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Porterville City Zoning Code

SERIES 500

OVERLAY DISTRICTS

500.01: PURPOSE:

As used herein, "airport" means the Porterville Municipal Airport. The airport environs (AE) overlay district is established to:
   A.   Protect land uses around the airport from potential hazards of airport operations;
   B.   Identify a range of uses compatible with airport accident hazard and airport noise exposure;
   C.   Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations;
   D.   Require noise attenuated construction within the airport environs; and
   E.   Comply with federal aviation administration (FAA) regulations. (Ord. 1801, 12-3-2013)

500.02: APPLICABILITY:

The standards and regulations of this article apply to all lands within the AE overlay district mapped on the official zoning map.
Regulations in the AE overlay district modify and supplement the underlying zoning district regulations. Within the AE overlay district, noise impact zones, airport safety zones, and airspace protection zones apply. Where a proposed use, building, or land is impacted by more than one zone, the use, building and/or land shall conform to the requirements of all applicable zones. Where zones impose conflicting requirements, the most restrictive of the requirements shall apply. (Ord. 1801, 12-3-2013)

500.03: USE RESTRICTIONS:

Notwithstanding any other provisions of this article, no use may be made of land or water within the AE overlay district in such a manner that would:
   A.   Create a "hazard to air navigation" as determined by the FAA;
   B.   Result in glare in the eyes of pilots using the airport;
   C.   Make it difficult for pilots to distinguish between airport lights and others;
   D.   Impair visibility in the vicinity of the airport;
   E.   Create steam or other emissions that cause thermal plumes or other forms of unstable air;
   F.   Create electrical interference with navigation signals or radio communication between the airport and aircraft;
   G.   Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight; or
   H.   Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. (Ord. 1801, 12-3-2013)

500.04: DEVELOPMENT BY RIGHT:

Nothing in this article prohibits:
   A.   Construction of a single-family home, and a second unit, outside of safety zone 1, on a legal lot of record as of the date of adoption hereof if such use is permitted in the underlying zoning district.
   B.   Lot line adjustments provided that new developable parcels would not be created and the resulting intensity or density of the affected property would not exceed the applicable criteria indicated in section 500.06, table 500.06A of this article.
   C.   The construction of buildings, the development of facilities, and the establishment of uses other than residential uses in a permanent building or facility, within the "aviation" area as defined on the FAA's "approved conditionally" airport layout plan and which are determined "airport supporting" by the airport manager or city council. Crew quarters in a permanent building or facility may be allowed with conditional use permit approval.
   D.   Uses and facilities in place at the adoption of this chapter within the "aviation" area as defined on the FAA's "approved conditionally" airport layout plan. (Ord. 1801, 12-3-2013)

500.05: REGULATIONS FOR NOISE EXPOSURE:

   A.   Noise Exposure; Compatibility Criteria: In regard to noise exposure levels, land uses are classified as being either "normally compatible", "conditional" or "incompatible" as defined below. All land uses are compatible at noise exposure less than CNEL fifty five (55) dB.
      1.   Normally compatible:
         a.   Indoor Uses: Either the activities associated with the land use are inherently noisy or standard construction methods will sufficiently attenuate exterior noise to an acceptable indoor community noise equivalent level (CNEL); for land use types that are compatible because of inherent noise levels, sound attenuation must be provided for associated office, retail, and other noise sensitive indoor spaces sufficient to reduce exterior noise to an interior maximum of CNEL fifty (50) dB.
         b.   Outdoor Uses: Except as noted in the table, activities associated with the land use may be carried out with minimal interference from aircraft noise.
      2.   Conditional:
         a.   Indoor Uses: Building structure must be capable of attenuating exterior noise to the indoor CNEL indicated by the number in the table cell.
         b.   Outdoor Uses: Caution shall be exercised with regard to noise sensitive outdoor uses; these uses are likely to be disrupted by aircraft noise events; acceptability is dependent upon characteristics of the specific use. Noise sensitive land uses are ones for which the associated primary activities, whether indoor or outdoor, are susceptible to disruption by loud noise events. The most common types of noise sensitive land uses include, but are not limited to, the following: residential, hospitals, nursing facilities, intermediate care facilities, educational facilities, libraries, museums, places of worship, childcare facilities, and certain types of passive recreational parks and open space.
      3.   Incompatible:
         a.   Indoor Uses: Unacceptable noise interference if windows are open; at exposures above CNEL sixty five (65) dB, extensive mitigation techniques required to make the indoor environment acceptable for performance of activities associated with the land use.
         b.   Outdoor Uses: Severe noise interference makes the outdoor environment unacceptable for performance of activities associated with the land use.
   B.   Noise Exposure; Land Use Compatibility: Table 500.05B of this section describes the compatibility of various land uses within the noise impact zones as shown in section 500.10, map 500-1, "Airport Impact Map: Future Noise", of this article. Land uses not specifically listed in table 500.05B of this section shall be evaluated by the zoning administrator based on the criteria for the most similar comparable use.
The "conditional criteria" column lists the criteria to be met by uses listed as "conditional". The note numbers refer to criteria listed at the end of the table.
When a proposed building lies within multiple CNEL range zones (e.g., partly in 60 to 65 dB and partly in 65 to 70 dB), the higher range zone applies for the purposes of determining sound attenuation requirements unless less than twenty five percent (25%) of the building floor area is within that zone. In such case, the lower range zone may be used.
   TABLE 500.05B:   LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL
 
NC =
Normally compatible
C =
Conditional
I =
Incompatible
Land Use
Exterior Noise Exposure
(CNEL dB)
Conditional
Criteria
Land Use
Exterior Noise Exposure
(CNEL dB)
Conditional
Criteria
55 - 60
60 - 65
65 - 70
70 - 75
75 - 80
Outdoor uses (limited or no activities in buildings):
 
 
 
 
 
 
 
Natural land areas: woods, brush lands, desert
NC
NC
NC
NC
NC
See note 1
 
Water: floodplains, wetlands, lakes, reservoirs
NC
NC
NC
NC
NC
 
 
Agriculture (except residences and livestock): crops, orchards, vineyards, pasture, rangeland
NC
NC
NC
NC
NC
 
 
Livestock uses: feedlots, stockyards, breeding, fish hatcheries, horse stables
C
C
C
C
I
See note 2
 
Outdoor major assembly facilities (capacity 1,000 people): spectator oriented outdoor stadiums, amphitheaters, fairgrounds, zoos
C
C
C
I
I
See note 3
 
Group recreation (limited spectator stands): athletic fields, water recreation facilities, picnic areas
NC
NC
C
I
I
See note 3
 
Small/nongroup recreation: golf courses, tennis courts, shooting ranges
NC
C
C
I
I
See note 3
 
Local parks: children oriented neighborhood parks, playgrounds
NC
C
I
I
I
See note 3
 
Camping: campgrounds, recreational vehicle/motor home parks
NC
NC
I
I
I
 
 
Cemeteries (excluding chapels)
NC
NC
NC
NC
I
See note 4
Residential and lodging uses:
 
 
 
 
 
 
 
Single-family residential: individual dwellings, townhouses, mobile homes, bed and breakfast inns
C, 40
C, 40
I
I
I
See note 5
 
Multi-family residential
C, 40
C, 40
I
I
I
See note 5
 
Long term lodging (>30 nights): extended stay hotels, dormitories
NC
C, 45
I
I
I
 
 
Short term lodging (30 nights): hotels, motels, other transient lodging (except conference/assembly facilities)
NC
C, 45
I
I
I
 
 
Congregate care: retirement homes, assisted living, nursing homes, intermediate care facilities
NC
C, 45
I
I
I
 
Educational and institutional uses:
 
 
 
 
 
 
 
Family daycare homes (14 children)
NC
I
I
I
I
 
 
Children's schools: K - 12, daycare centers (>14 children); school libraries
NC
I
I
I
I
 
 
Adult education classroom space: adult schools, colleges, universities
NC
C, 45
C, 45
I
I
See note 6
 
Community libraries
NC
C, 45
I
I
I
 
 
Indoor major assembly facilities (capacity 1,000 people): auditoriums, conference centers, concert halls, indoor arenas, casinos
NC
C, 45
C, 45
I
I
 
 
Indoor large assembly facilities (capacity 300 to 999 people): movie theaters, places of worship, cemetery chapels, mortuaries
NC
C, 45
C, 45
I
I
 
 
Indoor recreation: gymnasiums, clubhouses, athletic clubs, dance studios
NC
NC
C, 50
I
I
 
 
Inpatient medical: hospitals, mental hospitals
NC
C, 45
NC
I
I
 
 
Outpatient medical: healthcare centers, clinics
NC
C, 45
C, 45
I
I
 
 
Penal institutions: prisons, reformatories
NC
C, 45
C, 45
I
I
 
 
Public safety facilities: police, fire stations
NC
NC
C, 50
C, 50
I
 
Commercial, office and service uses:
 
 
 
 
 
 
 
Major retail: regional shopping centers, "big box" retail
NC
NC
C, 50
I
I
 
 
Local retail: community/neighborhood shopping centers, grocery stores
NC
NC
C, 50
I
I
 
 
Eating/drinking establishments: restaurants, fast food dining, bars
NC
NC
C, 50
I
I
 
 
Limited retail/wholesale: furniture, automobiles, heavy equipment, lumberyards, nurseries
NC
NC
C, 50
I
I
 
 
Offices: professional services, doctors, finance, civic; radio, television and recording studios, office space associated with other listed uses
NC
NC
C, 50
I
I
 
 
Personal and miscellaneous services: barbers, car washes, print shops
NC
NC
C, 50
I
I
 
 
Vehicle fueling: gas stations, trucking and transportation terminals
NC
NC
NC
C, 50
C, 50
 
Industrial, manufacturing, and storage uses:
 
 
 
 
 
 
 
Hazardous materials production: oil refineries, chemical plants
NC
NC
NC
NC
NC
 
 
Heavy industrial
NC
NC
NC
NC
NC
 
 
Light industrial, high intensity: food products preparation, electronic equipment
NC
NC
NC
C, 50
C, 50
 
 
Light industrial, low intensity: machine shops, wood products, auto repair
NC
NC
NC
C, 50
C, 50
 
 
Research and development
NC
NC
C, 50
C, 50
I
 
 
Indoor storage: wholesale sales, warehouses, mini/other indoor storage, barns, greenhouses
NC
NC
NC
NC
NC
 
 
Outdoor storage: public works yards, automobile dismantling
NC
NC
NC
NC
NC
 
 
Mining and extraction
NC
NC
NC
NC
NC
 
Transportation, communication, and utilities:
 
 
 
 
 
