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HomeMy WebLinkAbout1998-02-17; City Council; 14563 Exhibit 4; Hillside Ordinance AmendmentA - . EXHIBIT 4 6 ‘1118 City of CABLBBAB Planning Departmm A REPORT TO THE PLANNING COMMISSION , Item No. 1 0 Application complete date: N/A P.C. AGENDA OF: January 7,1998 Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: I. ZCA 96-04/LCPA 96-01 - HILLSIDE ORDINANCE AMENDMENT - A Zone Code Amendment and Local Coastal Program Amendment to revise the City’s Hillside Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code to: (1) streamline the Hillside Development Permit process, (2) clarify and simplify the Hillside Development Ordinance to make it more user friendly, and (3) incorporate new development standards to address identified Ordinance issue areas. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3939 RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 3940 and 3941 RECOMMENDING APPROVAL of ZCA 96-04 and LCPA 96-01 based on the findings contained therein. II. INTRODUCTION In 1995 the City Council approved a Community Development Workplan for Streamlining the Development Review and Permitting Processes. This Workplan recommended revisions to the City’s Hillside Ordinance as a high priority streamlining work task. This Zone Code Amendment recommends specific amendments to the Hillside Development and Uses Generally chapters of the Zoning Ordinance which streamline the Hillside Development Permit process and clarify the Zoning Ordinance with respect to hillside development. Additionally, staff has undertaken a review of the Hillside Ordinance to identify and resolve specific Ordinance issue areas. Based upon this review, staff is recommending several Ordinance amendments. III. PROJECT DESCRIPTION AND BACKGROUND This project (ZCA 96-04/LCPA 96-01) is an amendment to the City’s Hillside Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) and its Local Coastal Program. The existing Hillside Development regulations were adopted in January, 1989 and this project constitutes the first review and proposed revision to this Ordinance since its adoption. The overall objectives of ZCA 96-04/LCPA 96-01 include: . ZCA 96-04/LCPA 96-01 - hILLSIDE ORDINANCE AMENDMEN I January 7,1998 A. Project Objectives 1. Streamline the Hillside Development permit procedures; 2. Clarify and simplify Ordinance provisions (i.e. intent, applicability and standards) to make it more “user friendly”; and 3. Incorporate new development standards to address identified Ordinance issue areas. The City’s Zoning Ordinance also functions as the implementing zoning for Carlsbad’s Local Coastal Program (LCP). Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended zone code and the City’s LCP. IV. ANALYSIS Included below is a discussion and analysis of the specific Hillside Ordinance revisions associated with each above noted project objective. Reference can be made to Attachment “A” (Strikeout/Highlight version of amended Ordinance) or Exhibit “X” to review in detail all text revisions. The recommendation for approval of this Zone Code Amendment/Local Coastal Program Amendment was developed by analyzing it’s achievement of the overall project objec&es and it’s compliance/consistency with the Carlsbad General Plan and applicable Local Coastal Program policies. A. Project Objectives 1. Streamlining the Hillside Development Permit Procedures a. The primary objective of this Hillside Ordinance amendment is to streamline the Hillside Development Permit procedures. The Hillside Ordinance was adopted in 1989 for the purpose of providing the City with specific regulations to control excessive hillside grading and guide sensitive hillside development. Over the past eight years of experience with the Hillside Ordinance, concerns have been expressed (most notably by applicants proposing to develop either one single family dwelling unit on a residential lot or to develop a previously graded property or lot) that the Hillside Development Permit process is a time-consuming and duplicative discretionary permit process which might be more efficiently handled under a consolidated permit process. Accordingly, the Hillside Ordinance is proposed for amendment as follows: The addition of new Subsection 21.95.040(A) to exempt: (1) one single family dwelling unit on a residentially zoned lot; (2) additional development (i.e. regrading, slope alteration or building encroachment) of previously graded slopes which are located on a single lot; and (3) the development of underground utility systems from having to process a Hillside Development Permit. ZCA 96-04/LCPA 96-01 - hiLLSIDE ORDINANCE AMENDMEl\ I January 7,1998 Page 3 b. However, in order to ensure that the grading and structural development associated with these Hillside Permit exemptions are consistent with the purposes of the Hillside Ordinance, this new Exemption Subsection mandates that “any development (i.e. grading and architecture), associated with the development of one single family unit on a residentially zoned lot and the additional development of previously graded slopes on a single lot (proposed exempted projects), which encroaches into or on top of a natural or manufactured slope which has a gradient of 15% or more and an elevation differential greater than 15 feet, shall still be required to comply with the Hillside Development and Design Standards of the Ordinance (Section 21.95.120) and the City’s Hillside Development Guidelines, and shall be evaluated for compliance through required grading plan and/or building plan review processes.” Any exemption which does not comply with Section 21.95.120 of the Ordinance and the Hillside Development Guidelines shall be required to process a Hillside Development Permit. The benefits associated with this ordinance amendment are that applicants (i.e. owner-builders) proposing to build a single family residence upon an existing residential lot within the City will be spared the time (from 1 to 2 months) and expense ($120.00 per single family residence) of having to process a Hillside Development Permit in addition to required grading and/or building permits. Similar benefits (i.e. a $400.00 HDP application savings) will accrue to developers of previously graded industrial, commercial or residential lots in that a Hillside Development Permit would not be required in addition to other required discretionary permits (i.e. Planned Industrial Permit (PIP), or Site Development Plan(SDP)), or ministerial permits (i.e. building permit or grading permits). C. The existing Hillside Ordinance specifies that “no property which has a slope of 15% or more and an elevation differential greater than 15 feet shall be developed unless a Hillside Development Permit (HDP) has been issued.” Experience has shown that the requirement to process an HDP is clearly unnecessary under the scenario that a proposed development does not encroach upon the identified 15+ foot high 15% slope area(s) on a given property. Accordingly, the following Hillside Ordinance amendment is proposed: The addition of new Section 21.95.030(A) to specify that a Hillside Development Permit would only be required if a person proposes to grade, erect or construct into or on top of a slope which has a gradient of 15% or more and an elevation differential greater than 15 feet. The benefit of this revision is that a Hillside Development Permit would no longer be required for those projects which are not proposing to develop (encroach upon) onsite 15+ foot high, 15% and greater slope areas. 