HomeMy WebLinkAbout1998-01-07; Planning Commission; ; ZCA 96-04|LCPA 96-01 - HILLSIDE DEVELOPMENT ORDINANCE,·he City of CARLSBAD PJanntng Departm"..t
A REPORT TO THE PLANNING COMMISSION
P.C. AGB~A OF: January 7, 1998
ItemNo. @
Application complete date: N/ A
Project Planner: Chris DeCerbo
Project Engineer: N/ A
SUBJECT: ZCA 96-04/LCPA 96-01 -IDLLSIDE 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.
I. 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:
0
ZCA 96-04/LCPA 96-0l· · .. .-ilLLSIDE ORDINANCE AMENDMEN f
January 7, 1998
Pa2e 2
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 O~dinance 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 rev1s1ons
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 ,
objectives 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 alliendment 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 ..
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Page3
b. However, in order to ensure that the grading and structmal 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 encroa~h 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 rev1s1on are being
recommended for the purpose of clarifying and simplifying the Ordinance to make it more "user
ZCA 96-04/LCPA 96-01 -... 11LLSIDE ORDINANCE AMENDME1" f
January 7, 1998
Page4
: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 reorganiz.ation 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 distill 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 organiz.ation 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 2l.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 21.53.230 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 2l.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
' ZCA 96-04/LCPA 96-01 -dlLLSIDE ORDINANCE AMENDME1'1 f
January 7, 1998
Page 5
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 21.95.0l0(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 "sufficiently 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(1) (Slope Edge Building
Setbacks), quantifies the term "sufficiently 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 stope 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
ZCA 96-04/LCPA 96-01 -.rflLLSIDE ORDINANCE AMENDME.L\I f
January 7, 1998
Page6
applicants and staff, thereby enabling easier resolution of related setback issues and consequently
expedited permit processing.
c. A new section (21.95.050) 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 HOP 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 21.95.120). 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
21.95.070 (Review Process) specifies that Hillside Development Permit Exemptions shall
be evaluated for compliance with the standards of the Hillside Ordinance (Section
21. 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 revis_ions include:
1. Revising Section 21.95.130 (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
' ZCA 96-04/LCPA 96-01 -tfILLSIDE ORDINANCE AMEND~ f
January 7, I 998
Pae 7
(3) Hillside areas that have unusual geotechnical or soil conditions that
require significant grading associated with corrective work.
11. 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.
g. 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:
1. Delete existmg 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.
11. Delete existing Section 21.95.040 (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 21.95.090 (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 21.95.120(B).
1v. Delete existing Subsectio~ 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(0) (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 21.95.060(c)(2) are also adequately covered under Section 21.95.140
(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
ZCA 96-04/LCPA 96-01 -tlILLSIDE ORDINANCE AMENDMENT
January 7, 1998
Page 8
unnecessary in that they are adequately covered within the City's Landscape
Manual policies and Grading Ordinance.
vi. Revise Local Coastal Program Hillside provisions (new Section 21.95.120(A)) to
directly reference the applicable Coastal Overlay Zones (Chapters 21.38 and
21.203) of the Zoning Ordinance.
vii. Revise Section 21.95.120(0) (Screening of Manufactured Slopes) to specify that
all manufactured slopes shall be landscaped consistently with the City's
Landscape Manual.
viii. 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. l 20(H) will specify that Hillside and hilltop structures shall be consistent
with the architectural guidelines included within the City's Hillside Development
Guidelines manual.
ix. Revise Sections 21.95.120(]) 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 in~gral 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 or" 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".
ZCA 96-04/LCPA 96-01 -tlILLSIDE ORDINANCE AMENDMENT
January 7, 1998
Page9
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 21.95.120.
b. Revise the existing contour grading standard (new Subsection 21.95.120(F)(l) 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 21.95.020 (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 -rlILLSIDE ORDINANCE AMENDMENT
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)(l) and 21.95.130(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 froin complying with Hillside
Ordinance development standards provided that the proposed road alignment (Circulation
Element and/or collector) 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
-..
