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p Planning: (307)721-5207
C� City of Laramie Code Administration: (307)721-5271
Community Development Department Fax: (307) 721-5248
r IBM P.O. Box C Engineering: (307)721-5250
LARAMIE Laramie, WY 82073 Fax: (307) 721-5216
TTD: (307)721-5207
MEMORANDUM
Date: June 15, 2009
To: Planning Commission
From: Charles Bloom, AICP, Associate Planner
Peter Wysocki, AICP, Community Development Director
Subject: Unified Development Code—Planning Commission Public Review Draft: Outline for
Review of Changes Discussed at the June 8, 2006 Planning Commission Meeting.
Please retain your copy of the Unified Development Code (UDC) that you received for the June 8,
2009 Planning Commission Meeting. This memorandum's intent is to summarize the Planning
Commission's recommended changes to the Public Review Draft of the UDC as indicated during the
June 8 discussion.
After recommendation,the City Council will be presented a City Council Draft with no redlines and the
Planning Commission's recommended changes incorporated. The City Council will also receive a
summary of all the Planning Commission's amendments.
Amendments at the June 8. 2009 Meeting:
1. Residential Districts (AG, RR, LR, R1, R2, R2M and NB) height limit changed to 40'.
2. Remove references to roof pitch from Commercial and Residential Design Standards.
Amendment Topics and Recommended motions for June 15, 2009
1. LR District Accessory Building
This is a Scrivener's Error incorrectly identifying the LR accessory building setback.
Recommended Motion:
Move to amend the dimensional front standard setback for accessory buildings in the 1R district
from 15' to 451
.
2. 30-day final plat recording time limit
Presently an applicant has 30 days to record a final plat with the Albany County Clerk and
Recorder after City Council Approval. The recording process involves obtaining signatures of
all land owners and City Officials. Issues raised during the June 8t, public hearing were
related to appraisals that are required for financial securities. Staff notes that final plats are
not approved and signed by the City Council without first obtaining a financial security (except
in rare cases where applicants have no public improvements requiring security). Obtaining a
financial security may take upwards of 90-days; however,the security is required prior to the
start of the 30-day recordation period.
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June 15, 2009
Staff has not perceived a preference by the Planning Commission or Zoning Advisory
Committee to change this standard.
Recommended Motion:
None; Staff recommends no change.
3. Substantial Compliance of Final Plats 15.06.060.P.5.f.4.2 (pg. 66)
The section currently reads as follows:
"The layout and design of the proposed final plat is in substantial compliance with the
approved preliminary plat, including but not limited to number of lots or parcels, street and
block layout, and access;"
Concern was brought up regarding substantial compliance and the following phrase "number
of lots or parcels." The amendment below is intended to clarify that lot flexibility is allowed.
The 10% value was chosen because 10% is a threshold set in the Alternative Equivalent
Compliance section.
Recommended Motion:
Move to amend Section 15.06.060.P.5.f.4.2 to read as follows: "The layout and design of the
proposed final plot is in substantial compliance with the approved preliminary plat, including but
not limited to including but not limited to number of lots or parcels, street and block layout, and
access (for the purposes of this subsection, a final plat may be considered in substantial compliance
if the number of lots increases or decreases by 10%);"
4. Slope and Ridgeline Development
Changes to the Steep Slope (I 5.14.020.C) and Ridgeline Protection (I 5.14.020.D) sections are
to encourage PUD rezoning for development in these areas. A PUD allows balancing denser
development in some areas with open-space preservation in other parts of the same tract—a
situation ideal for protecting steep slopes and ridgelines while not sacrificing overall
development potential elsewhere on the tract. In addition, staff has recommended several
motions generally "cleaning up"aspects of 15.14.
Changes are outlined in the subsections below.
a. General Cleanup of Section 15.14.020
Presently 15.14.020.E reads as follows: "These development standards apply to
all development types in the areas identified in Figure 15.14.020-1, entitled
"Slope Reference Map." We recommend the following motion to reference the
other criteria listed in the chapter.
Recommended Motion
Move to amend Section 15.14.020.B. Applicability to read as follows: 'These
development standards apply to all development types in the areas identified according to
criteria specified in subsections C through F."
• Page 2
June 15, 2009
Presently 15.14.020.0 is titled "Steep Slope and Ridgeline Development." Staff
recommends renaming of the section for clarity.