 
 
Airport terminals: airline, general aviation
NC
NC
NC
C, 50
I
 
 
Rail and bus stations
NC
NC
NC
C, 50
I
 
 
Transportation routes: road and rail rights of way, bus stops
NC
NC
NC
NC
NC
 
 
Auto parking: surface lots, structures
NC
NC
NC
NC
NC
 
 
Communications facilities: emergency communications, broadcast and cell towers
NC
NC
NC
NC
NC
 
 
Power plants
NC
NC
NC
NC
NC
 
 
Electrical substations
NC
NC
NC
NC
NC
 
 
Wastewater facilities: treatment, disposal
NC
NC
NC
NC
NC
 
 
Solid waste disposal facilities: landfill, incineration
NC
NC
NC
NC
NC
 
 
Solid waste transfer facilities, recycle centers
NC
NC
NC
NC
NC
 
 
Notes:
   Conditional Criteria:
   1.    Compatible at levels indicated, but noise disruption of natural quiet will occur.
   2.    Exercise caution with uses involving noise sensitive animals.
   3.    Exercise caution if clear audibility by users is essential.
   4.    Compatible at levels indicated, but noise disruption of outdoor activities will occur.
   5.    Only on existing residential parcels; no subdivisions are allowed.
   6.    Applies only to classrooms; offices, laboratory facilities, gymnasiums, outdoor athletic facilities, and other uses to be evaluated as indicated for those land use categories.
   C.   Single Event Noise Levels: Single event noise levels shall be considered when evaluating the compatibility of highly noise sensitive land uses such as residences, schools, libraries, and outdoor theaters. Susceptibility to speech interference and sleep disturbance are among the factors that make certain land uses noise sensitive. Single event noise levels are especially important in areas that are regularly overflown by aircraft, but that do not produce significant CNEL contours (helicopter overflight areas are a particular example). Flight patterns for Porterville Municipal Airport shall be considered in the review process. Acoustical studies or on site noise measurements may be required to assist in determining the compatibility of sensitive uses.
   D.   Maximum Acceptable Interior Noise Levels: Land uses for which interior activities may be easily disrupted by noise shall comply with the following maximum, aircraft related, interior noise level criteria:
      1.   CNEL forty (40) dB in any habitable room of single- or multi- family residences.
      2.   CNEL forty five (45) dB for: hotels, motels, and other lodging; hospitals and nursing homes; places of worship, meeting halls, theaters, and mortuaries; and schools, libraries, and museums.
      3.   CNEL fifty (50) dB in offices and office areas of industrial facilities.
   E.   Residential Interior Noise Level Reduction: New dwellings exposed to CNEL above sixty (60) dB shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL forty (40) dB are incorporated and verified by a board certified acoustical engineer:
      1.   All facades must be constructed with substantial weight and insulation;
      2.   Sound rated windows providing noise reduction performance similar to that of the facade must be included for habitable rooms;
      3.   Sound rated doors or storm doors providing noise reduction performance similar to that of the facade must be included for all exterior entries;
      4.   Acoustic baffling of vents is required for chimneys, fans, and gable ends;
      5.   Installation of a mechanical ventilation system affording comfort under closed window conditions; and
      6.   Double stud construction, double doors, and heavy roofs with ceilings of two (2) layers of gypsum board on resilient channels. (Ord. 1801, 12-3-2013)

500.06: REGULATIONS FOR SAFETY:

   A.   Development Standards: Table 500.06A of this section describes the development standards for all development within the airport safety zones as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article. Additional standards follow the table.
      TABLE 500.06A:   DEVELOPMENT STANDARDS -AIRPORT SAFETY ZONES
Standard
Safety Zones
1
2
3
4
5
6
Standard
Safety Zones
1
2
3
4
5
6
Maximum lot coverage (% of site)
0
40
60
70
70
100
Nonresidential development:
 
 
 
 
 
 
 
Maximum sitewide average intensity (people/acre)
10
60
100
160
160
n/a
 
Maximum single acre intensity (people/acre)
20
120
250
400
400
n/a
Residential development:
 
 
 
 
 
 
 
Maximum sitewide average density (units/acre)
n/a
n/a
4
4
n/a
n/a
 
Maximum single acre density (units/acre)
n/a
n/a
12
12
n/a
n/a
 
      1.   Intensity Calculation:
         a.   Nonresidential Development: Usage intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. The city may make exceptions for rare special events (e.g., an airshow at the airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.
         b.   Residential Development:
            (1)   The maximum allowable residential densities are intended to include density bonuses and any other bonuses or allowances that the city may provide for affordable housing developed in accordance with the provisions of state and/or local law or regulation. The overall density of a development project, including any bonuses or allowances, must comply with the allowable density criteria in table 500.06A of this section.
            (2)   Second units are excluded from density calculations.
         c.   Mixed Use Development:
            (1)   Where the residential and nonresidential uses are proposed to be situated on separate parts of the project site, the project shall be evaluated as separate developments. The residential density shall be calculated with respect to the area(s) to be devoted to residential development and the nonresidential intensity calculated with respect to the area(s) proposed for nonresidential uses.
            (2)   Development in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or nearby buildings on the same site must meet both residential density and nonresidential intensity criteria. The number of dwelling units shall not exceed the density limits indicated in table 500.06A of this section. Additionally, the normal occupancy of the residential portion shall be added to that of the nonresidential portion and the total occupancy shall be evaluated with respect to the nonresidential usage intensity criteria cited in table 500.06A of this section.
   B.   Airport Safety; Compatibility Criteria: In regard to airport safety, land uses are classified as being either "normally compatible", "conditional" or "incompatible" as defined below.
      1.   Normally compatible: Normal examples of the use are compatible under the presumption that usage intensity and maximum lot coverage criteria in table 500.06A of this section will be met. Atypical examples may require review to ensure compliance with usage intensity and lot coverage criteria. Noise, airspace protection, and/or overflight limitations may apply.
      2.   Conditional: Use is compatible if indicated floor area ratio (FAR), lot coverage, and other listed conditions are met.
      3.   Incompatible: Use shall not be permitted under any circumstances.
   C.   Airport Safety; Land Use Compatibility: Table 500.06C of this section describes the compatibility of various land uses within the airport safety zones as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article. Land uses are classified as being either "normally compatible", "conditional" or "incompatible".
Land uses not specifically listed in table 500.06C of this section shall be evaluated by the zoning administrator based on the criteria for the most similar comparable use.
Numbers in table cells refer to the maximum allowable FAR.
Notes in table cells refer to criteria to be met by uses listed as "conditional". The note numbers refer to criteria listed at the end of the table.
   TABLE 500.06C:   LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES
 
NC =
Normally compatible
C =
Conditional
I =
Incompatible
Land Use
Safety Zones
1
2
3
4
5
6
Land Use
Safety Zones
1
2
3
4
5
6
Outdoor uses (limited or no activities in buildings):
 
 
 
 
 
 
 
Natural land areas: woods, brush lands, desert
C1
NC
NC
NC
NC
NC
 
Water: floodplains, wetlands, lakes, reservoirs
C1
NC
NC
NC
NC
NC
 
Agriculture (except residences and livestock): crops, orchards, vineyards, pasture, rangeland
C2
NC
NC
NC
NC
NC
 
Livestock uses: feedlots, stockyards, breeding, fish hatcheries, horse stables
I
NC
NC
NC
NC
NC
 
Outdoor major assembly facilities (capacity 1,000 people): spectator oriented outdoor stadiums, amphitheaters, fairgrounds, zoos
I
I
I
I
I
C3
 
Group recreation (limited spectator stands): athletic fields, water recreation facilities, picnic areas
I
I
C3
NC
C3,4
NC
 
Small/nongroup recreation: golf courses, tennis courts, shooting ranges
I
NC
NC
NC
NC
NC
 
Local parks: children oriented neighborhood parks, playgrounds
I
NC
C3
NC
C3,4
NC
 
Camping: campgrounds, recreational vehicle/motor home parks
I
I
C5
C5
C4,5
NC
 
Cemeteries (except chapels)
I
NC
NC
NC
NC
NC
Residential and lodging uses:
 
 
 
 
 
 
 
Single-family residential: individual dwellings, townhouses, mobile homes, bed and breakfast inns
I
C6
C
C
C6
NC
 
Multi-family residential
I
I
I
I
I
NC
 
Long term lodging (>30 nights): extended stay hotels, dormitories
I
I
I
I
I
NC
 
Short term lodging (30 nights): hotels, motels, other transient lodging (except conference/assembly facilities)
I
I
C, 0.46
C, 0.74
I
NC
 
Congregate care: retirement homes, assisted living, nursing homes, intermediate care facilities
I
I
I
I
I
NC
Educational and institutional uses:
 
 
 
 
 
 
 
Family daycare homes (14 children)
I
I
I
I
I
NC
 
Children's schools: K - 12, daycare centers (>14 children); school libraries
I
I
C7
C7
I
NC
 
Adult education classroom space: adult schools, colleges, universities
I
I
C, 0.09 8
C, 0.15 8
I
NC
 
Community libraries
I
I
C, 0.23
C, 0.37
I
NC
 
Indoor major assembly facilities (capacity 1,000 people): auditoriums, conference centers, concert halls, indoor arenas, casinos
I
I
I
I
I
C3
 
Indoor large assembly facilities (capacity 300 to 999 people): movie theaters, places of worship, cemetery chapels, mortuaries
I
I
C, 0.03
C, 0.05
I
NC
 
Indoor recreation: gymnasiums, clubhouses, athletic clubs, dance studios
I
I
C, 0.14
C, 0.22
I
NC
 
Inpatient medical: hospitals, mental hospitals
I
I
C7
C7
I
NC
 
Outpatient medical: healthcare centers, clinics
I
I
C, 0.55
C, 0.88
I
NC
 
Penal institutions: prisons, reformatories
I
I
I
I
I
NC
 
Public safety facilities: police, fire stations
I
I
C3
C
C3,4
NC
Commercial, office, and service uses:
 
 
 
 
 
 
 
Major retail: regional shopping centers, "big box" retail
I
I
C, 0.25 9,10
C, 0.40 9,10
I
NC
 
Local retail: community/neighborhood shopping centers, grocery stores
I
I
C, 0.39 10
C, 0.62 10
I
NC
 
Eating/drinking establishments: restaurants, fast food dining, bars
I
I
C, 0.14
C, 0.22
C, 0.22 4
NC
 
Limited retail/wholesale: furniture, automobiles, heavy equipment, lumberyards, nurseries
I
C, 0.34 11
NC
NC
C, 0.92 11
NC
 