ZCA 96-04/LCPA 96-01 -clILLSIDE ORDINANCE AMENDMENT
January 7, 1998
Pa e 11
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 21.95.120(B)(2)) permitted 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)).
ZCA 96-04/LCPA 96-01 -tlILLSIDE ORDINANCE AMENDME~ f
January 7, 1998
Page 12
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(8)
of the Carlsbad Municipal Code.
f. )be existing Hillside Ordinance includes three fmdings 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 ~ossible."
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.
ZCA 96-04/LCPA 96-01 -rlILLSIDE ORDINANCE AMENDMENT
January 7, 1998
Page 13
C. Local Coastal Program
Currently the LCP implementation does not include the Hillside Ordinance. However.
Subsection 21.95.120(0) 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
supple~ented 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.
V. 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/LCP A 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. 3941
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 Chapter the hillside de>.«elopR-10nt regulatiens is are to:
A.
B.
C.
D.
E
r.
G.
l=I.
I.
Implement the fRteRt goals and objectives of the Land Use and Open
Space/Conservation Elements of the Carlsbad General Plan;
Assure hillside conditions are properly identified and incorporated into the
planning process;
Preserve and/or enhance the a healthR:JI and aesthetioally pleasing en¥iFenment
by assuFing that hillside de¥elepmont is J:)leasing to the eye, Fish in •.imioty, highly
identifiable, and re:Aoots tho oity's eultuml and en1.«iFonmental ¥alues; aesthetic
qualities of natural hillsides and manufactured slopes by designing
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;
Eneourage eFeati¥oly designed hillside dei.tolopment whieh requiFing a minimal
amount ef gFading; Assure that the alteration of natural hillsides will be
done in an environmentally sensitive 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;
Reduee the intensity of de•.ielopment on f::lillside aFeas to ensuFo all de¥olopment
that does oeeuF is eompatible with the e:Kisting topography. (OFEI. Q82e § 2 (part),
1987)
Assure propeF design is utili~ed in gFading, landseaping and in tho de¥elepment
of strnetures and Foad1J.tays to pFeseF¥o the natuFal appeaFanee of hillsides;
Assure hillside alteFation 1Nill not result in substantial Elamago eF alt:eration· ef
signifieant natuml rnsouree aFeas, wildlife habitats or nati•.'o >.«egetatien areas;
PreseF¥e the natural appearanee of hillsides by assuring tf::lat de¥elof')ment
density and intensity rnlates to the slope of the land, and is eompatible with
hillsiEle preseF¥ation;
Pre¥ent eFosion and prnteot the lagoons frnm e:Keessi•.'e siltation;
21.95.020 DEFINITIONS
A. Whenever the following terms are used in this Chapter, they shall have the
meaning established by this section:
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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 curve variations should be used for slope
banks.
3. "Development'-' means grade, erect or construct
4. "Downhill Perimeter Slope" means a slope located between a pad or
gently sloping area (gradient is less than 10%) of a single lot and the
property line that is at a lower level than the pad or gently sloping
area of the lot
5. "Grade" means to excavate or fill or any combination thereof.
6. •Manufactured slope" means a man-made slope consisting wholly or
partially of either cut or fill material.
7. "Natural slope• means a slope which is not manufactured.
8. "Project" means any proposal for "development".
9. "Slope" means ground that forms a natural or artificial incline.
10. "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
11. "Uphill Perimeter Slope" means a slope located between the pad or
gently sloping area(gradient is less than 10%) of a single lot and a
property line located at a higher level than the pad or gently sloping
area of the lot
21.95.030 APPLICABILITY OF HILLSIDE DEVELOPMENT PERMIT G&N&R.Ab
R&&TRICTION&
A. No person shall grade, or erect, or construct into or on top of a slope which
has a gradient Ne preperty wilh a slepe of fifteen percent (15%) or more and an
elevation differential greater than fifteen (15) feet &l:lall without first obtaining a
Hillside Development Permit pursuant to this Chapter. be de11eleped 1:1Rless
a hillside de11elepmeRI permil has beeR iss1:1ed.
B. Any application for a Hillside Development Permit which was deemed
complete prior to the effective date of the ordinance reenacting this
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-· -
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/at
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 elevations/ 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 21.95.120 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.