2. Clarifying and Simplifying the Ordinance A number of Hillside Ordinance revisions and a Zoning Ordinance revision are being recommended for the purpose of clarifying and simplifying the Ordinance to make it more “user 42 ZCA 96-04/LCPA 96-01 - nlLLSIDE ORDINANCE AMENDMEN 1’ January 7,1998 friendly.” These revisions include revising the Purpose and Intent Section to clarify and focus the objectives of the Hillside Ordinance, the clarification of Zoning Ordinance provisions with respect to whether manufactured slopes of greater than 40% gradient are developable, the definition (quantification) of the term “sufficiently setback,” the addition of new Ordinance sections dealing with Amendments, Applications and Appeals and the reorganization of Ordinance subsections to make the Hillside Ordinance more readable and understandable. a. Section 21.95.010 Purpose and Intent, is proposed for amendment to distil1 the existing nine separate, yet overlapping, ordinance objectives into four more focused and clear objectives including: 1. Implementing the Land Use and Conservation Element hillside preservation related goals and objectives of the General Plan; 2. Ensuring that hillside conditions on a project basis are incorporated into the Planning Process; 3. Preserving the aesthetic qualities of natural hillsides and manufactured slopes; and 4. Assuring that hillside alteration is done in an environmentally sensitive manner. This revision provides more organization to the ordinance through the establishment of clear and focused ordinance objectives which directly relate to the development standards and required findings of the Hillside Ordinance. The following discussion addresses the Zoning Ordinance clarification regarding whether manufactured slopes of greater than 40% gradient are or aren’t developable. b. Existing Section 21.95.030(b)(4) of the Hillside Ordinance states that “no development or grading can occur on undevelopable portions of a property, as defined by Section 21.53.230 of the Carlsbad Municipal Code.” Section 2 1.53.230 specifies that undevelopable lands include slopes with a gradient of greater than 40%. This section of Code does not address whether manufactured slopes of greater than 40% gradient are undevelopable. However, existing Section 21.95.090(b) of the Hillside Ordinance does state that “areas previously disturbed by authorized grading may be excluded from the requirements of the Hillside Ordinance.” Consistent with this provision, the City has historically allowed limited development of manufactured slopes of greater than 40% gradient through the Hillside Development Permit process. Accordingly, the following clarifications are proposed to Chapter 21.53 of the Zoning Ordinance and to the Hillside Ordinance to allow the development of “manufactured slopes” of greater than 40% gradient. A revision to existing Section 21.53.230(b)(4) of the Zoning Ordinance to clarify that “natural slopes” (and not “manufactured slopes”) with a gradient of greater than 40% shall be undevelopable. As part of this revision, a new Hillside Ordinance Section 21.95.020 (DEFINITIONS) has been added and includes definitions for “manufactured 43 ZCA 96-04/LCPA 96-O 1 - HILLSIDE ORDINANCE AMENDMEN I January 7,1998 slope” and “natural slope”. As discussed later in this report, new standards for the development of manufactured slopes (including those greater than 40% gradient) are proposed to be added to the Hillside Ordinance. In that the development of manufactured slopes will continue to be subject to the development standards of the Hillside Ordinance, Subsection 2 1.95.01 O(C) (PURPOSE AND INTENT) has been modified to specify that the Ordinance is intended to “Preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes.. .” The benefits of these revisions are that: the existing confusion within the Hillside Ordinance and the Municipal Code is corrected whereby manufactured slopes of greater than 40% gradient would be allowed to be developed; and that the Purpose and Intent provisions of the Hillside Ordinance have not been compromised in that the development of “manufactured slopes” would continue to be reviewed (through grading plan and/or building plan review processes) for compliance with the development standards provisions of the Ordinance. b. An Ordinance revision is proposed to define (quantify) the term “suffkiently set back” as follows: The existing Ordinance specifies that “buildings proposed for development on hilltops and on pads created on hillsides shall be sufficiently set back from the adjoining downhill slope.” This proposed amendment to new Subsection 21.95.120(I) (Slope Edge Building Setbacks), quantifies the term “suffkiently set back” through the addition of a specific slope edge building setback standard which applies to main and accessory buildings that are developed on downhill natural or manufactured slopes which are greater than 15 feet in height. Buildings proposed on such slopes shall not be setback less than the minimum setback requirements of the underlying zone but shall be setback so that the building does not intrude into a .7 foot horizontal to 1 foot vertical imaginary diagonal plane that is measured from the edge of slope to the building. (See Exhibits “F” and “G”.) The proposed edge of slope setbacks would not apply to: (1) manufactured or natural slopes which are less than or equal to 15 feet in height; (2) downhill slopes which are located along the sideyards of residential lots; (3) substandard residential lots where the top/edge of slope setback standard would preclude a reasonable use of the property; and (4) the intervening slopes of split level pads which are located on a single lot, but would apply to the edge of slope of the lowest pad. If the edge of a downhill manufactured slope is regraded (filled) and a vertical retaining structure (wall) is used, then the required building setback would be measured from the edge of slope which existed prior to regrading. Even without an existing quantified slope edge building setback standard, staff has historically negotiated a minimum building setback of 15 feet. The proposed building setback standard will provide an adequate separation between slope and structure. The benefit of this proposed revision is that specific (quantified) and reasonable building setback standards from edge of slope, which achieve an intended Ordinance objective (the elimination or reduction of views of vertical building forms which would be incompatible with hillside landforms) are clarified within the Ordinance. This revision will provide clear direction for Hillside Development Permit 44 - - ZCA 96-04/LCPA 96-01 - nrLLSIDE ORDINANCE AMENDMEl I January 7,1998 applicants and staff, thereby enabling easier resolution of related setback issues and consequently expedited permit processing. C. A new section (2 