Offices: professional services, doctors, finance, civic; radio, television and recording studios, office space associated with other listed uses
I
C, 0.30
C, 0.49
C, 0.79
C, 0.79 4
NC
 
Personal and miscellaneous services: barbers, car washes, print shops
I
C, 0.28
NC
NC
NC
NC
 
Vehicle fueling: gas stations, trucking and transportation terminals
I
I
NC
NC
C12
NC
Industrial, manufacturing, and storage uses:
 
 
 
 
 
 
 
Hazardous materials production: oil refineries, chemical plants
I
I
I
I
I
C3
 
Heavy industrial
I
I
C13
C13
I
NC
 
Light industrial, high intensity: food products preparation, electronic equipment
I
I
C, 0.46 13
C, 0.74 13
I
NC
 
Light industrial, low intensity: machine shops, wood products, auto repair
I
C, 0.41 13
NC
NC
C, 1.10 13
NC
 
Research and development
I
I
C, 0.69 13
C, 1.10 13
I
NC
 
Indoor storage: wholesale sales, warehouses, mini/other indoor storage, barns, greenhouses
I
C, 1.38
NC
NC
NC
NC
 
Outdoor storage: public works yards, automobile dismantling
I
NC
NC
NC
NC
NC
 
Mining and extraction
I
NC
NC
NC
NC
NC
Transportation, communication, and utilities:
 
 
 
 
 
 
 
Airport terminals: airline, general aviation
I
NC
NC
NC
NC
NC
 
Rail and bus stations
I
C3
NC
NC
C3
NC
 
Transportation routes: road and rail rights of way, bus stops
C2
NC
NC
NC
NC
NC
 
Auto parking: surface lots, structures
C2
NC
NC
NC
NC
NC
 
Communications facilities: emergency communications, broadcast and cell towers
I
C3
C3
C3
C3
C3
 
Power plants
I
I
C14
C14
I
NC
 
Electrical substations
I
C3
NC
NC
C3
NC
 
Wastewater facilities: treatment, disposal
I
NC
NC
NC
NC
NC
 
Solid waste disposal facilities: landfill, incineration
I
NC
NC
NC
NC
NC
 
Solid waste transfer facilities, recycle centers
I
NC
NC
NC
NC
NC
 
Notes:
   Conditional Criteria:
   1.   Objects above runway elevation not allowed in object free area (OFA), the dimensions of which are established by FAA airport design standards for the runway.
   2.   Not allowed in OFA.
   3.   Allowed only if site outside safety zone would not serve intended function.
   4.   Not allowed within 1,000 feet of runway centerline.
   5.   Allowed only if intensity criteria listed in table 500.06A of this section are met.
   6.   Accessory buildings only. Dwelling must be located outside of safety zone.
   7.   No new sites or land acquisition. Building replacement and expansion allowed for existing facilities. School expansion is limited to 50 students.
   8.   Also subject to limitations of individual components of campus facilities (e.g., assembly facilities, offices, gymnasiums).
   9.   Building capacity limited to 1,000 people.
   10.   Eating and drinking establishments that make up 10 percent or more of the total floor area shall be evaluated separately.
   11.   Design site to locate buildings outside of safety zone whenever possible. Parking areas may be located within safety zone.
   12.   No fuel tanks within 1,000 feet of runway centerline.
   13.   Avoid bulk storage of hazardous materials. Permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft.
   14.   Peaker plants only. Primary plants not allowed.
(Ord. 1801, 12-3-2013)

500.07: REGULATIONS FOR AIRSPACE PROTECTION:

   A.   Height Limitations: The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in federal aviation regulations (FAR) part 77, subpart C, objects affecting navigable airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR part 77, subpart C, the results of that study shall be taken into account by the city.
      1.   Maximum Height:
         a.   Except as provided below, no object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted for Porterville Municipal Airport in section 500.10, map 500-4, "Airport Impact Map: Airspace Protection", of this article.
         b.   Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR part 77.
      2.   Exception: Outside the primary surface and the approach or transitional surfaces, no object shall be limited to a height of less than thirty five feet (35') above the ground even if the object would penetrate an FAR part 77 surface and thus constitute an obstruction.
   B.   FAA Notification: Any person proposing construction or alteration within the AE overlay district shall submit notification of the proposal to the FAA if such construction or alteration exceeds any of the following height standards:
      1.   Two hundred feet (200') above ground level.
      2.   The plane of an imaginary surface extending outward and upward at a slope of one hundred to one (100:1) for a distance of twenty thousand feet (20,000') from the nearest point of any runway. (Ord. 1801, 12-3-2013)

500.08: SUPPLEMENTAL REGULATIONS:

   A.   Avigation Easement Dedication: An avigation easement shall be dedicated to the city of Porterville for the following development:
      1.   Any residential development within the CNEL fifty five (55) dB contour shown in section 500.10, map 500-1, "Airport Impact Map: Future Noise", of this article.
      2.   Any residential or nonresidential development within safety zones 1 through 5 as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article.
      3.   Any residential or nonresidential development within an area beneath a transitional surface or the inner ten thousand feet (10,000') of an approach surface.
   B.   Overflight Notification: If no avigation easement is otherwise provided, residential development within the primary or secondary overflight area indicated in section 500.10, map 500-3, "Airport Impact Map: Overflight", of this article, an overflight notification consistent with the following standards shall be recorded:
      1.   The notification shall contain the following language dictated by state law with regard to real estate transfer disclosure:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
      2.   The notification shall be made evident to prospective purchasers of the property and shall appear on the property deed. (Ord. 1801, 12-3-2013)

500.09: NONCONFORMING USES:

Lawful nonconforming structures may be continued and maintained without being required to conform to the requirements of this article in accordance with the following:
   A.   Residential Single-Family: A nonconforming single-family dwelling may be maintained, remodeled, reconstructed, or expanded in size as long as there is no increase in the number of dwelling units. Secondary dwelling units may be constructed. The lot line of an existing single-family residential parcel may be adjusted as long as it does not result in an increase of allowable density.
   B.   Residential Multi-Family: Nonconforming multi-family residential dwellings may be maintained, remodeled, or reconstructed. The size of individual dwelling units may be increased, but additional dwelling units may not be added. Sound attenuation and avigation easement dedication requirements established by this article shall apply.
   C.   Nonresidential: Nonconforming nonresidential facilities may be maintained, altered, or reconstructed. However, any such work must not result in expansion of either the portion of the site devoted to the nonconforming use or the floor area of the buildings and must not result in an increase in the usage intensity (the number of people per acre) above the levels existing at the time of adoption of this chapter. Sound attenuation and avigation easement dedication requirements established by this article shall apply. (Ord. 1801, 12-3-2013)

500.10: AIRPORT IMPACT MAPS:

!!!
 
 
 
 
(Ord. 1801, 12-3-2013)

501.01: PURPOSE AND INTENT:

   A.   The hillside zone (HZ) overlay district is established to achieve the city's objective to facilitate and permit the orderly development of property within the hillside areas through a set of hillside development standards aimed at protecting the public health, safety and welfare; protecting and preserving natural and biological resources for the long term benefit of the Porterville community and the broader community; recognizing the inherent value in the properties subject to this article; allowing size, type, location, density, and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the city's objectives.
   B.   The HZ overlay district and the regulations contained in this article are intended to provide development that is consistent with and serves to implement the goals and policies of the general plan for properties classified in the HZ overlay district. Specific regulations and standards address the following city objectives:
      1.   To uphold the value of the community and the subject property by protecting ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, and scenic resources.
      2.   Enable property owners to select suitable development sites on their real property for new hillside development projects founded on science based conclusions, including the use of slope density calculations and maximum land holding capacity, to determine the appropriate density and intensity of a structure that can be built on a particular hillside slope.
      3.   To provide for hillside development that maintains the integrity of the hillsides' natural characteristics and features.
   FIGURE 501.01B1:   HILLSIDE DEVELOPMENTS
 
      4.   To ensure the ridgelines that frame the city of Porterville will be preserved to the greatest extent possible.
   FIGURE 501.01B2:   RIDGELINES
 
      5.   To facilitate the protection of existing views from vantage points within public open spaces, rights of way, public parks, and private development from encroachment by new development.
      6.   To minimize grading and cut and fill operations where possible to retain the natural character of the hillside areas.
      7.   Minimize water runoff and soil erosion incurred in adjusting the terrain to meet on site and off site development needs.
      8.   To encourage all the characteristics and qualities of a cohesive neighborhood that promotes a "sense of place" within a hillside setting.
      9.   To promote and encourage a variety of high quality, alternative architectural and development designs and concepts appropriate for hillside areas.
      10.   To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, hydrologic and fire, including damage to property from landslides, erosion, earth creep, and stormwater runoff, and other hazards in and near hillsides.
      11.   To reflect the city's design goals and policies expressed in the general plan.
      12.   To require that infrastructure such as, but not limited to, roads, utilities, drainage, and sound attenuation barriers serve both a utilitarian and aesthetic purpose.
      13.   To ensure that open space is an integral part of subdivision design.
   FIGURE 501.01B3:   LANDSCAPING
 
      14.   To provide areas where residents can enjoy active and passive recreation.
   FIGURE 501.01B4:   OPEN SPACE AREAS
 
      15.   To ensure that proper landscape setbacks are provided to separate residential uses from nonresidential uses and to allow for transitions between natural open space and development.
   FIGURE 501.01B5:   BIOSWALES
 
      16.   To ensure that the circulation system is a beneficial element in the hillside development setting and maintains, to the greatest extent possible, the natural characteristics of a hillside environment.
      17.   To ensure quality development that blends with the hillside environment, and to create neighborhoods that display a cohesive and harmonious form and complementary architectural styles.
      18.   To minimize resource consumption through the use of a drought tolerant native plant palette. (Ord. 1801, 12-3-2013)

501.02: APPLICABILITY:

   A.   The HZ overlay district shall be applied to all properties within the incorporated boundaries of the city of Porterville, as well as those properties within the city's official sphere of influence, as may be amended from time to time, that are designated hillside development zone on the Porterville 2030 general plan land use diagram, and that have an average slope equal to or greater than six percent (6%).
   B.   The regulations of this chapter and requirements or conditions imposed pursuant to this chapter shall not supersede any other regulations or requirements adopted or imposed by the Porterville city council, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this chapter, including the urban wildland interface code. Where conflict occurs between the provisions of this chapter and any other city ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. (Ord. 1858, 7-2-2019)

501.03: REQUIRED PLANS AND MATERIALS:

The following information is supplemental to the basic requirements for submittal of subdivision maps, information and/or other entitlement applications required for review by the zoning administrator and city council. The specified data shall be submitted concurrently with all required application forms and fees, provided that the zoning administrator may waive submission of items deemed unnecessary. Where appropriate, the following information may be combined onto submittal exhibits. The submittal of applications for parcel maps, containing four (4) or fewer lots, shall only require items in subsections A, B, D and E of this section.
   A.   Topographical Map: A topographical map at a scale specified in development applications. This map shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams or waters of the United States, rock outcroppings, existing manmade features, mines, and existing vegetation. The topographic map shall include areas of protected plant or animal communities identified in the biological resource survey report described in subsection G2 of this section. Also depicted shall be known landslides and other existing geologic conditions.
   B.   Conceptual Grading Plan: A conceptual grading plan, which shall include the following items in addition to those required by the municipal code:
      1.   Top of walls.
      2.   Top of curbs.
      3.   High point and low point elevations.
      4.   Pad and/or finished floor elevations.
      5.   Areas of cut and fill, calculated as a percentage of the total site area.
      6.   Contours for existing and proposed topography. 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 five feet (5') of change in elevation, with two foot (2') contours shown in the flatter areas below ten percent (10%).
      7.   Lot and pad dimensions, along with a statistical summary of lot and pad sizes.
      8.   Design of roads and driveways, including average grades indicated, as well as areas of the steepest grade.
      9.   Lot drainage, including the gradient of the drainage and flow velocities.
   C.   Cut And Fill Map: A cut and fill map identifying proposed fill areas colored blue and cut areas colored red, with depths of such areas clearly shown in ten foot (10') major contour lines. Quantities of each cut and fill area shall also be clearly specified on the map.
   D.   Slope Analysis Map:
      1.   A detailed slope analysis map to use in determining the average slope and the amount and location of land as it exists in its natural state. For the slope analysis map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor. The map shall have a scale of not less than one inch to one hundred feet (1":100') and a two foot (2') contour interval. This interval may be adjusted with the approval of the zoning administrator and city engineer on the basis of good engineering principles. This base topographical map shall include all adjoining properties to the extent necessary to determine impacts to neighboring properties to portray the site's context. The slope map shall delineate slope bands, with monochromatic but distinct colors for the following slope ranges:
         a.   Up to five and nine-tenths percent (5.9%).
         b.   Six percent (6%) to ten and nine-tenths percent (10.9%).
         c.   Eleven percent (11%) to twenty and nine-tenths percent (20.9%).
         d.   Twenty one percent (21%) to twenty five and nine-tenths percent (25.9%).
         e.   Twenty six percent (26%) to thirty and nine-tenths percent (30.9%).
         f.   Thirty one percent (31%) to fifty percent (50%).
         g.   Greater than fifty percent (50%).
      2.   Also included shall be a tabulation of the land/area by slope percentage specified in acres. Such slope map shall be prepared using CAD based or GIS based software specifically designed for such purpose and approved for such use by the city engineer.
      3.   A calculation of the average slope of the entire parcel pursuant to section 103.07, "Determining Average Slope", of this chapter.
      4.   Calculations of average slope percent shall be based upon accurate topographic surveys using a two foot (2') contour interval and a horizontal map scale of one inch to one hundred feet (1":100') or larger.
      5.   The slope analysis shall be stamped and signed by a registered or licensed professional to provide such analysis and indicating the datum, source, and scale of topographic data used in the slope analysis.
   E.   Future House Plotting Map: 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 and driveway design for each parcel proposed. This future house plotting map shall be prepared on a topographic map at the scale required in the development application. Access drive and street elevations must be provided.
   F.   Site Sections: Sufficient number of site sections to clearly illustrate the extent of the proposed grading. The sections shall:
      1.   All be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and not overly exaggerated. The site section shall extend at least one hundred fifty feet (150') outside the project site boundary to clearly show impact on adjacent property.
      2.   The site sections shall be stamped and signed by a licensed professional registered in the state of California indicating the datum, source, and scale of topographic data used in the slope profiles.
      3.   The site sections shall be stamped and signed by a registered civil engineer indicating the datum, source, and scale of topographic data used in the slope profiles, and attesting to the fact that the slope profiles have been accurately calculated and identified.
   G.   Technical Reports: The following technical reports:
      1.   A geologic and soils report prepared by a licensed professional, in sufficient detail to substantiate and support the design concepts presented in the application as submitted.
      2.   A biological resource survey report identifying all existing plant communities, with sensitive or protected species or communities clearly delineated, as well as known habitat area for protected animal species, including the location of sensitive biological resources. All sensitive species surveys shall be conducted in accordance with any applicable protocols established by the U.S. fish and wildlife service and the California department of fish and game. The applicant shall engage in a third party agreement with the city and the selected biological consultant and provide the funding for purposes of payment to the consultant. The report shall be signed by the person preparing such report, with the signature intended to verify that the mandatory protocols were conformed to in the analysis as per the city's local guidelines for implementing the California environmental quality act (CEQA). The submission of the biological survey may be deferred until after initial project submittal as approved by the environmental coordinator.
      3.   An archaeological survey subject to the same terms as provided in subsection G2 of this section.
   H.   Architectural And Landscaping Design Guidelines Manual: A comprehensive architectural and landscaping design guideline manual shall be part of the development application. Such manual shall be required for all hillside development permit applications except those involving the construction of one single-family dwelling unit on an existing lot, in which case subsection I of this section shall apply. Such manual shall be approved as part of the applicable hillside development permit and shall be binding upon all subsequent development authorized by that applicable hillside development permit. The manual shall include the following, but the applicant/landowner may include additional information at his/her discretion:
      1.   Illustrative, color drawings, photos or similar representations of the various architectural styles to be used with text and visual descriptions on the overall architectural theme of the project.
      2.   A neighborhood design diagram depicting the locations of proposed vehicular and pedestrian circulation, utility easements, developable pad, property lines, perimeter setbacks, parks, and recreation centers.
      3.   Identification of exterior building materials (structure and trim), roofing materials, and colors for primary structures.
      4.   Illustrations and descriptions of permitted fencing and wall materials.
      5.   Illustrations and descriptions of permitted/proposed signage and entry treatments.
      6.   Description and illustrative drawings or similar representations of how the architecture and building approaches established in the manual implement the architectural standards set forth in subsection 501.11G, "Architectural Standards; General", of this article.
      7.   Identification of landscaping approaches and plant palettes for all common open space areas, roadway medians, edge and berm treatments, common slopes, and private front yard areas.
      8.   Description of how the landscaping approaches and plant palettes established in the manual implement the landscape standards set forth in section 501.10, "Landscaping And Irrigation", of this article.
   I.   Single Lot Applications: For applications involving one single-family dwelling unit residence on an existing lot or a second unit on a single lot, architectural and landscaping treatment materials shall be provided.
   J.   Additional Analysis: The following items shall also be required as part of an application, unless waived or conditionally waived by the zoning administrator or the city council to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both:
      1.   A topographic model and/or large scale detailed partial model at a one to one (1:1) vertical to horizontal relationship.
      2.   A line of site or view analysis as described in subsection L of this section.
      3.   Visual simulation of the postdevelopment condition, including use of photographic and/or computer generated graphic renderings as described in subsection L of this section.
   K.   Landscape And Irrigation: Preliminary landscape and irrigation plans for all common areas showing project compliance with the provisions of this article and requirements of the city fire chief for fire hazard mitigation and brush management zones in chapter 12, article III of the municipal code and the state code regarding wildland interface in state response areas.
   L.   Visual Simulation:
      1.   Photography: The requirement for a visual simulation provides decision makers with a pictorial representation of the future condition of a development project as close to reality as possible. The photograph is the basis of view simulation, and care shall be taken in the camera selection. The goal is to provide an analysis that, as closely as possible, represents site views from a variety of locations distant from the project and from surrounding areas that will have a direct view of the project.
      2.   Control Data: The location of the camera shall be recorded as accurately as possible at the time the photograph is taken.
      3.   Computer Modeling: Depending on the project site location, the proposed project may be required to be modeled based on subdivision design, architectural, and landscape data. Existing terrain, buildings, survey data, and any field notes shall be included in the modeling effort. The level of detail included in the computer model will be determined by the intended use of the simulation.
      4.   Staging: The computer model shall be aligned to the photographs in the rendering software utilizing the alignment data and the lens and focal length of the camera used. The model shall be lighted according to the time of day and year and the views rendered.
      5.   Rendering: The rendering process shall be completed after aligning the model to the photograph. The subject matter shall be colored and textured to simulate the proposed project as closely as possible.
      6.   Photocomposition: Any retouching undertaken to make foreground objects visible shall be done in such a way so as to preserve the original photograph and the rendered image intact. (Ord. 1801, 12-3-2013)

501.04: LAND USE REGULATIONS:

   A.   Uses Requiring A Hillside Development Permit: The following uses require a hillside development permit:
Any subdivision of land.
Detached garages and other accessory structures containing more than one thousand five hundred (1,500) square feet in gross floor area.
Lighting of tennis courts, basketball courts, and similar sports courts.
Stables, corrals, and similar facilities for the private noncommercial keeping and containment of animals.
   B.   Uses Requiring An Administrative Hillside Development Permit: The following uses of land are permitted after review and approval of an administrative hillside development permit:
Detached garages and other accessory structures, up to a maximum of one thousand five hundred (1,500) square feet in gross floor area.
Landscaped parkways and medians, landscaped slopes, and similar other open spaces.
Public and private parks.
Riding and hiking trails for pedestrians, equestrians and nonmotorized vehicles.
Second dwelling units.
Single-family dwelling unit, detached or attached.
Swimming pools, spas, ponds, and associated hardscape and landscape improvements that involve the construction of any retaining walls over three feet (3') in height, subject to the issuance of a grading permit and required building permits.
Tennis courts, basketball courts, and similar sports courts, subject to the issuance of a grading permit and required building permits.
   C.   Permitted Accessory Uses: The following are permitted as accessory uses clearly subordinate to the principal use of the property:
Animal raising.
Crop cultivation. (Ord. 1801, 12-3-2013)

501.05: RIDGELINES:

   A.   Significant Ridgelines: The official significant ridgeline map, incorporated herein by reference and identified on the Porterville 2030 general plan land use diagram, identifies crests of significant ridgelines in the city for the purpose of this article. The precise delineation of a ridgeline shall be determined at the time a development application is received based on official significant ridgeline map and the following criteria. Significant ridgelines are those ridgelines characterized by any combination of the criteria specified below:
      1.   The ridgelines that surround or visually dominate the surrounding valley landscape either through their size in relation to the hillside or mountain terrain of which they are a part.
      2.   Their visual dominance as characterized by a silhouetting appearance against the sky.
      3.   A significant natural backdrop feature or separation of communities.
      4.   Visual dominance due to proximity and view from existing development or major corridors.
      5.   As an area of significant ecological, historical, or cultural importance, such as those that connect park or trail systems.
   B.   Ridgeline Preservation:
      1.   No grading or improvements shall occur within one hundred feet (100') of a designated and delineated significant ridgeline area, as measured horizontally on a topographic map prior to any grading or improvements. No portion of any structure shall be closer to a designated and delineated significant ridgeline area, as measured fifty feet (50') vertically from a cross section of the area.
      2.   No engineered slopes, housing construction, streets, utilities, excavation, or other permanent humanmade features shall be permitted within any significant ridgeline area. Exceptions may be granted as part of the hillside development permit process if findings are made that:
         a.   The encroachment into a significant ridgeline area will be in compliance with the intent and purpose of this article and the specific criteria set forth herein; and
         b.   Conditions of approval applied via the hillside development permit will implement the provisions of this article.
   FIGURE 501.05B1:   RIDGELINE SETBACKS
 
(Ord. 1801, 12-3-2013)

501.06: GRADING:

   A.   General Grading Requirements:
      1.   Landform grading techniques such as varying slope height, rounding tops and toes of slopes, and incorporating variable gradients shall be used to ensure that manufactured slopes mimic natural hill forms. Landform grading shall be used for all postdisturbance conditions unless determined by the zoning administrator and the city engineer that landform grading is not feasible due to soils conditions, encroachment into sensitive biological resource areas, protection of watersheds or watercourses, or other similar considerations. Findings shall be recorded as part of the hillside development permit record as to why landform grading is not feasible. Grading shall be kept to a minimum and shall be preformed in a way that preserves significant natural features and visually blends with adjacent properties. Factors to be considered include the natural features of the site, slope and soil characteristics, vegetative cover, access to the site and orientation and visibility of both the site and the proposed development.
   FIGURE 501.06A1:   GRADING
 
      2.   Construction of artificial ridgelines shall be used to mask the view of dwelling from off site locations, to preserve the appearance of a natural undeveloped hillside, and to preserve the appearance of open space.
      3.   A combination of berming and landscaping shall be used to screen utilitarian features such as, but not limited to, water tanks and detention basins.
      4.   Slopes which are readily visible from existing or proposed public right of way shall be landform graded.
      5.   Grading of any site shall conform to the following grading standards, based upon the percent of average slope:
         a.   Six (6) to fifteen percent (15%): Redistribution of earth over large areas may be permitted.
         b.   Fifteen (15) to twenty percent (20%): Some grading may occur, but landforms shall retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering are expected to mitigate the need for large padded building areas.
         c.   Twenty (20) to twenty five and nine-tenths percent (25.9%): Grading will be minimal, custom homes sites and access shall follow the natural slope of the ground, custom foundations and split level design required to reduce disturbance.
         d.   Twenty six percent (26%) and steeper: No grading shall be allowed other than house pad and access to pad.
         e.   Minimize pad size to accommodate the structure and a reasonable amount of open space. A maximum of the remaining lot area shall be kept in the natural state of the original slope.
         f.   Sloping lot designs, such as split level building terraces are encouraged to reduce pad size.
         g.   Minimize grading within twenty feet (20') of all perimeter property lines of the project site, unless the grading naturally conforms to the existing adjacent slopes or to the planned grading of the adjacent slopes.
   B.   Prohibited Grading Practices:
      1.   The cutting of significant ridgelines is prohibited.
      2.   Graded slopes that are characterized by linear (in plan), planar slope surfaces with unvarying gradients and angular slope intersections are prohibited.
      3.   Manufactured slopes shall complement the adjacent natural slopes in terms of hill form and slope height.
   C.   Berming:
      1.   Any berm three feet (3') or greater in vertical height shall be landform graded no steeper than three to one (3:1).
      2.   All berms shall have varying slope gradients and rounded tops with a horizontal dimension half the vertical height of the berm.
      3.   A combination of berming and landscaping shall be used to screen utilitarian features such as, but not limited to, water tanks and detention basins.
      4.   Landscaping materials used on berms shall be drought tolerant and fire resistant and must be approved by the parks and leisure services director.
   FIGURE 501.06C:   BERMING
 
   D.   Slopes Between Residential Pads: Where there is at least a four foot (4') elevation difference between residential flat pads, slopes shall be contour graded no steeper than two to one (2:1).
   FIGURE 501.06D:   SLOPES BETWEEN RESIDENTIAL PADS
 
   E.   Road Systems Along Project Edges: Road systems shall be placed along project edges to the greatest extent practicable to maximize the use of aesthetic landscape buffers surrounding a development and to buffer residential neighborhoods from vehicular traffic. Project edges along roadway systems shall consist of varied slope and landscape treatments to provide visual interest.
   FIGURE 501.06E:   ROAD SYSTEMS ALONG PROJECT EDGES
 
   F.   Use Of Loffelstein And Similar Living Walls: The use of Loffelstein walls and other similar living wall systems that allow for landscaping opportunities with planting pockets and stepped designs is required. Such wall shall be subject to the following development standards:
      1.   The minimum height shall be fifteen feet (15'), with a maximum height of thirty feet (30').
      2.   Such walls shall utilize a curvilinear slope pattern to mimic the appearance of natural hillside terrain.
      3.   Such walls shall be planted with landscape material suitable for the climate, wall exposure relative to the sun, and taking into consideration the landscape aesthetic effect to be achieved by the overall development. The color palette and materials selected for the retaining wall shall blend in with adjacent hillsides and landscape plant palette.
   FIGURE 501.06F:   USE OF LOFFELSTEIN AND SIMILAR LIVING WALLS
 
   G.   Contour Construction And Materials: Retaining walls shall follow the natural contours of the slope to the greatest degree practicable, and all materials used to construct retaining walls shall consist of native stone, poured in place concrete, precast concrete block, and shall be of a color and texture that mimic the color and texture of surrounding native plant materials.
   H.   Retaining Wall Height Standards: The cumulative height of any retaining wall built to retain a cut slope or fill slope shall not exceed six feet (6') in height. "Cumulative height" shall mean the combined height of any wall or series of walls required to retain a single slope. (Ord. 1801, 12-3-2013)

501.07: SITE DRAINAGE IMPROVEMENTS:

   A.   General: Site and subdivision features required and designed to control and retain stormwater and other runoff pursuant to the requirements of city ordinances and other pertinent regulations shall be fully integrated into the design of the subdivision. Such features shall be designed and located to account for natural drainage patterns, integration of open space into overall subdivision design, location of trails and other mobility corridors, and placement of subdivision entry enhancements or other aesthetic features.
   FIGURE 501.07A:   RUNOFF CONTROL
 
   B.   Materials And Color: Water retention and detention features shall consist of natural earth and plant materials that must be approved by the parks and leisure director. Concrete or similar hardscape materials shall not be permitted unless determined by the city engineer to be the only feasible method of capturing and conveying runoff. Wherever concrete or similar structures are necessary, per drainage and stormwater control plans approved by the city engineer, such structures shall use integral color concrete to blend with surrounding color palette that blend with the natural environment.
   C.   Detention Basins:
      1.   A detention basin area with gentle slopes (defined as 3:1 or less) and lined with turf or natural material such as rock may be used as an entry feature. Detention basins shall not be eligible for open space, park credit, or any fee credit.
      2.   Detention basin side slope ratios greater than three to one (3:1) are prohibited.
   D.   Bioswales:
      1.   Bioswales shall be used to collect surface runoff before it crosses pavement areas and to reduce ponding and damage to walkways. Bioswales shall be graded to direct water away from paved areas into detention basins prior to conveyance to the city drainage system per master plan.
   FIGURE 501.07D1:   USE OF BIOSWALES
 
      2.   Bioswales shall consist of primarily herbaceous plants whose stems and leaves retard water flow and help settle pollutants, and which, with the aid of the roots, decompose into the soil.
   FIGURE 501.07D2:   LANDSCAPING OF BIOSWALES
 
(Ord. 1801, 12-3-2013)

501.08: STREET REQUIREMENTS AND DESIGN:

   A.   Minimum Number Of Access Points: New hillside development projects shall have a minimum of two (2) points of vehicular access, one of which may be established for emergency access only, as determined by the fire chief through the hillside development permit review process.
   B.   Street Design Standards: All streets shall be designed and constructed in accordance with the following standards:
      1.   Street sections shall be designed in accordance with street standards and specifications adopted by the city and as revised from time to time. In addition to such adopted standards, the following street standards shall apply to development in the hillside residential zone:
         a.   The maximum length of any cul-de-sac street shall be six hundred feet (600') unless approved otherwise by the fire chief and city engineer.
         b.   All streets shall contain two (2) clear twelve foot (12') travel lanes.
      2.   Where split level streets are used, the following standards shall apply:
         a.   The use of split level roads is permitted to reduce the amount and visual effect of grading (figure 501.08B of this section).
         b.   The ground slope between the two (2) trafficways shall be of a ratio lesson more than two to one (2:1).
   FIGURE 501.08B:   SPLIT LEVEL ROADWAYS
 
      3.   Street grades shall not exceed the following except as may be modified by the city council in compliance with the municipal code. The maximum length of street runs at the maximum specified grade shall be subject to the review and approval of the fire chief and city engineer, or their respective designees. Minor adjustments to street grades shall be subject to the review and approval of the fire chief and the city engineer.
         a.   Major arterials shall be no steeper than eight percent (8%).
         b.   Minor arterials shall be no steeper than ten percent (10%).
         c.   Collector streets shall be no steeper than ten percent (10%).
         d.   Local streets shall be no steeper than ten percent (10%).
         e.   Loaded local streets shall be no steeper than eight percent (8%).
         f.   Intersections shall be at six percent (6%) grade or less.
         g.   Local streets can have a minimum centerline radius of one hundred fifty feet (150') provided minimum sightline distances are met.
         h.   Street grades at fire hydrant locations shall be no steeper than seven percent (7%) for no less than twenty feet (20') on each side of hydrant.
   C.   Private Streets:
      1.   Private streets and alleys shall not be permitted unless approved by the city council and, if approved, all private streets or alleys shall be constructed to city standards.
      2.   Driveway grades shall not exceed ten percent (10%) unless otherwise approved by the fire chief and city engineer. The finished grade of the driveway shall conform to the finished grade of the lot. Proper design consideration shall be given to vertical curves and parking landings.
      3.   Common drives in single-family hillside residential development shall be considered if grading is reduced by their use. Common easement maintenance agreements are required for common driveways.
   D.   Driveways:
      1.   Driveways that are less than one hundred fifty feet (150') in length shall be a minimum of twelve feet (12') wide.
      2.   Driveways between one hundred fifty feet (150') and four hundred feet (400') shall be a minimum of sixteen feet (16') wide.
      3.   Driveways that are greater than four hundred feet (400') in length shall be subject to the approval of the fire chief.
      4.   Grade changes through driveway approaches and transitions shall not exceed ten degrees (10°).
      5.   Driveways shall be paved with asphalt or portland cement concrete (PCC). PCC or an approved alternative shall be used when grades exceed ten percent (10%).
      6.   Private driveway gates are prohibited. All automatic gates across emergency access roads shall be equipped and maintained with a city of Porterville approved key operated switch overriding all command functions and openings of gate(s). (Ord. 1801, 12-3-2013)