21.95.050 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 otherwise
requires a Hillside Development Permit per Section 21.95.030.
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21.95.060 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. HIiiside 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 11, 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 with 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
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21.54.140 shall apply.
B. Decisions regarding Hillside Development Permit Exemptions, which are
reviewed through the grading plan and/or building plan review processes,
may be appealed to the City Council utilizing the same appeal procedure
applicable to grading permits and/or 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: 9Rly if all ef tt:le folle•.•.tiRg fiRdiRgs saR be
made:
1. ~ 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. Tt:lat the de¥elapmeRt pFeposal aRd all applisable de·.•olopmeRt appro¥als
aRa f.:)ermits are seRsisteRt ·.•.•itt:I tt:le p1:1rpese, iRteRt aRd F0E11:1irem0Rts of
tt:lis Ct:lapter; The project complies with Section 21.95.120 of this
Chapter, and Section 21.95.140 if a modification to the Development
and Design Standards is approved.
4. Tt:lat Re de¥elef.:)meRt er gradiRg will 0ss1:1r iR tt:lese pertiaRs of tt:le
property wt:list:I are 1:1Rde·.telopable f.:)1:1rs1:1aRt te tt:le pF8¥isieRs af SestiaR
21.53.230;
5. That the f,:)FOjest ElesigR aRa lat 68Rfig1:1rati0R miRimii!:06 dist1:1rbaR68 ef
t:lillsiele laRds;
4. ~ The project design substantially conforms to the iRteRt af tt:le
oeRsepts ill1:1strated iR tt:le Hillside Development Guidelines manual. ~
NS 37 § 1 {part), 1988; OFEi. 9826 § 2 {part), 1987)
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 t:lillside parcel which includes hillside
conditions as regulated by this Chapter was legally e:KistiRg eR tt:le date of tt:le
eFEiiRaRse aElef.:)tiRg tt:lis st:laf.:)ter;
B. Not preclude the efficient and safe provision of public facilities or services to any
legal parcel ieleAtifieEI iR s1:1lasestieR {a) ef tt:lis sestioR; and
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C. Allow development of at least one single family dwelling unit per parcel described
in subsection A. EOre. 98:38 § a Epar:ij, 1987)
21.95.110 HILLSIDE MAPPING PROCEDURES
A slope analysis and slope profiles shall be illustrated on a constraints map, and shall
accompany all development submittals fer preperties tt-:lat t-:la\te aAy . which propose
grading or development of slopes which have a gradient iA eJEeess of fifteen percent
or more and have an elevation differential greater than fifteen feet.
A. Slope Analysis. The &slope analysis shall identify the acreage of all natural
and manufactured slopes within aAe pereeAtage of each of the following slope
categories fer eaet-:1 geAeral plaA laAe 1:Jse eesigAatioA aAEi 20Ae ef the site:
1.
2.
3.
4.
0-less than 15% slopes
15-less than 25% slopes
25 less thaA 10% slopes and
4 Q% or greater slopes greater than 40%
a. Percentage of slope is determined by:
Vertical Distance
(Contour interval) ___ R_o_rz-·zo-n-ta"""'l,_,D __ i-sti-an_c_e ___ x JOO = % 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 ~hall:
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
infrastructure&. Propos~d 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 fFeFR outside of the
project site boundary or adjacent public street;
4. Be drawn along those locations of the project site where:
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--
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;
5. 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 poFeont degree angle to the other
slope profiles and existing contour lines. • •
C. 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. (OrEi. Q82& § 2 (par:t),
1087)
D. 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.
21.8&.0&0 Rli&IDliNTIAb DliNSITY C1'bCUbATION
(a)
(b)
Ar-oas ef a site in slepes gr-oater than forty poFeont shall be oMsluEioe fr:eFR
r-osieontial eonsi~ salsulatiens sensistent with Sostion 21.53.230.