Recommended Motion
Move to amend the title of Section 15.4.020.C. to read as follows: "Steep Slope
Development."
b. PUD Encouragement
The following motions reinforce the encouragement of PUDs in sensitive slope and
ridgeline areas. The following motions reflect changes to 15.06 (Review Procedures)
and 15.08 (Zone Districts) that will allow flexibility in the minimum size for PUDs. This
will allow a PUD for a sensitive area to be reduced to 2 acres (Note:the Downtown
Commercial District and Infill exceptions are in the current draft, and would not change
under the new language).
Recommended Motion:
Move to amend Section 15.08.040.C.2.o Minimum Acreage to read as follows: 'The
minimum acreage for a planned unit development site is fifteen (15) acres, except that for
properties entirely or partly located within certain specified areas, it may be reduced to
two (2) acres if the planning commission determines that a smaller site size will encourage
development in conformance with the comprehensive plan. Properties eligible for minimum
PUD size reduction to two (2) acres shall be located in the following specified areas:
(h) The Downtown Commercial District;
(ii) Areas identified on the Slope Reference Map (Figure 15.14.020-7) or on the
Ridgeline Protection Map Figure 15.14.020-2);
(ii) .Infill development areas."
Additional Chonaes:
The two motions below clarify what "existing topography or rock outcroppings" mean in the
,purpose statements for 15.06 and 15.08.
Recommended Motion #1:
Move to amend Section 15.08.040.C.1.d.to read as follows: "Provide for the
preservation of historic or natural features where they are shown to be in the public
k/ interest, including but not limited to such features as: steep slopes, ridgelines, existing
topography or rock outcroppings, drainageways, flood plains, unique areas of
ap vegetation, and historic landmarks or structures"
,•
Re commended Motion ##2:
p Move to amend Section 15.06.060.C.1.d to read as follows: "Provide for the
p� preservation of historic or natural features where they are shown to be in the public
rr interest, inducting but not limited to such features as: steep slopes, ridgelines, existing
V topography or rock outcroppings, drainageways, flood plains, unique areas of
egetation, and historic landmarks or structures';
0 Page 3
June 15, 2009
c. Slope
These changes are recommended to encourage PUD zoning in sensitive slope areas
allowing flexible setbacks and clustering of lots.
Recommended Motion:
Move to add section 15.14.020.C.2.d which reads as follows: "Applicants wishing to
develop property on which the Steep Slope Development criteria apply are specifically
encouraged to apply for Planned Unit Development (PUD) zoning status. For PUD
proposals, the applicant's Slope Classification Map may be submitted, reviewed, and
approved as part of the preliminary PUD plan."
Recommended Motion:
Move to add section 15.14.020.C.3.e which reads as follows: "All development plans and
final plats for property including slopes greater than thirty (30) percent shall identify"no-
build"areas) on each lot that exclude development on such slopes, except as provided in
subsections (5) and (6)."
d. Ridgelines
This change is recommended to encourage PUD zoning in sensitive ridgeline areas
allowing flexible setbacks and clustering of lots.
Recommended Motion:
Move to add section 15.14.020.D.4 which reads as follows: "Applicants wishing to
develop property on which the Ridgeline Protection criteria apply are specifically
encouraged to apply for Planned Unit Development (PUD) zoning status. For PUD
proposals, the applicant's Ridgeline Identification Map may be submitted, reviewed, and
approved as part of the preliminary PUD plan,"and to renumber remainder subsections 3,
4, 5, 6, 7, 8 and 9 accordingly.
e. Fences
A minor changes is also suggested to the fence requirements in the Ridgeline Setback
Zone (15.14. 020.1)(7). The June 8 draft proposed fence height be restricted to 4 feet
near the ridgeline. As suggested during public comment on June 8, a 6-foot maximum
fence height seems more in keeping with provisions elsewhere in town, and serves the
same practical purposes for rear yards (e.g., security,dog restraint, etc.) The real issue
with ridgeline fences would seem to be visibility,not height.To achieve this end,
another suggested change limits fences to no more than 25 percent opacity; i.e.,75
percent see-through.