501.09: OPEN SPACE:

   A.   Requirement To Provide Developed Open Space: Developed open space shall be provided for attached residential development as set forth in section 501.11, table 501.11C4 of this article and as otherwise required for this article to meet general landscaping, slope treatment, and parkway landscaping requirements.
      1.   Types Of Open Space: Open space in the HZ overlay district shall consist of two (2) general types of open space:
         a.   "Natural open space", which shall be defined as undeveloped areas retained in their naturally occurring condition with regard to landform, vegetation, and water features; with the exception of walking trails and viewing platforms.
         b.   "Developed or improved open space", which shall be defined as any area not occupied by structures that has been improved with landscaping, trails, recreation amenities, and similar features that provide opportunities for active and passive recreation, and that provide landscape improvements that enhance the overall appearance and character of a development.
      2.   Use Of Natural Open Space: Undeveloped open space shall be left in its natural state, with permitted improvements limited to the establishment of trails and associated viewing areas established as community open space.
   B.   Deed Restrictions: Any lands dedicated for open space purposes shall contain covenants and recordable deed restrictions burdening the subject property, in a form and content approved by the city attorney, ensuring that:
      1.   The open space area will not be subdivided in the future;
      2.   The use of the open space will continue in perpetuity for the purpose specified;
      3.   Appropriate provisions will be made for the maintenance of the open space that clearly define future maintenance responsibilities; and
      4.   Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee, unless otherwise authorized by policy or law.
   C.   Open Space Ownership:
      1.   The fee title owner or easement holder of an interest in the land that is dedicated for open space purposes shall be selected by the property owner, developer, or subdivider, subject to the approval by the zoning administrator or city council. The ownership may vest in, but not be limited to, the following:
         a.   The city, subject to acceptance by the city council of a recordable interest.
         b.   Other public jurisdictions or agencies, subject to their acceptance.
         c.   Quasi-public and nonprofit organizations, subject to their acceptance.
         d.   Homeowners' associations, landscape maintenance districts or other similar organizations.
      2.   The city may, in its reasonable discretion, require that the applicant establish a mechanism to fund the long term maintenance of such open space, which may include a cash deposit, an assessment district, trust, or other appropriate funding mechanism.
   D.   Maintenance: The person or entity identified as having the right of ownership or control over the open space shall be responsible for its continuing upkeep and proper maintenance as set forth in subsection B, "Deed Restrictions", of this section, unless the city authorizes alternate maintenance strategies.
   E.   Required Planting Areas: Slopes requiring retaining at a height greater than three feet (3') shall be terraced for planting areas. Such planting areas shall have a minimum width of six feet (6'). No more than two (2) terraces of retaining walls shall be permitted on one manufactured slope.
   FIGURE 501.09E:   PLANTING AREAS
 
   F.   Irrigation Systems Required: All planting areas shall be provided with an automatic irrigation system.
   G.   Landscaped Parkways Required:
      1.   All public streets shall include a landscaped parkway as indicated in the general plan.
      2.   Such required parkways shall be landscaped as set forth in section 501.10, "Landscaping And Irrigation", of this article. (Ord. 1801, 12-3-2013)

501.10: LANDSCAPING AND IRRIGATION:

Landscaping is an essential part of the site development by assisting in adapting the development into the natural backdrop of the hills, by providing areas of open space for use by residents and for assisting in slope stabilization, erosion control and filtering of pollutants from stormwater.
   A.   Landscape And Irrigation Plan:
      1.   All proposed new development shall require approval of a conceptual landscape plan. Complete landscape and irrigation plans shall be submitted as part of the building permit application process. Such plan shall be subject to the review and approval of the parks and leisure services director and the fire chief.
      2.   All landscape and irrigation plans shall include all information required by this chapter and shall be designed to ensure slope stability, fire safety, and design quality, as well as a tree removal and retention plan with the following information:
         a.   Identification of the extent of vegetation removal required for site preparation and development; and
         b.   The location and species of individual trees of six inch (6") caliper or more. Maximum effort shall be exercised to retain existing trees in place.
      3.   The zoning administrator may waive the landscape and irrigation plan requirement for additions and remodeling where no or only minor alterations to the existing landscape or topography are proposed.
      4.   All landscaping shall be planted and maintained in compliance with approved plans.
   B.   General Landscaping Standards:
      1.   All portions of a site where existing vegetative cover is damaged or removed, or consists primarily of weeds (typically unwanted plants that grow aggressively and are damaging to landscaping), and are not otherwise covered with new improvements, must be successfully revegetated with a substantial mix of native and/or drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.
      2.   A combination of berming and landscaping shall be used to screen utilitarian features such as, but not limited to, water tanks and detention basins.
      3.   Plants with similar water requirements shall be grouped together in hydrozones.
      4.   Prior to planting, consideration of soil compaction shall be used to determine planting pit depths and drainage.
      5.   The zoning administrator and the parks and leisure services director shall have the authority to require other improvements such as the removal of dead or diseased trees and the thinning of trees or other vegetation to encourage desirable growth.
   C.   Tree Removal And Replacement: For each existing native tree or shrub removed or damaged with a combined caliper equal to or greater than six inches (6") at four feet (4') above finish grade, a twenty four inch (24") box minimum replacement tree or shrub of the same genus and species or as otherwise approved by the parks and leisure director shall be planted on the site. For trees equal to or in excess of an eight inch (8") combined caliper, the replacement tree shall be a forty eight inch (48") box or larger of the same genus and species. Should a tree of the same genus and species not be available, the applicant shall submit reasonable proof of general unavailability in the region, and a list of no less than five (5) substitutes, one of which shall be of the same genus, for approval by the parks and leisure services director. The parks and leisure services director may approve a substitute or may require provisions, including, but not limited to, bonds or similar security, to assure the installation and maintenance of the specific genus desired.
   FIGURE 501.10C:   STANDARDS FOR TREE PROTECTION
 
   D.   Setbacks/Slopes Along Roadway Edges:
      1.   The following setbacks from the curb face, or line that would be the location of the curb face, to the property line shall be required from the following roadways:
         a.   Major arterial: Eighty feet (80').
         b.   Minor arterial: Sixty feet (60').
         c.   Parkway: Forty feet (40').
         d.   Collector: Thirty five feet (35').
         e.   Local residential street: Twenty feet (20').
      2.   Setbacks and slopes along edges between roadways and rear property lines shall be fully landscaped with materials consistent with all other common open space areas. The landscape material shall transition in height to provide low vegetation immediately adjacent to the right of way edge to taller trees on the slope.
   FIGURE 501.10D1:   LANDSCAPE PLANTING SENSITIVE TO VIEWS
 
      3.   Any manufactured slope in excess of four feet (4') vertical that abuts any public or private street or other right of way or open space use intended for public use and/or enjoyment shall be fully landscaped in accordance with the provisions of this article and shall be maintained by a homeowners' association or other entity required as part of the tentative map approval process for the maintenance of common open space.
   FIGURE 501.10D2:   LANDSCAPING ALONG RIGHT OF WAY
 
   E.   Drought Tolerant/Native Vegetation:
      1.   All landscape plans must use native and/or drought tolerant plant materials appropriate for their location and soil type, as identified in standard agricultural suitability soils test. Preferred landscaping materials shall consist of native plants. Landscape and irrigation plans shall comply with the city's water efficient landscape requirements contained in article 303, "Landscaping", of this chapter.
      2.   All native vegetation outside the impact area shall be preserved and protected from damage during construction. Oak trees shall have a preservation zone of the drip line plus ten feet (10') surrounding the tree. Any project impact within this preservation zone shall be considered as damaging to the tree.
   F.   Interface Between Natural Open Space Areas And Development:
      1.   The area between a structure and wildfire hazard areas, as contained within the general plan and defined by the fire chief, shall be planted and maintained as consistent with the provisions of subsection J of this section. The transition between manufactured areas and natural areas shall be established beyond residential structures so as to permit the development to meet the state code regarding wildland interface in state response areas.
      2.   Climatically suitable shrubs and trees shall be used as windbreaks as appropriate.
   G.   Landscaping As Focal Points: Significant landscaping, such as signature trees (i.e., large or unique trees), hedges, and flowering plants shall be used to provide focal points within a development, including and specifically as entry statements that shall require the following setbacks measured diagonally from face of curb, or the line that would be the location of the curb face:
      1.   Major arterial: One hundred feet (100').
      2.   Minor arterial: Eighty feet (80').
      3.   Parkway: Fifty feet (50').
      4.   Collector: Fifty feet (50').
      5.   Local residential street: Twenty feet (20').
A landscape area shall then be provided generally matching the depictions within figure 501.10G of this section. Provisions for maintenance of said landscape areas shall be an integral component of project approval. No landscaping or other features shall interfere with the established sight distance needed for safe vehicular access at intersections.
   FIGURE 501.10G:   LANDSCAPED ENTRIES AND FOCAL POINTS
 