No more than fifty poF60nt of tho por:tion of a site sontaining twon~ fi"'0 to forty
J:)oreont slepos FRay bo utilizes for salewlating allet.vablo r-osiEiontial Eionsity
oensistont '.♦Jith Sestien 21.53.230. (Ore. NS 37 § 1 (par:t), 1988; Ore. 982& § 2
(par:t), 1087)
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 f'dteen (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 tho soastal o•,fOrlay
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i!8R8 Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and
the slope pcotection 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
1. • 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(8)(1) 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.
(i) 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) Accesso,y 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.
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b. Development of Downhill Perimeter Slopes
(i) 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 sl,:,pe:
(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
1. The volume of earth moved for cuts and fills shall be minimized.
2. The relative acceptability of hillside grading volume shall be determined
. by the following:
. Cubic Yards of Cut or Fill Relative Sensitivity of
Grading per Acre of Cut Hillside Grading Volume
and Fill Area (in acres)
0 -7,999 cubic yards/acre Acceptable
8,000 -10,000 cubic Potentially acceptable
yards/acre
> 10,000 cubic yards/acre Unacceptable
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 shall ee noted eR the for each particular cut or fill and the total
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L.
E.
volume of cut and fill for the project. shall BO neteel en the gr:aeling anel
pFeliminaf)' gr:aeling plan. (3VJeh:.1mo ef oar1f:1 me,,.-oel for s1:1ts anEJ fills shall
eo minimii!oel. The larger volume of the total cut or total fill volumes
divided by the total graded area ~n acres) tf:1at is s1:1t anel filloel ~f:lat is
gr:aeloel) shall equal the volume of hillside grading for the project tAi&
shaptor.
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 qualify as an exclusion or modification pursuant to Section
21.95.130 and 21.95.140 of this Chapter respectively. semply witf:1 the
F0q1:1iF0monts of Seotien 21.96.13Q.
All elot.•elepmont en hillsiele aFeas shall semply with the &tanelards of this sootion
1:1nless a moelifisatien te these stanelarels san BO j1:1stifioel te tf:le elesisienmaking
eeely per tho F0q1:1iroments of Seotien 21.95.13Q. (Ord. 9828 § 2 (part), 198+)
Slope Height ana V-0l1:1me of Gr:aeling C1:1t OF Fill.
1. Manufactured C1:1t er fill slopes shall not be greater than ~ forty (40)
feet in height.
2. Slope Height Exclusions. See Section 21.95.130 of this Chapter.
F. Contour Grading.
1.
1.
Centaur gr:aaing teshniq1:1os shall eo usoa te pret_tiao a •.-ariety of eeth
slepo poroontage anel slepo aiFOotien in a three elimonsienal 1:1nel1:1lating
pattern similar te eHisting, aElja8ent natur:al teFFain. The lines estaelishoel
ey tho tee ana tep of tho gr:aaea slepe sl=lall alse 1:1naulate in tl=lis fasl='tion.
Centaur gr:aaing shall 1:1nel1:1lato se tl=lat in no ease· shall a str:aigl=lt, flat, sut
er filloa slope faso gFOater tl=lan thirty foot in height er t\•i.10 hunaroa foot in
lengtl=l Be sFOatea.
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) .'\FOa er li!Htent of Gr:aaing. Gr:aeling of the ao'..•elepaele pertiens ef the site
-10-H:IADMIN\STAFF\ZCAIZCA9604ATT
G.
shall l>o kept te a minim1:1m. Te Elefino tf:le aFea er o:Ktont ef graelinf:J, the
area iR asres, ef l>eth s1:1t o*sa•,'8tieR aRel fill aFeas shall l>o sals1:1lateel.