Recommended Motion:
Move to amend section 15.14.020.D7 to allow fences to be no taller than 6' and require
a maximum of 25 percent opaqueness in design, construction and maintenance.
e Page 4
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Hume City Council
GUIDELINES FOR
DEVELOPMENT OF
SCENIC HILLTOPS MAJOR
RIDGELINES POLICY
ADOPTED: MARCH 1991
AMENDED: APRIL 1995
2.
1. INTRODUCTION:
Undeveloped hillsides and ridgelines provide valuable scenic qualities which can
be destroyed through haphazard development. The scenic qualities in no small
way contribute to the rural or 'country style' character which is associated with
the Hume City Council. The hillsides form an important visual backdrop for the
urbanised areas and contribute substantially to the unique visual character of
Hume City Council. The scenic qualities deserve some protection as they are
valuable resource. For this reason there is merit in considering the introduction of
various restrictions influencing the development of areas generally with steep
slopes. Some basic controls have been inserted into the Planning Scheme,
however, as a supplement to those controls and as assistance to persons wishing
to develop land contained within designated scenic hillside and ridgeline areas a
set of development guidelines have been formulated. The guidelines will be used
by Council in the exercising of discretion for development applications.
2. STATEMENT OF INTENT:
There are hills and ridgelines within the municipality which because of their
physical presence in the landscape constitute significant natural topographical
features and comprise an important part of the natural open space and scenic
resources of the community. The retention of these features in as near a natural
state as is feasible - consistent with the rights granted by law to owners to
develop their properties -is important to the community's aesthetic qualities and
will preserve a desirable visual identity of the municipality.
It is desirable to require in these areas an alternative approach to traditional and
conventional flat land practices of residential developments, to keep excavations
and cut and fill works consistent with the retention of the natural character of the
hillside and ridgeline areas, and to preserve the predominant views both from and
of these areas.
The Responsible Authority recognises that each property has its own unique
characteristics including topography, tree cover and visual impact. The
requirements in this section are intended to provide flexibility in the consideration
of the development of individual properties as indicated by their uniqueness rather
than to provide a fixed set of strict standards applicable in the same manner to all
properties. In this way each parcel can be developed to it's full potential
consistent with the land use constraints as imposed by this section and other parts
of the Planning Scheme.
3. DEFINITIONS:
Scenic Hillside means elevated land formations with unique visual character.
Major Ridgeline means the crest of a range of hills or mountains which is
l} predominantly visible from a substantial land area in or around the City of
Hume or around the City of Hume from vehicular corridors.
�p (Minor Ridgeline: a ridgeline which is not prominently visible to a large area.
t Minor ridgelines are typically lower, compared to the surrounding terrain, and
may be visible only to a limited area, or have a backdrop of a nearby higher
terrain).
3
4. APPLICATION INFORMATION:
Information that may be required to be submitted in support of an application for
development within a scenic hillside or ridgeline area includes:-
• preliminary excavation plans indicating existing and proposed levels and
retaining walls on plan to a scale of 1 500 or 1:200 and contour intervals not
greater than 0.5m.;
• site plan showing the outline of proposed and existing structures, access roads,
parking, utilities;
• conceptual landscape plans;
• location of existing trees and significant vegetation;
I
• elevations or proposed buildings(including materials of construction and
colours) and works.
5. DEVELOPMENT GUIDELINES:
• buildings should be clustered in areas which are accessible to emergency
vehicles and which are least prominent from the outlying valleys;
• located outbuildings, garages etc., should be located as close to the house as
possible with adequate space for associated landscaping. Dispersed
development has a greater visual impact than grouped development.
• no development is permitted within 30m (measured vertically) of the centreline
of a ridgeline or top of a hillside;
• sitting should be responsible to existing features of the terrain(ie drainage
patterns, rock outcroppings and views from outlying areas);
• on site natural systems(hydrologic systems, vegetation cover, wildlife and
existing topography) should be minimally disturbed;
• architectural style of buildings should be adapted to hillside slopes rather than
adapting land forms to buildings designed for flat land development;
• natural slopes and topography should be reasonable retained so that the visual
impact of excavation can be minimised;
• cut slopes should be screened and optimally occur behind the building;
• where hilltop development cannot be avoided, mounding or berming around
developed areas is encouraged so as to provide a natural screening;
• new roads and driveways should be developed in such a way as to be
minimally visible, environmentally sound and compatible with the existing
contours of the hillside;
4
• steep slopes should be landscaped with appropriate erosion control planting
and stabilisation techniques;
• native vegetation should be preserved (including grassy open spaces) and
native planting's are recommended so that the presence of hillside vegetation
and forms will be maintained;
• landscaping should be used to appropriately screen hillside development.