1.95.050) addressing Amendments to Hillside Development Permits has been incorporated into the Ordinance. This new section includes: (1) the procedure for applying for a Hillside Development Permit Amendment, which is similar to other permit amendment procedures (e.g. PUDs and Master Plans) which exist within the zoning ordinance; (2) the criteria for when an amendment is required; and (3) the process for review of a HDP Amendment. Specifically, a Hillside Development Permit Amendment is required for any project which has an approved Hillside Development Permit, that is proposed for redesign and is not exempted from a Hillside Development Permit. An amended project would be evaluated for compliance relative to the Hillside Ordinance Development and Design Standards (i.e., Section 2 1.95.120). The process for review of a Hillside Development Permit Amendment is the same as for the adoption of a Hillside Development Permit. d. New Sections (21.95.060 and 21.95.070) addressing Applications for Hillside Development Permits and Review Process have been added to the Ordinance. Section 21.95.060 includes the procedures for processing a Hillside Development Permit for review and a provision that a permit processing fee will be charged. Revised Section 2 1.95.070 (Review Process) specifies that Hillside Development Permit Exemptions shall be evaluated for compliance with the standards of the Hillside Ordinance (Section 2 1.95.120) through the grading plan and/or building plan review processes. e. New Section 21.95.080 (Appeals) specifies that appeals of decisions on Hillside Development Permits shall be processed utilizing the same appeal procedures applicable to the other discretionary permits which are processed concurrent with the Hillside Development Permit request. Decisions regarding Hillside Development Permit Exemptions would be appealed using the same appeal procedure applicable to grading and/or building permits. f. The existing Hillside Ordinance includes three separate sections (21.95.070 - Modifications to the development and design standards, 21.95.080 - Non-residential development and 21.95.090 - Exclusions) pertaining to Hillside Ordinance exclusions or modifications. These three sections are proposed for revision for the purpose of clarifying the Ordinance. The revisions include: i. Revising Section 2 1.95.130 (Exclusions) to specifically exclude the following from the requirements of the Hillside Ordinance without the necessity of decisionmaking body approval: (1) Hillside areas where a Circulation Element roadway or collector street must be located; (2) Grading volumes, slope heights and graded areas which are directly associated with Circulation Element roadways or collector streets; and &5- ZCA 96-04/LCPA 96-01 - nrLLSIDE ORDINANCE AMENDMEN I‘ January 7,1998 (3) Hillside areas that have unusual geotechnical or soil conditions that require significant grading associated with corrective work. ii. Revising Section 21.95.140 (Modifications to the Development and Design Standards) to add the existing non-residential development standards modification provision (existing Section 21.95.080) to this Section and to delete Circulation Element roads and sites with unusual geotechnical/soils conditions from this Section. These two existing modification types are proposed as blanket exclusions, as discussed above. The overall Ordinance has been reorganized, i.e. reorganization of section sequence and elimination of duplicative provisions, for the purpose of making it more usable and clear, as follows: i. Delete existing Section 21.95.030 (GENERAL RESTRICTIONS). The provisions of this Section have been incorporated into new Sections 21.95.030 (APPLICABILITY OF HILLSIDE DEVELOPMENT PERMIT), 21.95.070 (REVIEW PROCESS) and 21.95.090 (REQUIRED FINDINGS). These new Ordinance Sections more clearly identify for the user where such important Ordinance provisions are located. ii. Delete existing Section 2 1.95.040 (RESIDENTIAL DENSITY CALCU- LATION). The provisions of this Section are adequately and more appropriately covered under existing Carlsbad Municipal Code Section 21.53.230 (RESIDENTIAL DENSITY CALCULATIONS, RESIDENTIAL DEVELOP- MENT RESTRICTIONS ON OPEN SPACE AND ENVIRONMENTALLY SENSITIVE LANDS). . . . 111. Revise existing Section 2 1.95.090 (EXCLUSIONS). The exemption provision of this Section (21.95.090(a)) has been incorporated into new Section 21.95.040 (EXEMPTIONS FROM HILLSIDE DEVELOPMENT PERMIT) and the exclusion provisions of existing Section (21.95.090(b)) have either been incorporated into new Section 21.95.130 (Modifications) or revised and incorporated into new Section 2 1.95.120(B). iv. Delete existing Subsections 21.95.060(c)(l) (Area or Extent of Grading) and (2) (Modifications). The volume of grading provisions have been incorporated into new Subsection 21.95.120(D) (Volume of Grading) and Area of Grading provisions have been deleted and a definition for “Total Graded Area” has been added to Definitions Sections 21.95.020. The modifications provisions within Subsection 2 1.95.060(c)(2) are also adequately covered under Section 2 1.95.140 (MODIFICATIONS TO THE DEVELOPMENT AND DESIGN STANDARDS). V. Delete provisions of existing Subsection 21.95.070(c) that deal with required landscaping of manufactured slopes or other graded areas which are approved as modifications to existing Hillside Ordinance Standards. These provisions are 1/Q ZCA 96-04/LCPA 96-01 - HILLSIDE ORDINANCE AMENDMEN I January 7,1998 vi. vii. . . . Vlll. ix. unnecessary in that they are adequately covered within the City’s Landscape Manual policies and Grading Ordinance. Revise Local Coastal Program Hillside provisions (new Section 21.95.120(A)) to directly reference the applicable Coastal Overlay Zones (Chapters 21.38 and 2 1.203) of the Zoning Ordinance. Revise Section 21.95.120(G) (Screening of Manufactured Slopes) to specify that all manufactured slopes shall be landscaped consistently with the City’s Landscape Manual. Revise Section 21.95.120(H) (Hillside and Hilltop Architecture) to delete the architectural standards from the Ordinance. These standards will be incorporated into the City’s Hillside Development Guidelines manual and Section 21.95.120(H) will specify that Hillside and hilltop structures shall be consistent with the architectural guidelines included within the City’s Hillside Development Guidelines manual. Revise Sections 21.95.120(J) and 21.95.120(K) to delete the specific Roadway Design and Hillside Drainage standards from the Ordinance. These standards will be incorporated into the City’s Hillside Development Guidelines manual and these sections of the Ordinance will specify that Roadway Design and Hillside Drainage shall be consistent with the City’s Hillside Development Guidelines Manual. 