This sals1:1latieR shall Be netoEI eR tho partis1:1lar s1:1t er fill· area. The tetal
areas of 01:Jt aREI fill shall Be RetoEI eR the graeling anEI preliminaF)' graaing
f:)laR. l\dElitionaUy, the areas of el:Jt and fill as a f:)ereontago of the tetal site
area shall Bo netoel in the graEling aRd f)reliminaF)' grading f:)lan. Tt:le
areas of 61:Jt anEI fill eff site yet f:)hysisally attashed te on site 61:Jt anel fill
areas shall alee l>e insl1:Jdod in the ealo1:Jlatiens ef s1:Jttfill areas:
Af:)f)lieatiens ·11t:lioh f)Fef:)ose E10•1olof)mont on twei:1ty five to ferty f)Orsent
slof)os F8E11:Jiring ·grading in e*eess of tho graEling neeessary te f>Fe¥iele
reaEl-.wys, 1:Jtilitios, l:11:JilEling fe1:Jndations f)arking areas er resreatienal
areas in senfermanse with this ohaf)ter, shall &l:JBFRit fer re•tiew &f)osifis
written findings j1:Jstifying the reasens fer the eHeoss grading, s1:Jejeet to
the af)pret1al of tho desisionmaking BeEly.
Screening • Manufactured Grades Slopes. G1:Jt or fill slopes shall, to the e:Ktent
f)Ossible, be ssroonoEI f.rom ¥i0'.'t bot:lind er 1:JnElor B1:Ji1Elings, By lanElsoaping, or by
nat1:Jral tof)ograf)his feat1:Jres
1. All manufactured manmaEle slopes shall be landscaped consistent with
the City's Landscape Manual. to tt:lo satisfaetion of the Planning DiFOstor
f)Fior to O661:Jf)an~· of any str1:1et1:Jres.
H. Hillside and Hilltop Architecture.
1.
2.
3.
Hillside and hilltop structures shall be consistent with the
architectural guidelines included within the City's Hillside
Development Guidelines. The ¥011:Jme of stF1:Jet1:Jres shall generally
Eleereaso with an insrease in tho porsont of hillsiEle slof)o. M1:1ltile¥el or
terraseEI fe1:JnElations wt=iish fit a str1:Jst1:Jre into tf:le nat1:Jral slof)e anEI ferm
of the hillside shall be the f)referred stF1:Jet1:Jral Elesign en the 1:Jf)hill siEle of
the street. MillsiEle arshitoet1:Jre shall insoFf)orate af)f)ref)riate stF1:Jet1:1FO
moEl1:Jlation along with floor anEI reef le¥el transitions te shall insoFf)orate
af)f)FOf)riate str1:Jet1:Jre moEl1:1latitm aleng with fleer anEI reef lo•,·ol transitiens
te fit a stF1:Jet1:Jre and reoflino inte tho nat1:Jral sonto1:Jrs, featl:IFes and
Baskgre1:1nEI ef the hillsiEle. Tho length of a str1:Jot1:Jro shall erient f)arallel
with tho s0nt01:1r of tho hillsiEle. The gFeater tho hillsiEle slof)o, the lengor
tho stFYetl:IFO length ta wiElth ratie shall BO FOEtl:JiFOEI.
81:Jlky, rigid, e:Keossit1oly ang1:Jlar, •1ertieal er ether el>trusi¥e goemetrie
arohitoet1:Jre, aesessery str1:Jst1:Jres er fenoos wl=lioh are not in tl=lo same
f)attern, f)ref)ortien er ssale with tl=lo hillside lanelferm sl=lall l>o
EliseourageEI.
Tho Elominate reef slef)o shall fellew the deminato slof)e of the hillsiElo.
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I.
I.
4. EMtoFior, 1T1aterials anel solor-s shall tao haF1T1onious in tone anel teMture with
the hillsielo anel surrouneling ¥egotation. Mose taitas anel olestrisal outlets
shall ee sonstFusteel on the elo•.-,<nhill siele of all hillsiele struGlures.
Milllo13 .'\rshitesture. In aelelition to tho hillsielo arshitesture stanelare.ls, hillto13 anel
arshitosture shoulel eMtend anel onhanse tho 1T1ajor features of hillto13s, not
elo1T1inate it. Signifisant elown slope soteask, s1T1all 1T1oelulatod eer1T1s, anel
sensiti•,<o lanelssa13ing shall tao useel to ap13re13riately 1T1aintain tho a13pearanso of
a hilltop rielgo line frolTl surrouneing •Ji0t1.113oints. ~a1T113los of th~ eosired hillsieo
. ane hillto13 arshitosture san tao feune in tho City's Design Guielolinos Manual ane
arshitestural re•,<i0t11 guieolines.