Landscaping should be clustered around the immediate vicinity of the buildings
and preferably not in rows along property lines or driveways. (Boundary and
road edge tree planting conflicts with topography and native vegetation);
• building height and scale should respond to existing terrain. One storey and
split level buildings are considered most appropriate in ridgeline areas;
• visible roof line materials and colour(earth tones) should be used to blend into
the environment and should be coordinated with building design. Reflective
windows and materials are not appropriate;
• roof forms should be steeped or pitched to re-iterate the contoured form of the
hill with the most dominant roof form over the most significant part of the
building;
• designs should aim to reduce or minimise bulkiness set against the hillside
terrain;
• where a plateau (escarpment) exists all structure shall have a setback of at least
30m from the edge of the escarpment;
• topsoil excavated for house construction, drive layout should be stored and re-
used on site;
• all services should be undergrounded to avoid additional lines in the landscape
and to encourage focusing of attention to the natural environment;
• unsewered lots that are located near sites of significance and gullies must
ensure that waste water and sullage does not contaminate these areas through
seepage and direct disposal.
6. SUBDIVISION:
the minimum lot size shall not be less than prescribed by the applicable zone,
however the required lot areas may be increased when the Responsible
Authority believes that it is necessary to do so in order to assure that there will
be a suitable site for an approved development. A subdivision should be
designed so that a building envelope can be provided at a site at least 30m
(measured vertically)below the centreline of the ridgeline.
.EPGRT :YPE: :orkS & P:aMir$ Committee MINUTE PAGE:
REPORT ?AGE: '8 MEEIING DATE: <th March, 1991 .
HOUSE SITING AND DESIGN
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REPORT PAGE: L 9 MEETING DATE: ath March, 1991 .
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Development Code 2000 Town of Apple Valley
CHAPTER 9.56 SPECIFIC PLAN DISTRICTS
SECTIONS:
9.56.010 Purpose,General Plan Consistency and Applicability................................................... ...................1
9.56.020 Map Designation................................................................................................................................2
9.56.030 Permitted Uses....................... ....................................... .............:.....................................................2
9.56.040 Specific Plan Requirements...............................................................................................................3
9.56.050 Minimum Standards..........................................................................................................................4
9.56.060 Hillside Areas....................................................................................................................................4
9.56.010 PURPOSE, GENERAL PLAN CONSISTENCY AND APPLICABILITY
A. Purpose and General Plan Consistency. The purpose of this Chapter is to implement the goals,
objectives and policies of the General Plan with respect to areas of the Town which, because of
their unique natural characteristics, natural landforms, environmental constraints, lack of
infrastructure or public facilities, remoteness or other constraints, require comprehensive planning
in order to permit urban density residential, commercial and/or industrial development. The
vehicle to be used in developing these areas is the specific plan.
Specific plans are intended to provide for development which is superior to that which can be
achieved through the strict application of conventional land use and development criteria by
allowing greater design flexibility and planning. Greater design flexibility within a comprehensive
planning framework includes allows for clustering of units,mixing of uses and building types,and
use of special development standards and criteria which respond to the particular features of a site.
This flexibility can be used to achieve the maximum building density for a given site while
preserving open space and unique natural features which could otherwise reduce the allowable
building potential of a particular area. These natural features contribute to Apple Valley's
uniqueness and should be enhanced. Greater flexibility can also mean more efficient infirastructure
designs through clustered development which can decrease the cost per unit for development
projects.
A Applicability
1. General Plan Community Reserve Land Use Designation. The Community Reserve
land use designation encourages the development of high-quality, mixed-use or large
scale developments through the processing and approval of a specific plan. It is intended
for the north Apple Valley area which is generally significantly lacking in infrastructure,
utilities and public services and where there are also environmental constraints such as
seismic,drainage issues, unique landfiorms and potential endangered species habitats.
Additionally, the Community Reserve land use designation recognizes the need to provide
necessary master planning and the need to allow these areas to develop with an emphasis
on market demands. The flexibility built into the implementation of this designation
provides for greater efficiency which in turn should be used to preserve the open space
which defines the Town's desert environment.