3. New Development Standards a. An integral component of the aforementioned Ordinance revision to allow the development of manufactured slopes of greater than 40% gradient and to exempt the development of manufactured slopes on a single lot, which were graded consistent with a previously authorized grading permit from having to process a Hillside Development Permit is the establishment of adequate development standards to regulate the development of such slopes. Accordingly, new manufactured slope development standards are proposed to be added as new Subsection 21.95.120(C) (Development of Manufactured Slopes of Over 40% Gradient). The proposed manufactured slope development standards apply to manufactured slopes with gradients of greater than 40% which have an elevation differential of greater than 15 feet which are located along perimeter property lines. No Ordinance restrictions are recommended to be placed upon interior manufactured slopes (those not located along perimeter property lines) which are located on a single lot due to the facts that these slopes typically do not include significant natural resources, and are generally less visible from public roads than perimeter slopes. There are different standards for “downhill” manufactured slopes and “uphill” manufactured slopes. New Section 21.95.020 (DEFINITIONS) includes definitions for “downhill perimeter slope” and “uphill perimeter slope”. 47 ZCA 96-04/LCPA 96-01 - HILLSIDE ORDINANCE AMENDMEN 1’ January 7,1998 Development that would be permitted on Downhill Perimeter Slopes includes: the construction of a maximum 6 foot tall retaining wall and the placement of additional fill material behind the wall to extend the pad area of a property (see Exhibit “A”), the construction of a deck, or the grading (cutting) of a pad area into the slope (see Exhibit “A”) for the purpose of once again increasing the pad area. No structures would be allowed to be developed on the manufactured pads which are developed along a slope face. The proposed Uphill Perimeter Slope development standards would allow grading (cutting) into the slope and building a maximum 6 foot tall retaining wall to increase the pad area of a property (see Exhibit “B”) or constructing a main or accessory building on top of the slope to the same point within that slope that a maximum 6 foot tall retaining wall would be located (see Exhibit “B”). Because Uphill Perimeter Slopes (including development upon them) would typically only be visible to the owner of the subject property, a provision has been included to allow uphill slope encroachment to the required building setbacks of the underlying zone for the construction of decks (see Exhibit “C”). Manufactured slopes developed pursuant to these standards would also be subject to the other Hillside Development standards within Section 2 1.95.120. b. Revise the existing contour grading standard (new Subsection 2 1.95.120(F)( 1) to specify that all manufactured slopes which are greater than twenty (20) feet in height and two hundred feet in length and are located adjacent to or are substantially visible from a Circulation Element road, collector street or useable public open space area, shall be contour graded. The existing Hillside Ordinance specifies that contour grading shall only be required when a manufactured slope of greater than 30 feet in height or 200 feet in length is created. As a consequence, the typical manufactured slope developed within the City pursuant to these provisions is less than or equal to 30 feet in height and 200 feet in length and is not contour graded. The proposed standard modification would require manufactured slopes which are greater than 20 feet in height (rather than 30 feet in height) and 200 feet in length which are located adjacent to or are substantially visible from a Circulation Element road or collector street or useable public open space area to be contour graded. The benefit of this revision, is that the requirement to contour grade is more appropriately focused on those manufactured slopes which are most visible to the public (along major streets and useable public open space areas). Slopes which are less visible (i.e. those located along rear and sideyards which are typically screened by fences and structures) would not be required to be contour graded. Another benefit of revising the contour grading standard from greater than 30 feet in height/200 feet in length to greater than 20 feet in height/200 feet in length is that a greater number of more natural appearing contoured slopes will be created, thereby satisfying one of the primary objectives of the Hillside Ordinance, which is to ensure that hillside development preserves the natural appearance of hillsides. Consistent with this objective and revision a definition for “contour grading” has also been added to new Section 2 1.95.020 (DEFINITIONS). C. Revise the existing permitted manufactured slope height standard (new Subsection 21.95.120(E)(l)) from 30 feet to 40 feet. ZCA 96-04/LCPA 96-01 - HILLSIDE ORDINANCE AMENDMEN I’ January 7,1998 Page 10 The existing ordinance specifies that manufactured slopes shall not be greater than 30 feet in height. This standard appears to be based primarily upon the Engineering Department standard to construct drainage benches in manufactured slopes which are greater than 30 feet in height. An unintended effect of restricting manufactured slope heights to 30 feet is that in terraced hillside developments, where structures range from 24 to 35 feet in height, there is no apparent landscape relief between structures located on the terraces (see Exhibit “D”). The net effect is that from view corridors (roads), hillside development appears to be dominated by structures. The proposal to revise the manufactured slope height standard from 30 feet to 40 feet will allow for a minimum 10 feet of vertical landscaped separation between typical residential structures which are terraced along a hillside (see Exhibit “E”). d. Amend Subsections 21.95.130(A)( 1) and 2 1.95.130(A)(2) to: exclude collector streets from having to comply with the development prohibition of natural slopes which have a gradient of greater than 40%, exclude collector streets from having to comply with the maximum 40 foot high manufactured slope standard, to allow the graded area and grading volumes associated with the construction of both Circulation Element Roads and collector streets to be excluded from project grading area and grading volume totals provided that the proposed road alignment is environmentally preferred and complies with all other City standards. The Hillside Ordinance currently excludes Circulation Element Roads from complying with the development standards of the Hillside Ordinance. This Ordinance exclusion was based upon the realization that the construction of the City’s major circulation system could not comply with the Hillside Ordinance development standards due to the existence of significant topographic constraints throughout the entire City. Collector streets generally intersect with Circulation Element Roads and provide primary or secondary access to residential neighborhoods and nonresidential projects. Because the grading required to construct a collector street is generally determined by the alignment and grade of the intersecting Circulation Element Road, it is recommended that collector streets be similarly excluded from complying with Hillside Ordinance development standards provided that the proposed road alignment (Circulation Element and/or colledtor) is environmentally preferred and complies with all other City standards. Consistent