Slope Edge Building Setbacks (pursuant to this Chapter) \lie•11 ProsoF\itation
and enl=lansolTlent.
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 and/or pads
created on downhill perimeter slopes of greater than fifteen (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. i!!Msopt whore units are
stopped elo•.tJn ttm hillsiee, all parls of strustures pre13osoe fer
do•Jolop1T1ont on hilltops ane on 13aes sreatee on hillsiees shall ee
su#isiontly sot eask frolTl the aeljoining d0t.-,nhill slopes so that tl=lo ¥isual
i1T113ast on tho surreuneing area is elilTlinatee or signifisantly reeusoe lay
the slope. }}/here 13uelis sa:fEKy san eo assures, tho soteask area shall be
used fer puelis, so1T11T1on or pFi•Jate O13On spase. SITlall irregular 0OF1T1ing
shall ee used within the greunel level soteask to sreate visual anel site
interest.
Soteasks shall eo suffisiont to oli1T1inato or signifisantly reeuso any jutting
\<ortisal 1T1ass whish tJ,<oulel be •Jisually insolTlpatiele with natural hillsiEle
lanEI feFITls.
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;
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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
property.
3. If a Downhill Perimeter Slope is regraded (filled) ~onsistent 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. E>Eeept fer eiFSYlatioR elemeRt Feaas,
Feaaways shall Rot gFOatly alter the physieal aRa •visYal eharaoter of a
hillsiae ey ereatiRg large Rotehes in rietge liRes or ey EtefiRiRg wiete, straight
aligAFReRts. Reae·.tJays sl:lall fellew tl:le Rat1:1ral eeRte1:1r ef tl:le lanEI ana ee
mea1:1lateet by s1:1ffieieRt eeFFRiRg, eenteYr graaiRg aRet laRaseaping, te
oFeate •vis1:1ally iRtoFOsting ana pleasing reaet· .. Jays.
K. Hillside Drainage.
1. Hillside drainage shall be consistent with the City's Hillside
Development Guidelines. te the ma>EiFRYFR e>EteRt feasible, maiRtain • all
Rat1:1ral EtraiRage l:)attems anet ee1:1rses. Roow,ater eolleotioR aRd draiRage
eispersal systems st:lall ee pro•vieeet fer all etv.telliRg YRits tt:lat ete not EtraiR
diFOotly eRte a pa>ved s1:1rfaee. If EtraiRage eenehes aFO FOEf 1:JiFOd on a
slope, tl:leir widtl:l sl:lall ee \'!arieet to a06eFRFRodato landseaping fer
aetditienal ·visYal seFOening.
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
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environmentally preferred 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 l:1e
FRaete:
1. Tl:le site !:las 1:1Rus1:1al geeteGRRieal er seil GeRditieRG that ReGessitate
eoFFeGti¥e wer« tl:lat FRay re~1:1ire sigRifieant aFRe1:1nts ef grading;
2. Tl=le site re~uires eK:tensi .. -e gmeing te aGGeRlrnedate a Cireulation
element reaa,.•.'Ely;
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 ~ult 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.
(4) Tl:le site is iFRpaoted sy ynus1:1al geeteel=lnieal or seils eendilions tl=lat
neGessitate eerreGti¥e werk er a eiF61:1latien elefflent readway.
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.
