwelling unit density proposed,

4.

Proposed covenants,

5.

Water supply, including storage tank locations within development,

6.

Treatment of view sites,

7.

Landscaping theme,

8.

Starting and completion dates of earthwork,

9.

Soil conditions, including any known groundwater conditions (dump site, oil well site, natural ground, etc.),

10.

A list of names and addresses of all surrounding property owners within three hundred feet of the exterior boundaries of the property involved in the proposed plan,

11.

Other materials as the applicant or city planner may deem appropriate.

(Prior code § 9252.2 (part))

Application for a hillside plan review shall be made by the property owner or an authorized agent, to the planning commission, on a form provided for that purpose by the city, and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Prior code § 9252.4)

A.

Applications and fees are to be filed at least three calendar weeks in advance of the planning commission meeting at which they are to be considered. Applications are to be submitted by the city planner to the engineering, fire, street and building divisions for comments and recommendations. These comments and recommendations, as well as other staff reports, will be submitted to the planning commission.

B.

Applications will include:

1.

Sixteen prints and one reproducible copy of the map;

2.

One copy of the statement; and

3.

Proof of ownership of the property, including the plan or written authorization of the owner.

(Prior code § 9252.2 (part))

The city planner shall set the request for a hillside plan review for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code, Public Hearings, Notices and Appeals.

(Prior code § 9252.5)

Before any hillside plan review shall be granted, the planning commission and city council shall determine that the applicant has shown that the plan as submitted:

A.

Is in compliance with the provisions of this code;

B.

Is consistent with the general plan; and

C.

Is compatible with present and future development of the property within the immediate vicinity.

(Prior code § 9252.6)

A.

If the commission finds that the plan has satisfied the showings required by Section 17.42.030, it shall recommend approval to the city council. The commission may also recommend conditional approval to insure compliance with the provisions hereof.

B.

If the commission finds that the plan does not comply with any provision of this code, or is inconsistent with the general plan, or is not compatible with the future development of property in the immediate vicinity, it shall deny the plan. In cases of denial, the commission's action shall be final, unless any person appeals to the city council by filing a written letter of appeal with the city clerk, together with a filing and processing fee in an amount set by resolution of the city council, appealing such decision to the city council not later than the day following the next regularly scheduled city council meeting following the action of the commission.

(Prior code § 9252.7)

Upon the receipt of the city clerk of a letter of appeal in the case of denial, or a copy of the commission's resolution recommending approval of a plan, the clerk shall set the plan for consideration by the council at its next convenient meeting. The city clerk shall give notice, (See Chapter 17.78 of this code). At such time and place, the city council shall consider the planning commission's files and all applicable staff reports, and determine whether the planning commission's action should be approved, modified or denied. The action of the council shall be based upon the same factors as the action of the planning commission. The action of the council shall be final.

(Prior code § 9258.8 (part))

If the city council approves the plan, the approval will be valid and in effect for eighteen months after approval. If all or a portion of the development is not started in this period of time, the plan will be deemed expired at the end of eighteen months. The city planner may extend the period of time for not more than an additional eighteen months if there is good cause.

(Prior code § 9258.8 (part))

Any subdivision or parcel map which includes property located in a hillside area shall be denied unless such development has been approved by a hillside plan.

(Prior code § 9252.3)