2. other Areas. Specific plans are also required for certain areas of the Town which,
because of their unique natural characteristics, natural landforins, environmental
constraints, lack of infrastructure or public facilities, remoteness or other constraints,
require comprehensive evaluation in order to permit residential, commercial and/or
industrial development.
In addition, specific plans may be prepared for any area in the Town where different or
more comprehensive land use planning or regulations are desired or necessary to achieve
more integrated site planning or more varied and economical housing choices with a
higher degree of amenities.
Adopted October 24, 2000 Chapter 9.56 Specific Plan Districts
1
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Development Code 2000 Town of Apple Valley
9.56.020 MAP DESIGNATION
Areas within an approved specific plan shall be designated on the General Plan Map and the official Zoning
Map as Specific Plan(SP).
9.56.030 PERMITTED USES
Specific plan areas may include a variety of uses subject to the parameters listed below.
A. ResidentiaL A variety of housing types and lot sizes are encouraged in a specific plan; however,
new development shall not compromise the open character of the desert environment.
Development densities for the entire residential and open space portions of the specific plan area
are subject to the limitations and criteria stipulated below. Therefore, smaller lots may be
permitted where correspondingly larger amounts of open space are provided. The development
density may be an average over the entire residential and open space areas, but In no case shall
density transfers allow a density in excess of twenty-four(24) dwelling units per net acre for any
portion of the specific plan.
1. Density Calculations for Residential Developments
a. Areas of a specific plan that cannot be applied when determining residential
density:
1) Concrete-lined drainage channels, enclosed retention basins, or overhead
electrical transmission corridors in which improved parks, trails or other
improved recreational facilities are not provided;
2) Commercial,office and industrial uses;
3) Certain public uses as follows: schools, water tanks, fire, police or
administrative facilities and equipment yards, except to the extent that
these have been constructed and dedicated by the developer without
further cost to the public agency.
b. Areas of a specific plan that may be applied to the determination of residential
density calculations:
1) Drainage ways which preserve their natural state or which are designed
to appear as natural desert drainage courses. Exposed concrete
channels may not be credited for the determination of residential
densities;
2) Public parks, recreational facilities, and trail systems; including
community meeting areas,equestrian centers and athletic fields;
3) Golf courses;
4) School playing fields applicable to public open space calculations to the
extent that these facilities have been constructed and dedicated by the
developer without further cost to the public agency;
5) Active and passive open space that is available and accessible to the
persons residing within the specific plan boundaries, except that only
ten (10) percent of the knolls, significant rock outcroppings, or
mountain landforms with slopes of fifteen (15) percent or greater shall
be credited for the determination of residential densities.
Chapter 9.56 Specific Plan Districts Adopted October 24,2000
2
Development Code 2000 Town of Apple Valley
B. Commercial and Industrial
1. General Commercial. General commercial uses shall be designated in planned centers
which may be allowed at the intersections of major roads as shown on the Streets and
Roads Plan of the General Plan.
1. Office Office professional uses may be allowed along major roads as shown on the
Streets and Roads Plan of the General Plan.
3. Industrial, Industrial uses may be allowed in close proximity to the airport and the 1-15
Freeway.
9.56.040 SPECIFIC PLAN REQUIREMENTS
Specific plans shall include the components listed below.
A. Policy Discussion. Specific plans shall include a policy discussion containing the goals and
objectives of the specific plan relating to the Town's goals,objectives and policies as stated in the
General Plan and adopted Town resolutions and policies. This policy discussion should include
the following as they apply to the specific plan:
/. The provision of open space and community amenities such as golf, tennis, swimming,
equestrian or other recreational facilities as well as passive open space areas;
2. Sites for public facilities such as schools, parks, civic centers, public works or safety
facilities and/or preservation of historic sites or structures;
3. Buffering for adjacent land uses;
4. A dark sky policy to preserve the view of starry nights;
n 5. The preservation of rock outcroppings;
oS 6. The preservation of ridgelines in their natural state;
7. The provision of destination/recreation and professionally oriented land uses;
8. To the extent feasible, community development proposed by a specific plan shall provide
for a balance of housing and employment opportunities;
9. The integration of the project into the Town-wide recreational trails system;
10. The creation of focal points by siting commercial and business park uses in planned
centers relating to surrounding residential areas;and
11. The attainment of Town affordable housing goals.
R Land Use Plan. Specific plans shall include a land use plan which designates the proposed
general distribution and general location and extent of the uses of the land for housing, business,
industry, open space (including agriculture) natural resources, recreation, the enjoyment of scenic
beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and
other categories of public and private uses of land. The land use plan shall include a statement of
the standards of population density and building intensity recommended for the various districts
and other territory covered by the plan. Additional text and graphics shall be provided as
necessary to describe the proposed development.