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C. If a modification is gFBnted proposed to allow grading in excess of ten thousand
cubic yards/acre of cut or fill, or a manufactured slope in excess of ~ forty
(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 Jf)rior to SJ'i>Jf>FO'tal of the Jf)rojest This
plan shall illustrate the mitigation measures and landscaping utilized to screen
the proposed grading. Thie Jf)laR shall also state the estiFRated soctc of the
proposed FRitigatien and landcsatf)ing for U=1e Jf)ertienc of tAe cite reeiuecting a
FRedifisatien to tAe de•,elepFRent and design standards. Prior te iccuanse ef a
grading peFFRit, tAe applisant &Aall detf)ocit, at a finansial institutien cuejest te
reg1:1lati0n ey tAo state or federal gevernFRent a sertifisate of deposit er letter of
sredit FRade out te tho City of Garlcead or cusA otAer cesurify ·1.misA is asseptaele
te the City. This desuFRent shall ee for at least a•,ise tAe estiFRated soct ef tAe
prepeced FRitigation and landcoaping. If the proposed FRitigatien and
landcsaping is net installed in a tiFRely FRanner, in asoordanse witA the appro·,ed
plane, tAe Planning Direster FRay autAerii!e tAe 1:1tilii!ati0n of tAese fl:lnds to de the
nooescaF)' reFRodial •NOrk. Any fl:lnds reFRaining after tAe GGFRJf)lotien of tAic work
shall ee returned te the applioant (Ord. 9826 § 2 (part), 1987)
D. Development on land designated for nonresidential development shall comply
with all requirements of this Chapter except Sections 21.95.120(DJ 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 tf::tirty forty (40)
feet in height shall provide both written and graphic exhibits to justify the
proposed grading to the satisfaction of the decisionmaking body. (Ord. 9826 §2
(part), 1987)
21.8&.080 e:XGLUSIONS
(a) Any projost tf:lat has reooi1,od a final disoretionary aptf)ro•,al, euilding poFFRit or
gFBding porFRit prior to •offosti1,i:e date of tAo ordinanso adopting this ohatf)tor SAall
ee eKoFRpt from the pro·,isions ef tAic sAatf)ter pFO¥idod tAat susA poFFRits er
appro•,als ha•,e net 0K13ired er are not otherwise revoked.
(b) Tho following areas FRUSt 90 fl:IHy identified, Bl:lt FRay 98 OKGll:lded froFR tAO
FOC:Jl:liroFRonts of this shatf)tor by tl:lo dosisionFRaking 19ody:
(2) Areas wl=tere sireulatien eleFRent roadways FRust be plased and no
foaciele alternati•,•e sonsistent wi-11=1 tl=lis ol=laJHer is B¥ailaele;
(3) Areas of topogFB13l=lio sl=tange less tl=tan fifteen feet in l=loight and less tl=lan
four tl=tousand seiYare feet in area, -i,•l=tish are not a part of tl=te surroynding
geneFalii!ed slope;
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(4) Sn:iall iselalea Fa¥iR0S whoFO lheFO is R8 subslaRlial 8\1i88R60 that the
f:)Fej0et will hat,t9 a sigRifieaRt e#eet 8R lho 0R¥iFORffl8Rt as aeteFn:iiROC:i by
tho f:)l&RRiRg GiF86t8F.
(b) '.MleFO ORY paFI ef this ehapteF eeRtliets with aRy etheF eity pelisy, eFEtinanoe er
slanaaFC:i, the n:iest FO&trietit.10 pelisy, eFC:iinaRee OF stanaaFC:i shall apply. (OFC:i.
0826 § 2 (paFI), 1087)
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A
B
Exhibit" A" •
Permitted Development Of
Downhill
Perimeter Slopes
1-+--12 '--+-1 -~------~---..-...
', .... FILL 6' .. ... ...
.. 6' ..... ' .....
CUT ' ..
Exhibit"B'~
Permitted Development Of
Uphill
Manufactured Slopes
A--
B---
6' ''.., FILL ... . ... __,__ _ ___.__
-l+-12'-+t
Exhibit"C"
Permitted Development Of
Uphill
Manufactured Slopes
c--
DECK
Exhibif'D''
Hillside Development with Maximum
30' Manufactured Slopes
Hillside Development with Proposed
40' Manufactured Slopes
E h•b"t''E" X I I .
EXHIBIT "F"
Slope Edge Building Setback
.. 7' : 1' diagonal plane measured from the edge of slope
to the building for a 12' setback )
/
/
/
/ f--..
/ -
/ 12'
,------
' I
I
I
I
I
I
I
I
ol
Ml
I
I
I
I
)
EXHIBIT "G"
Slope Edge Building Setback
.7' : 1' diagonal plane measured from the edge of slope
to the building for a 15' setback
I
/ I
/ I
/ ol
/ Ml ...
/ Ir) I
/ -I N / I
/ 15' I