with this objective and revision, a definition for “collector street” has also been added to new Section 21.95.020 (DEFINITIONS). The proposed revision to exclude graded areas and grading volumes associated with Circulation Element Roads from project graded area and grading volume totals is an Ordinance clarification, in that existing Section 21.95.090 excludes Circulation Element Roads from the requirements of the Ordinance. For the reasons discussed above, staff is also recommending that graded areas and grading volumes associated with collector streets likewise be excluded from project graded area and grading volume totals. e. Modify the provisions within the Hillside Ordinance and Uses Generally Chapter (21.53.230(c)), which prohibit the development of slopes with a gradient of greater than 40%, to allow the development of such slopes. As discussed earlier in this report, the Hillside Ordinance and Section 21.53.230 of the Carlsbad 49 - ’ ZCA 96-04/LCPA 96-01 - niLLSIDE ORDINANCE AMENDMEN I’ January 7,1998 Municipal Code currently prohibit the development of slopes with gradients of greater than 40%. The existing prohibition provision (Section 21.95.030(b)(4)) of the Hillside Ordinance specifies that “no development or grading can occur on undevelopable portions of a property (i.e. slopes with an inclination of greater than 40% or more), as defined by Section 21.53.230 of the Carlsbad Municipal Code”. The specific wording in Section 21.53.230 of the Carlsbad Municipal Code was prepared based upon the recommendations of the Citizens Committee for the Review of the Land Use Element of the Carlsbad General Plan (1985). A review of the Citizens Committee minutes pertaining to slopes with gradients of greater than 40% reveals that the primary objectives were to not allow residential density credit for such slopes and to not allow the development of such slopes when they comprise prominent topographic features of a property. However, it was never the intent of the Citizens Committee to outright prohibit the development of such slopes. A strict interpretation of Section 21.53.230 could preclude the ability to develop much of the remaining vacant hillside property within the City. Based upon this realization, the existing Hillside Ordinance (Section 21.95.090) was written to include various “Exclusions” from the standards of the Hillside Ordinance including: (1) slopes with gradients of greater than 40% which are less than 15 feet in height and less than 4,000 square feet in area, which are not a part of the surrounding generalized slope and (2) small, isolated ravine (slopes of greater than 40% gradient) where there is no substantial evidence that the project will have a significant impact on the environment as determined by the Planning Director. The City has historically allowed the development of such slopes pursuant to these exclusions. However, these specific exclusions are not broad enough in their definition to allow for the development of other slopes with gradients of greater than 40% which are not prominent landform features worthy of preservation. In order to: (1) more accurately address one of the intended objectives of the Citizens Committee (1995) and of the Hillside Ordinance, which is the preservation of prominent landform features; and (2) provide specific measurable criteria (slope height and land area) which more accurately define what a prominent landform feature is, a standard modification is proposed. The proposed standard modification would delete the above noted two exclusions for slopes with gradients of greater than 40% and replace these exclusions with the following standard (new Subsection 21.95.120(B)): “Natural slopes which have all of the following characteristics shall be undevelopable: 1. A gradient of greater than 40%; and 2. An elevation differential of greater than 15 feet; and 3. A minimum area of 10,000 square feet; and 4. The slope comprises a prominent land form feature. The above noted standard addressing permitted development of slopes with gradients of greater than 40%, references (Section 2 1.95.120(B)(2)) p ermitted exceptions (exclusions or modifications included in Sections 21.95.130 and 21.95.140 of the Hillside Ordinance). These modifications include the same exclusions/modifications currently included within the Hillside Ordinance (i.e. sites which require more grading due to geotechnical or soils problems, extensive grading required to accommodate a circulation element road or collector street and cases where significantly more open space would be achieved in addition to an additional modification (see f below)). 3 ZCA 96-04iLCPA 96-01 - HILLSIDE ORDINANCE AMENDMEN’I- January 7,1998 Consistent with this proposed revision, Section 21.53.230(b)(4) of the Carlsbad Municipal Code has also been modified to specify that no residential development shall occur on slopes with gradients of greater than 40% gradient except as permitted pursuant to Section 21.95.120(B) of the Carlsbad Municipal Code. f. The existing Hillside Ordinance includes three findings to allow for modifications to the Development and Design Standards of the Hillside Ordinance. An additional finding (Subsection 21.95.140(A)(2)) to allow for the modification to the Development and Design Standard, is proposed as follows: “The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of the ordinance.” This finding is proposed to enable and encourage the development of creatively designed manufactured slopes, (i.e. slopes rich in horizontal and vertical undulation) which would be more aesthetically pleasing than the natural landforms or manufactured slopes that the standards of the ordinance would otherwise achieve. B. General Plan The General Plan Land Use and Open Space and Conservation Elements include a number of hillside preservation and design policies which are listed below. 1. Land Use Element Policy C.3 - “Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides.” 2. Open Space and Conservation Element Policy C.3 - “Assure that development on hillsides ‘relates to the slope of the land in order to preserve the integrity of the hillsides.” 3. Open Space and Conservation Element Policy C. 12 - “Require that grading be accomplished in a manner that will maintain the appearance of natural hillsides and other landforms where possible.” 4. Open Space and Conservation Element Policy C.14 - “Implement ordinances limiting the density, intensity and character of development of hillside areas and ridges, and provide standards for sensitive grading where development of hillsides is allowed.” This proposed Hillside Development Ordinance amendment is consistent with the applicable policies and programs of the General Plan in that the hillside development and design standards which are proposed will function to regulate the grading and development of hillsides, thereby preserving the appearance and integrity of natural hillsides and manufactured slopes. 