   H.   Slope Maintenance And Erosion Control:
      1.   All cut and fill slopes shall be planted with native and/or drought tolerant vegetation and irrigated with an automatic irrigation system to prevent erosion.
      2.   All cut or fill slopes exceeding five feet (5') in vertical height shall be planted with adequate plant material to protect the slope against erosion. Planting shall be in the ratio of at least one shrub per sixteen (16) square feet of natural slope area and one tree per four hundred (400) square feet of actual slope area, with ground cover to completely cover the slope within twelve (12) months from planting.
      3.   All shrubs shall be a minimum one gallon size.
      4.   All trees shall be minimum fifteen (15) gallon size.
      5.   Slopes less than five feet (5') in vertical height shall be planted with ground cover to cover the slopes completely within twelve (12) months of planting.
      6.   Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. A city approved irrigation system shall be utilized for plant establishment. A minimum three feet (3') flat area from top or toe of slope of twenty feet (20') or greater in height shall be maintained to face of wall or fence on common area maintenance slopes.
      7.   Shrubs on manufactured slopes shall be heavily concentrated along the drainage flow of swales.
      8.   Lawns and sod shall not be installed on slopes steeper than four to one (4:1). Low maintenance bunch grasses can be used on slopes steeper than four to one (4:1).
   I.   Irrigation:
      1.   Irrigation shall be designed to conserve water and to protect existing native vegetation.
      2.   Drip irrigation shall be required in appropriate areas to reduce overspray and runoff.
      3.   Irrigation needs shall be reduced by careful control of drainage pattern on a slope and selection of appropriate plant material.
      4.   Technological irrigation equipment, such as humidity sensors, that control irrigation settings and run times due to seasonal weather changes shall be used.
   J.   Fuel Modification Zones:
      1.   A permanent fuel modification area and fire prevention plan shall be required, subject to the determination of the fire chief, around development projects, or portions thereof, that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be based on applicable building and fire codes and the state code regarding wildland interface in state response areas and the recommendations of the fire chief, with consideration given to:
         a.   The natural nongraded slope of the land within the project and in the areas adjacent to the project.
         b.   Fuel loading.
         c.   Access to the project by fire suppression equipment, and access directly to the fuel modified area, and egress out of the project in case of evacuation.
         d.   The on site availability of water that can be used for firefighting purposes with regard to fire flows, water pressure, and duration.
         e.   "Built-in" fire protection within structures.
   FIGURE 501.10J:   FUEL MODIFICATION ZONES
 
      2.   Adequate provisions shall be made for the continual maintenance of such areas, and the fire chief may require brush, vegetation, or debris to be removed and cleared consistent with the provisions of section 12-1.1 of the municipal code, which adopts the uniform fire code as the city's fire code.
   K.   Private Yard Landscaping: The paving of over forty percent (40%) of either the front yard or rear yard shall not be permitted.
   L.   Screening:
      1.   Landscaping shall be designed to screen the view of downslope building elevations. The landscape plan for individual residential dwellings shall specifically consider the downslope elevation and demonstrate that portions of elevations below the bottommost floor are screened from view. Downslope elevations visible from any adjacent property or public right of way shall be landscaped with a selection of shrubs and trees that screen the downslope portion from view to the satisfaction of the zoning administrator.
      2.   Visual screening and privacy within side and rear yards shall be provided; front yards and building entrances shall be substantially visible for security purposes.
   M.   On Lot Tree Program:
      1.   A minimum of two (2) trees shall be installed and permanently maintained in each rear yard.
      2.   One additional tree shall be installed along the side yard adjacent to the street on corner lots with uphill visibility from roads.
      3.   Tree sizes shall be a minimum of twenty four inch (24") box for rear yards with fifteen foot (15') depths or less and thirty six inch (36") box for rear yards that are greater than fifteen feet (15') deep.
      4.   Minimum distance between tree trunk and adjacent property line shall be five feet (5').
      5.   Soil compaction and drainage shall be considered when determining planting pit depths.
   FIGURE 501.10M: ON LOT TREE PROGRAM
 
(Ord. 1801, 12-3-2013)

501.11: DEVELOPMENT STANDARDS:

   A.   Allowable Density Calculation Procedures: For the purposes of this article, "allowable density" is defined as the maximum number of dwelling units permitted per gross acre of land. The maximum allowable density shall be based upon and established by the average slope of a property, calculated in compliance with subsection 501.03D3 of this article. The maximum allowable density based on the average slope shall be as set forth in table 501.11A of this section.
      TABLE 501.11A:   MAXIMUM ALLOWED DENSITY BASED ON AVERAGE SLOPE
 
Average Slope
Maximum Allowable Density
Less than 5.9 percent inclusive
   2.4 units/acre
   6 to 10.9 percent
   2.2 units/acre
   11 to 20.9 percent
   1.8 units/acre
   21 to 25.9 percent
   1.0 units/acre
   26 to 30.9 percent
   1 unit/20 acres
   31 to 50 percent
   1 unit/80 acres
 
      1.   The maximum dwelling unit yield based on the maximum allowable density mathematical sum shall be considered maximum potentials and not an entitlement, right or vested right to develop. Other factors and individual property characteristics will affect and may reduce the yield, including, but not limited to: physical constraints, floor area ratio, compliance with design guidelines, engineering design standards, hillside development standards; and performance criteria such as access, emergency response standards, and sensitive grading techniques and volumes.
      2.   Calculating the maximum allowable density for any parcel or group of parcels under common development application within the HZ overlay district shall involve the following steps:
         a.   Establish allowed density based on average slope:
            (1)   Alternative 1; average slope of the parcel or group of parcels: For alternative 1, the average slope shall be calculated in compliance with subsection 501.03D3 of this article. For example, a one hundred (100) acre parcel which has an average slope for the entire parcel of twenty five percent (25%) would yield a maximum of one hundred (100) units.
            (2)   Alternative 2; recalculation alternative: The largest contiguous area of the least steep slope category may be used to calculate average slope in compliance with the method established in subsection 501.03D2 of this article. For example, on a one hundred (100) acre parcel, of which sixty (60) acres has an average slope of more than twenty five and nine-tenths percent (25.9%), thirty (30) acres are between twenty one (21) to twenty five and nine-tenths percent (25.9%) slope, and there is a contiguous ten (10) acre area of between eleven (11) to twenty and nine-tenths percent (20.9%), the ten (10) acres with an average slope of eleven (11) to twenty and nine-tenths percent (20.9%) can be used to recalculate allowable density (1.8 units/acre x 10 acres = 18 units).
      3.   For the purposes of this article, "floor area ratio (FAR)" is defined as the ratio of the total gross square footage of the dwelling unit excluding both attached and detached garage square footage and any accessory structure on a lot to the square footage of the pad or that portion of the lot containing the dwelling and having a gradient of five percent (5%) or less. After constraints and performance criteria have been addressed to develop a maximum yield, the maximum yields for a parcel is further affected by average FAR and are based on table 501.11A3 of this section.
      TABLE 501.11A3:   UNIT YIELD BASED ON FLOOR AREA RATIO
 
Dwelling Unit Yield
Maximum FAR
Maximum units
0.4
80 percent of maximum
0.5
70 percent of maximum
0.6
60 percent of maximum
0.7
 
      4.   Physical constraints are the on site circumstances and resources that will be protected consistent with policies in the general plan or other regulatory requirements. Factors that require special consideration are as follows:
         a.   USGS blue line streams, sensitive biological resource areas identified in the biological resource survey report completed for the project, and archaeological resources identified in the archaeological survey conducted for the project.
         b.   Areas greater than twenty five and nine-tenths percent (25.9%) slope greater than one acre as determined by subsection 501.03D, "Slope Analysis Map", of this article.
         c.   Liquefiable soils, shallow hard rock, and faulting.
         d.   Large, mature native trees including: coastal live oak, sycamores, or willow.
   B.   Detached Dwellings: Standards for detached dwelling units will provide assurance that development will be appropriate to the hillside setting. The following standards combined with the standards for grading and drainage, subdivision and landscaping design will result in adaptive hillside development:
   FIGURE 501.11A:   HILLSIDE DEVELOPMENTS
 
      1.   Density: Density limitations shall be determined as set forth in table 501.11A of this section.
      2.   Minimum Pad Size: The minimum area of a pad on a lot, including the summation of multiple pad areas where split level construction is proposed, shall be six thousand (6,000) square feet.
      3.   Building Setbacks: Building setbacks shall be set forth in table 501.11B3 of this section.
      TABLE 501.11B3:   BUILDING SETBACKS DETACHED DWELLINGS
Pad Size In Square Feet
6,000 to 7,999
8,000 to 9,999
10,000 And Greater
Pad Size In Square Feet
6,000 to 7,999
8,000 to 9,999
10,000 And Greater
Setbacks:
 
 
 
    Front yard
20'
30'
40'
    Side yard
7.5'
7.5'
10'
    Rear yard
20'
20'
30'
Corner setbacks:
 
 
 
    Face of curb to privacy wall1
20'
20'
25'
    Privacy wall to structure
10'
10'
15'
 
   Note:
       1.    Setbacks are measured from face of curb or for rolled curbs, from the flowline.
   FIGURE 501.11B:   BUILDING SETBACKS
 
      4.   Floor Area Ratios: Maximum allowable floor area ratios shall be as set forth in table 501.11A3 of this section.
      5.   Building Height; Primary Structure: Each proposed single- family detached structure in the HZ overlay district shall comply with the following height limits:
         a.   Height Measurement: The maximum allowable building height shall be measured as the vertical distance from the existing or planned grade of the site at the point of the building foundation to an imaginary plane located at the allowed number of feet above and parallel to the grade. For split level construction, each building component shall be measured from the lowest elevation of the site pad area on which that component is located.
   FIGURE 501.11B5:   BUILDING HEIGHT
 
         b.   General Height Limit: No structure shall exceed a height of thirty five feet (35').
         c.   Height Of Lowest Floor Level: The vertical distance between the lowest point where the foundation wall meets grade and the lowest floor line of the structure shall not exceed six feet (6').
   C.   Attached Dwellings:
      1.   Density: Density limitations shall be determined as set forth in table 501.11A of this section. Where attached housing is proposed, the overall permitted density of a development site shall determine the maximum number of units allowed, and all such units may be clustered or attached on a lot or lots restricted to a limited area of the development site, with the density calculation applicable to the site as a whole. However, in compliance with the provisions of section 501.09, "Open Space", of this article, any remainder open space lot or lots shall be deed restricted against further residential development and shall be permanently maintained as required by the provisions of this article.
      2.   Building Height: Each proposed attached or clustered dwelling unit structure shall comply with the following height limits:
         a.   Height Measurement: The maximum allowable building height shall be measured as in compliance with subsection 501.11B5, "Building Height; Primary Structure", of this article.
         b.   General Height Limit: No structure or group of structures shall exceed a height of thirty five feet (35').
         c.   Height Of Lowest Floor Level: The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet (6').
      3.   Building Setbacks: Buildings shall be set back from lot lines as indicated in table 501.11C3 of this section.
      TABLE 501.11C3:   ATTACHED BUILDING SETBACKS FROM LOT LINES
 
Yard Lot Line
Minimum Setback
Front yard
20'
Side yard
15'
Rear yard
20'
Face of curb to privacy wall1
20'
Privacy wall to structure
10'
 