5 ZCA 96-04/LCPA 96-01 - hrLLSIDE ORDINANCE AMENDMEN I January 7,1998 Page 13 C. Local Coastal Program Currently the LCP implementation does not include the Hillside Ordinance. However, Subsection 21.95.120(D) of the existing Hillside Ordinance specifies that, “All development on slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of the coastal overlay zone.” This specific development standard has been supplemented with the following provision: a. That all hillside development processed pursuant to this Chapter shall be consistent with all applicable provisions of the certified Local Coastal Program and will not result in significant adverse impacts to coastal resources. With this proposed amendment, the Hillside Development Ordinance is clearly consistent with applicable coastal policies (including the slope preservation policies) of Carlsbad’s Local Coastal Program. Any hillside development proposal within the Coastal Zone shall be required to comply with all applicable Local Coastal Program policies and provisions. The LCP amendment will add the amended version of the Hillside Ordinance and the modifications to Chapter 21.53.230 to the implementation portion of all of the City’s LCP segments. This will accomplish the required consistency between the City’s Zoning Ordinance and its LCP. ENVIRONMENTAL REVIEW The Planning Director has determined that this Zone Code Amendment/Local Coastal Program Amendment (ZCA/LCPA) to amend the City’s Hillside Development and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code), will not have a significant impact on the environment and therefore has issued a Negative Declaration on March 8, 1996. The environmental analysis (EIA Part II) concluded that this ZCA/LCPA will not result in any physical, biological or human environmental impacts because future development projects processed pursuant to ‘this amended Hillside Ordinance will be subject to project specific environmental review and the revised development standards are comparable to the existing standards with respect to environmental protection. Therefore, no significant environmental impacts are anticipated to occur. There were no letters of comment received during the public review period for this Negative Declaration. ATTACHMENTS: 1. Planning Commission Resolution No. 3939 2. Planning Commission Resolution No. 3940 3. Planning Commission Resolution No. 394 1 4. Attachment “A” (Strikeout/Highlight version of amended Ordinance) 5. Exhibits “A’)‘-“G)‘. CD:mh ATTACHMENT “A” 21.95.010 PURPOSE AND INTENT The purposes and intent of this Chapferg are to: A. Implement the i&e& goals and objectives of the Land Use and Open Space/Conservation Elements of the Carlsbad General Plan; B. Assure hillside conditions are properly identified and incorporated into the planning process; C. Preserve and/or enhance the ) projects which relate to the slope of the land, minimizing the amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locations; D. _cJmrrlln) Assure that the alteration of natural hillsides will be done in an environmentally sensjtive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur; w. +. n, 21.95020 DEFINITIONS A. Whenever the following terms are used in this Chapter, they shall have the meaning established by this section: L-3 -l- H:\ADMIN\STAFNCAVCAgB04.ATT 1. “Collector street” means any street with a minimum right-of-way width of 60 feet which intersects with a Circulation Element Road and provides either primary or secondary access to a residential or non-residential project. 2. “Contour grading” means a grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical cutve variations should be used for slope banks. 3. 4. “Development” means grade, erect or construct. “Downhill Perimeter Slope” means a slope located between a pad or gently sloping area (gradient is less than fO%) of a sing/e /of and the property line that is at a lower /eve/ than the pad or gently sloping area of the lot. 5. 6. “Grade” means to excavate or fill or any combination thereof. “Manufactured slope” means a man-made slope consisting who//y or partially of either cut or fill material. 7. a. 9. IO. 11. “Natural slope” means a s/ape which is not manufactured. “‘Project” means any proposal for ‘,deve/opmenf”. ,cS/ope’, means ground that forms a natural or artificial incline. “Total Graded Area” means all areas of project grading (both on-site and off-site) which are necessary to enable the achievement of the project. “Uphi// Perimeter Slope” means a slope located between the pad or gently sloping area(gradient is less than 10%) of a single lot and a propetty line located at a higher /eve/ than the pad or gently sloping area of the lot. 21.95.030 APPLICABILITY OF HILLSIDE DEVELOPMENT PERMIT GENERA& A. No person shall grade, or erect, or construct into or on top of a slope which has a gradient m of fifteen percent (f5%) or more and an elevation differential greater than fifteen (15) feet &a+1 without first obtaining a Hi//side Development Permit pursuant to this Chapter. ka B. Any application for a Hillside Development Permit which was deemed complete prior to the effective date of the ordinance reenacting this “” d;l -2- + H:\ADMINSTAFFUCAUCA9604.ATT Chapter, shall not be subject to the amended provisions of this Chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by this ordinance. 21.95.040 EXEMPTIONS FROM HILLSIDE DEVELOPMENT PERMIT A. Notwithstanding the provisions of Section 21.95.030, the following need not obtain a Hillside Development Permit, provided that the development complies with Section 21.95.120 of this Chapter and the City’s Hillside Development and Design Guidelines: 1. The development of one single family dwelling unit on a residentially zoned lot. 2. On a single lot, the additional development (i.e.; regrading, slope alteration or building encroachment) of or upon any manufactured slope with a gradient of 40% or greater and an elevational difference (height) of 15 feet or greater which has been previously graded consistent with an authorized grading permit. 3. The development (trenching, utility construction and backfilling) of underground utility systems. B. Any development exempted by 21.95.040(A) above, which does not comply with Section 21.95.720 and the City’s Hillside Development Guidelines, must obtain a Hillside Development Permit or Hillside Development Permit Amendment pursuant to this Chapter. C. Any project that has received final approval of a Hillside Development Permit prior to the effective date of this ordinance is exempted from the provisions of this Chapter, provided that such permit or approval has not expired or is not otherwise revoked, and the development is in accordance with the existing Hillside Development Permit and related approvals. 21.95050 AMENDMENTS TO HILLSIDE DEVELOPMENT PERMITS A. An amendment to a Hillside Development Permit shall be processed in the same manner as an original application for a Hillside Development Permit. B. Unless exempted by Section 21.95.040, a Hillside Development Permit Amendment shall be required for any portion of a project which has a Hillside Development Permit that is proposed for redesign and othewise requires a Hillside Development Permit per Section 21.95.030. -3- &’ H:WDMIN!STAFFVCAVCASSO4.AlT 21.95060 APPLICATION Application for a Hillside Development Permit shall be made in accordance with the procedures set forth in this Section. A. An application for a Hillside Development Permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by the Director. The application shall be accompanied by adequate plans, which allow for detailed review pursuant to this Chapter and demonstrate compliance with Hillside Mapping Procedures in Section 21.95.110, a legal description of the property and all other materials and information specified by the Director. B. At the time of filing the application, the applicant shall pay a processing fee in an amount specified by City Council resolution. 21.95.070 REVIEW PROCESS A. Hillside Development Permit - An application for a Hillside Development Permit or Hillside Development Permit Amendment shall be processed and approved concurrently with any other development permits required by Titles II, 18, 20 or 21 of this code. The same decisionmaking body or official which has the authority to finally approve, conditionally approve or deny the other development permits required for the project shall have the authority to finally approve, conditionally approve or deny a Hillside Development Permit. Amendments to Hillside Permits shall be acted on by the same decision making body that approved the original Hillside Permit and any subsequent Hillside Permit Amendments. B. Exemptions - Development satisfying the Hillside Development Permit Exemptions, set forth in Section 21.95.040(A), shall be evaluated for compliance tiith Section 21.95.120 and the Hillside Development and Design Guidelines through required grading plan and/or building plan review processes. 21.95.080 APPEALS A. Hillside Development Permits - The decision of the final decision making body or official is final and effective ten calendar days after the adoption of the resolution or written decision, unless within such ten-day period the applicant or any other interested person files a written appeal utilizing the same appeal procedure applicable to the other permits which are processed concurrently with the Hillside Development Permit. If no other discretionary permits are being processed concurrently with the Hillside Development Permit, then the appeal procedures contained in Section -4- 5% H:iADMINSTAFNCAVCA9604.AlT 2154.140 shall apply. B. Decisions regarding Hillside Development Permit Exemptions, which are reviewed through the grading plan arMor building plan review processes, may be appealed to the City Council utilizing the same appeal procedure applicable to grading permits antior building permits. 21.95.090 REQUIRED FINDINGS A. No A hillside development permit shall be approved unless the decision making body or official finds that: g f3adei 1. Wat Undevelopable areas of the project, pursuant to Subsection 21.53.230(b) of this Code, have been properly identified; 2. The project complies with the Purpose and Intent provisions of Section 21.95.010 of this Chapter. 3. Chapter, and Section 21.95.140 if a modification to the Development and Design Standards is approved. 4. VI& The project design substantially conforms to the intent cf the w Hillside Development Guidelines manual. &I+& 21.95.100 MINIMUM DEVELOPMENT OF HILLSIDE LANDS The provisions of this Chapter shall be applied so as to: A. Not preclude a reasonable use of a legal M&de parcel which includes hillside . . conditions as regulated by this Chapter g , B. Not preclude the efficient and safe provision of public facilities or services to any legal parcel e;n and -5- H:WDMINSTAFFVCA’ZCA9604.AlT 45--~ C. Allow development of at least one single family dwelling unit per parcel described in subsection A. Q 21.95.1 IO HILLSIDE MAPPING PROCEDURES A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals 6 which propose grading or development of slopes which have a gradient k+xsess of fifteen percent or more and have an elevation differential greater than fifteen feet. A. Slope Analysis. The Sslope analysis shall identify the acreage of all natural and manufactured slopes within v each of the following slope categories 3: 1. O-less than 15% slopes 2. 15-less than 25% slopes 3. 25-les&h~ 40% slopes and 4. 0 w slopes greater than 40% a. Percentage of slope is determined by: Vertical Distance (Contour interval) Horizontal Distance x 100 = %Slope (Distance between contour intervals) B. Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall: 1. Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; 2. Show both existing and proposed topography, structures and surface infrastructures. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line: 3. Include the slope profile for at least one hundred feet #WV outside of the project site boundary or adjacent public street; 4. Be drawn along those locations of the project site where: -6- 5-8 H:\ADMINSTAFFUCAUCAQW4.AlT C. D. 5. a. The greatest alteration of the existing topography is proposed, b. The most intense or bulky development is proposed, and C. The site is most visible from surrounding land uses; Two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty-five pe+se& degree angle to the other slope profiles and existing contour lines. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section. @44826 5 2 $a#& Development which is exempt per Section 21.95.040 or excluded per Section 21.95.130 is generally exempt from the hillside mapping requirements of this Section except in cases where the Planning Director determines that hillside mapping is necessary to assess project compliance with the Hillside Ordinance. 21.95.120 HILLSIDE DEVELOPMENT AND DESIGN STANDARDS The provisions of this Section shall apply to all projects that propose to grade, erect or construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen percent (15%) or more and an elevation differential greater than fifteen (15) feet. A. Coastal Zone Hillside Development Regulations 1. All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of )ka -7- H:\ADMIN\STAFFUCAUCA9604.Al-T 39 m Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and the slope protection policies of the applicable Local Coastal Program segment. Additionally, all hillside development processed pursuant to this Chapter shall be consistent with all applicable provisions and policies of the certified Local Coastal Program(s) and shall not result in significant adverse impacts to coastal resources. B. Development of Natural Slopes of Over 40% Gradient I. Natural slopes which have all of the following characteristics shall be undevelopable: a. A gradient of greater than 40%; and b. An elevation differential of greater than 15 feet; and C. A minimum area of 10,000 square feet; and d. The slope comprises a prominent land form feature. 