   Note:
       1.    Setbacks are measured from face of curb or for rolled curbs, from the flowline.
         a.   Building To Building: The minimum setback between structures shall be no less than twenty feet (20').
         b.   Building To Street Or Parking Area: The minimum building setback to street or parking area shall be no less than twenty feet (20'), measured from face of curb.
         c.   Building To Privacy Wall: The minimum building setback to privacy wall shall be no less than twenty feet (20').
   FIGURE 501.11C1:   BUILDING SEPARATION AND SETBACKS
 
   FIGURE 501.11C2:   REAR YARD AND SIDE YARD SETBACKS
 
      4.   Required Common Open Space Area: Every attached or cluster development project shall be required to provide common open space areas accessible to all dwelling units within such development project. The required area shall be as set forth in table 501.11C4 of this section. Such common open space area may consist of passive landscaped area, common recreation facilities such as a swimming pool or sports court, or any combination of such improvements. The minimum dimensions of such common open space area shall be twenty feet by twenty feet (20' x 20'). Such common open space shall be centrally located and equally accessible to all dwelling units within the development.
      TABLE 501.11C4 REQUIRED COMMON OPEN SPACE    FOR ATTACHED DWELLINGS
 
Numbers Of Dwelling Units Within Development
Required Open Space Area
   0 - 20
100 sq. ft. per dwelling unit
   21 - 40
150 sq. ft. per dwelling unit
   40+
200 sq. ft. per dwelling unit
 
      5.   Location Of Garages: Garage structures for attached and cluster developments are not required to be attached to the dwelling units they serve. Common garage structures may be developed, providing parking and open space are provided for as required by this chapter.
   D.   Custom Lot Design And Development Standards:
      1.   Design Standards; General:
         a.   Roadways, driveways, and individual building pads shall be designed to conform to the natural hillside contours, blending into the environment rather than forcing building sites and infrastructure upon the land. An emphasis shall be placed on limiting grading to individual flat graded pad areas for residential building sites and any roads accessing the residential building sites, ensuring a minimal cut and fill situation.
         b.   Any areas that require grading shall incorporate landform grading techniques to further encourage the natural appearance of custom pads.
         c.   For any standard not specifically indicated in this section as applying to custom lot development, the general standards applicable to all development in the HZ overlay district shall apply.
      2.   Landscape Standards: Custom lot development shall implement landscape standards that avoid harsh or abrupt transitions between open space and development while providing a combination of landscape materials that blend into the adjoining natural open space. Landscape setbacks along roads and along flat pads of custom lots shall be required to ensure that suitable transitions from residential development to natural open space are accomplished.
      3.   Architectural Standards: Individual houses on custom lots shall be visually compatible with the surrounding area, with architecture that complements the adjacent natural environment and any adjoining residential structures and/or neighborhoods.
      4.   Grading Standards:
         a.   Unless otherwise specified in this section, the landform grading practices set forth in section 501.06, "Grading", of this article, shall apply.
         b.   Retaining walls shall be screened from public view to the greatest extent possible.
      5.   Development Standards:
         a.   The minimum pad size shall be no less than ten thousand (10,000) square feet unless the site is over fifteen percent (15%) average slope in which case smaller padded building sites are allowed to reduce grading impacts as set forth in section 501.06, "Grading", of this article.
         b.   Maximum building height, as measured from finished grade to top of building, shall be as follows:
            (1)   Eighteen feet (18'): Single-story portion of structure.
            (2)   Twenty eight feet (28'): Two-story portion of structure.
            (3)   Thirty five feet (35'): Three-story portion of structure.
         c.   Setbacks shall be provided as set forth in table 501.11C3 of this section.
         d.   No fence or walls shall exceed a height of six feet (6'), and all fences and walls shall comply with the regulations set forth in subsection G6, "Fencing And Privacy Walls", of this section.
         e.   Walls and opaque fencing shall be permitted only on the flat pad of a custom lot.
         f.   The minimum landscape setback of twenty feet (20') shall be provided between developed pad and natural vegetation.
         g.   The maximum step in foundation wall shall be no higher than ten feet (10') to account for homes built in a hillside setting.
         h.   Where no standard is specifically indicated in this subsection, the development standards set forth in subsection A, "Allowable Density Calculation Procedures", of this section, shall apply.
   E.   Accessory Structures:
      1.   Accessory structures shall either be constructed as an integral part of the main dwelling unit or be within the setbacks set forth in table 501.11C3 of this section.
      2.   The height of any accessory structure shall be limited to sixteen feet (16').
      3.   Accessory structures shall not be permitted within any front yard area.
      4.   Accessory structures shall maintain a minimum five foot (5') setback from rear and side pad edges. For pads on lots adjacent to a street, a minimum twenty foot (20') setback from any pad edge to the street shall be maintained. A side yard on the street side of a corner lot shall maintain a minimum twenty foot (20') setback from pad edge.
   F.   Other Regulations:
      1.   Exterior Lighting: Exterior lighting shall be provided and properly shielded to avoid glare and the spill of light to surrounding areas. Low level lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures. Emphasis for exterior lighting shall be on safety and landscape lighting as opposed to building lighting. The applicant shall present descriptions of exterior lighting in the design guideline manual required by subsection 501.03H, "Architectural And Landscaping Design Guidelines Manual", of this article.
      2.   Decks: No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet (6') above grade. Decks shall be integrated into the architecture of the house and not appear as an add-on to the primary building mass. The applicant shall present illustrations and descriptions of decks in the design guideline manual required by subsection 501.03H, "Architectural And Landscaping Design Guidelines Manual", of this article.
      3.   Utilities: All newly installed utilities shall be placed underground unless, in the determination of the authority responsible for approving the hillside development permit, such requirement would result in unsafe conditions. All existing electric power lines of capacity sixty six (66) kilovolts or less shall be relocated underground. All utilities shall be placed underground unless, in the determination of the authority responsible for approving the hillside development permit, such requirement would result in unsafe conditions.
      4.   Gated Communities Prohibited: Gated communities shall be prohibited.
      5.   Private Gates At Driveway Prohibited: All gates or other structures or devices, which could obstruct emergency access or otherwise hinder emergency operations, shall be prohibited. Private gates at driveways that do not hinder emergency access or operations shall be set back a minimum of thirty feet (30') from the front property line.
   G.   Architectural Standards; General: To achieve hillside compatible development, the city recognizes the importance of having architectural design that incorporates rooflines and other building elements that reflect the naturally occurring ridgeline silhouettes and topographical variation.
      1.   Conformance With Project Design Manual: The applicant shall demonstrate how the architectural criteria of this section are met in the design guideline manual required by subsection 501.03H, "Architectural And Landscaping Design Guidelines Manual", of this article.
      2.   Architectural Themes:
         a.   For subdivisions consisting of production style development, whereby dwelling units are constructed by a single developer utilizing a limited number of floor plans and building architectural styles, the architectural styles throughout the development shall be thematically consistent with one another. Varying floor plans, colors, materials, and building forms shall be utilized such that within a single development project, a minimum of nine (9) different elevations are available. However, where attached units are provided, a more unified architectural scheme is permitted.
         b.   For custom lot developments consisting of a subdivision of more than one lot, the requirement for a design guideline manual, as set forth in subsection 501.03H, "Architectural And Landscaping Design Guidelines Manual", of this article, shall apply.
         c.   For a development consisting of one home on an existing lot, such homes shall comply with the requirements of subsection B, "Detached Dwellings", of this section.
      3.   Required Treatments:
         a.   Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous facade of the exterior wall. Under no circumstance shall the front and rear facade of any building be in one continuous vertical or horizontal plane. Architectural features and details shall be located on all exterior walls of the building, including the rear and sides of the building. Buildings shall utilize wall articulation (i.e., insets, pop outs, etc.) and roof orientation as a means to prevent massing.
         b.   The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of single-story elements, building face setbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up of massive forms.
   FIGURE 501.11G3:   BUILDING FACADES
 
      4.   Finish Materials/Color: Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones found in nearby natural vegetation and/or soil, or come from natural sources (e.g., rock, stone, wood), or resemble a natural appearance.
      5.   Support Structures:
         a.   Support structures (e.g., columns, pilings, etc.) below the lowest floor on the downhill side of a house, if and where permitted as part of the hillside development permit review process, shall be enclosed unless visible structural members are an integral feature of the architectural design.
         b.   A support structure wall surface shall not exceed six feet (6') in height.
   FIGURE 501.11G5:   SUPPORT STRUCTURES
 
      6.   Fencing And Privacy Walls:
         a.   All fences and masonry walls adjacent to or fronting on public roads or major public spaces shall be of decorative masonry or other approved materials that have a natural appearance (e.g., masonry walls, prefabricated modular concrete) and shall be a color that blends with the natural surrounding environment and complements the landscaping. The use of indigenous rock and colors or materials which blend with the surrounding natural landscape shall be preferred. The applicant shall present illustrations and descriptions of fencing and wall materials in the design guideline manual required by subsection 501.03H, "Architectural And Landscaping Design Guidelines Manual", of this article.
         b.   Any fence or privacy wall adjacent to a public road or major public space shall be placed at the top of a slope.
         c.   All fences and privacy walls, whether or not visible from a public road or major public open space, shall be limited in height to six feet (6'), as measured from the grade on which the bottom of the fence or wall is placed to the uppermost extent of such fence or wall.
         d.   Solid fences and walls in a required front yard area, or within the street side yard on a reverse corner lot shall not exceed a height of forty two inches (42").
         e.   Open work fences, whereby the fence is ninety percent (90%) open or more, shall not exceed a height of forty eight inches (48") within the front setback or within the street side yard on a reverse corner lot, otherwise the height limitations specified in subsections G6c and G6d of this section shall apply.
         f.   The provisions of subsection 407.03A6 of this chapter regarding corner rounding areas shall apply.
         g.   A minimum setback distance of twenty feet (20') shall be provided between any fence or privacy wall adjacent to a public right of way, with the distance measured from the fence or privacy wall to the face of curb.
         h.   Any fence or wall that runs along the top of a landform and silhouettes against the sky shall be transparent to allow views from off site to be unobstructed.
   FIGURE 501.11G6:   SETBACK FROM PRIVACY WALL
 
(Ord. 1801, 12-3-2013)

502.01: PURPOSE:

The single story (S) overlay district is intended to ensure the scale of new development is compatible with existing development and uses in transitional zones. (Ord. 1801, 12-3-2013)

502.02: APPLICABILITY:

The standards of this article apply to all lands within the S overlay district mapped on the official zoning map.
 
(Ord. 1801, 12-3-2013)

502.03: BUILDING HEIGHT AND NUMBER OF STORIES:

Building height shall not exceed thirty five feet (35'). All buildings are limited to single story construction. (Ord. 1801, 12-3-2013)