2. Projects which propose the development of natural slopes defined in Subsection 21.95.120(B)(l) above shall nevertheless be allowed, only if the project qualifies as an exclusion or modification, pursuant to Sections 21.95.130 and 21.95.140, respectively. C. Development of Manufactured Slopes of Over 40% Gradient 1. Manufactured slopes which have a gradient of greater than 40% and an elevation differential of greater than 15 feet shall be subject to the following development standards. a. Development of Uphill Perimeter Slopes. (0 The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of 6 vertical feet as measured from the existing grade at the toe of slope: (a) Main building(s); (b) Accessory buildings; and (c) Retaining Walls. (ii) Decks may be constructed upon an uphill perimeter manufactured slope up to the required building setback(s) of the underlying zone. -8- H:WDMIN\STAFNCAVCA9604.AlT b0 C b. Development of Downhill Perimeter Slopes 0) The following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of 6 vertical feet as measured from the existing grade at the top of slope: (a) Decks; and (b) Retaining Walls. (ii) Deck surface areas shall be allowed to extend to the same point that a 6 foot vertical retaining wall would be permitted. (iii) No main or accessory building may encroach over the top/edge of a Downhill Perimeter Slope. C- The manufactured slope standards, within this section do not apply to manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot). D. Volume of Grading I. The volume of earfh moved for cuts and fills shall be minimized. 2. The relative acceptability of hillside grading volume shall be determined by the following: Hillside Grading 3. The methodology for determining the volumes of both the cut and fill in cubic yards shall be calculated as follows. A grading and preliminary grading plan, shall be prepared and shall include: the cut or fill volumes &aU-be noted e&be for each particular cut or fill and the total -9- 4?] H:‘ADMIN\STAFNCAVCAB604.AlT E. F. volume of cut and fill for the project. g . . . IW+MWB& The larger volume of the total cut or total fill volumes divided by the total graded area (in acres) d z shall equal the volume of hillside grading for the project #k 4. Applications proposing grading volumes which are potentially acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan, submit for review specific written findings justifying the reasons for the amount of grading, subject to the approval of the Planning Director and City Engineer. 5. Applications proposing grading volumes which are unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be allowed only if they quality as an exclusion or modification pursuant to Section 21.95.130 and 21.95.140 of this Chapter respectively. WWQ&&N& Slope Height e. I. Manufactured C&-e&N slopes shall not be greater than thi&y forty (40) feet in height. 2. Slope Height Exclusions. See Section 21.95.130 of this Chapter. Contour Grading. 1. All manufactured slopes which are greater than twenty (20) feet in height and two hundred (200) feet in length and which are located adjacent to or are substantially visible from a Circulation Element road, collector street or useable public open space area shall be contour graded. -1 o- H:MDMINSTAFFVCAVCA9604.All 64 G. Screening Manufactured r-*clrlrrrl Slopes. m, tc M fir 8 “’ 1. All manufactured m slopes shall be landscaped consistent with the City’s Landscape Manual. 6 H. Hillside and Hilltop Architecture. 1. Hillside and hilltop structures shall be consistent with the architectural guidelines included within the City’s Hillside Development Guidelines. TCln cf w -ll- 63 H:\ADMIN\STAFFECAVCA9604.ATT 1. I. Slope Edge Building Setbacks (pursuant to this Chapter) \I;al.l -. 1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building forms which would be visually incompatible with hillside landforms. Notwithstanding the building setback requirements of the underlying zone, all main and accessory buildings that are developed on hilltops antior pads created on downhill perimeter slopes of greater than fiieen (15) feet in height, shall be setback so that the building does not intrude into a .7 foot horizontal to 1 foot vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other development application requirements. 2. Building setbacks pursuant to this Chapter do not apply to: a. Slopes which are less than 15 feet in height; b. the intervening slopes of split-level pads which are located on a single lot, but do apply to. the edge of slope of the lowest pad; -12- .b4 H:‘ADMIN\STAFFVCAVCA9604.A-l-l C. downhill slopes which are located along the sideyards of residential lots; and d. substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the Pwertv. 3. If a Downhill Perimeter Slope is regraded (filled) consistent with Subsection 21.95.120(C) of this Chapter, and a vertical retaining structure is used, then the required building setback shall be measured from the edge of slope which existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be of an open design which does not visually extend the height of the slope. Exceptions to this provision may include, but are not limited to, noise attenuation walls, privacy walls or security walls. J. Roadway Design. 1. Hillside roadway design shall be consistent with the City’s Hillside Development Guidelines Manual. 6 K. Hillside Drainage. I. Hillside drainage shall be consistent with the City’s Hillside . . Development Guidelines. ; , 21.95.130 EXCLUSIONS A. The following are excluded from the Hillside Development and Design Standards of Section 21.95.120: 1. Hillside areas where a Circulation Element roadway or a collector street must be located provided that the proposed alignment(s) are -13- H:WDMINSTAFNCAVCA9604.AlT 65 environmentally prefened and comply with all other City standards. 2. Grading volumes, slope heights and graded areas which are directly associated with Circulation Element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards. 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. 21.95.140 MODIFICATIONS TO THE DEVELOPMENT AND DESIGN STANDARDS A. The decisionmaking body or official may approve a modification to the Hillside Development and Design Standards of Section 21.95.120 if it finds that the proposed development complies with the Purpose and Intent provisions of Section 21.95.010 and makes one or more of the following findings: ear&e FRa& 2. +n B r) rf&&&&+ 1. The proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.120. 2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural. appearing than would a strict adherence to the requirements of Section 21.95.120. B. Any request for a modification to the development and design standards of this Chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.95.120. The second set shall illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decisionmaking body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts. -14- H:\ADMIN\STAFFVCAVCA9604.AlT b 6 - C. If a modification is gfa~#& proposed to allow grading in excess of ten thousand cubic yards/acre of cut or fill, or a manufactured slope in excess of t-b&y few (40) feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction of the decisionmaking body or official. In addition, a detailed mitigation and landscaping plan shall be submitted as part of the application [. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. kd “m D. Development on land designated for nonresidential development shall comply with all requirements of this Chapter except Sections 21.95.120(D) and 21.95.120(E). Any nonresidential project proposing grading in excess of ten thousand cubic yards per acre or creating slopes in excess of #i&y forty (40) feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decisionmaking body. 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