C. Circulation Plan. Specific plans shall include a circulation plan which provides for adequate
access to and from the various land uses and integrates the project circulation system into the
eventual area-wide system.
Adopted October 24,2000 Chapter 9.56 Spee ffic Plan Districts
3
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Development Code 2000 Town of Apple Valley
D. Infrastructure and Services Plan Specific plans shall include an infrastructure and services plan
for the installation of infrastructure and provision of services considering the project in a regional
context and describing the scope and sizing of capital improvements, the level of public services,
and phasing plans, and the funding mechanisms proposed for construction and maintenance,
consistent with the infrastructure and services plan.
E. Landscape Concept Specific plans shall include a landscape concept theme providing a
consistent planting theme and establishing a community identity for the project area.
F. Special Edge Treatments. Specific plans shall include special edge treatments along major roads
and as buffers between residential uses of various intensities and nonresidential uses.
G. Development Phasing Plan. Specific plans shall include a development phasing plan.
H. Administration Seedam Specific plans shall include an administration section which shall guide
the implementation of the specific plan.
9.56.050 MINIMUM STANDARDS
Specific plans shall contain all provisions required by State law and shall provide for development which
exceeds the minimum standards and quality of development that would be permitted under the zoning
district classification that would otherwise apply. This applies to the type, intensity and density, siting,
construction,and design.
At a minimum, the following topics shall be addressed within the text and graphics submitted with the
specific plan application:
A. Design 7&eme. A design theme shall be established which is compatible with surrounding
planned or existing developments, variations are encouraged to provide visual interest.
B. Natural Features. Natural features such as mature vegetation, natural landforms, drainage
courses, rock outcroppings, and views shall be used as design elements. A discussion of view
corridors and opportunities is required in the specific plan.
C. Sign Program. A sign program for the entire specific plan area is required. The sign package
shall consider sign placement,scale, readability,colors,and conformity to applicable regulations.
9.56.060 HILLSIDE AREAS
Hillsides areas are subject to the standards and criteria as specified in Section 9.71.060, Hillside
Subdivisions,of this Code.
Chapter 9.56 Specific Plan Districts Adopted October 24,2000
4
Planning Division Staff(415) 435-7390
www.ci.tiburon.ca.us
PRECISE DEVELOPMENT PLAN
[NOTE: PORTIONS BELOW ARE EXCERPTED FROM THE TIBURON
MUNICIPAL CODE, TITLE IV, CHAPTER 16 (ZONING)]
16-4.8 - PRECISE DEVELOPMENT PLAN.
16-4.8.1. Purpose.
A Precise Development Plan is required in all RPD and RMP zones prior to
subdivision, grading, or the making of improvements of any kind.
The purposes of the Precise Development Plan are:
a. To provide for review by the Town a detailed development proposal for a
site, in both written and graphic form, establishing the specifics normally
associated with a residential zone, including but not limited to, setbacks or
building envelopes, coverage limits, and height limits.
b. To demonstrate consistency of a development proposal with the goals and
policies of the Town's adopted General Plan Elements.
C. To preserve and conserve critically limited open space for the protection of
the ecology and the environment, and to safeguard against the adverse
impacts of fire, noise, water pollution, the destruction of scenic beauty and
hazards related to geology, fire and flood, while at the same time providing
a reasonable use of the land.
16-4.8.2. Contents. [Submittal Requirements]
The Precise Development Plan shall be prepared and endorsed by qualified
professionals, including an urban planner, licensed architect or registered building
designer, a land surveyor or registered civil engineer, and registered landscape
architect. It shall encompass all contiguous parcels under the same ownership and
shall include the following:
(a) MAPS:
(1) A topographic map of the property prepared by a registered civil engineer
Precise Development Plan Submittal Requirements TOWN OF TlBURON JUNE 2006 1
or licensed lai,_ surveyor, with metes and bounds descriptions, which
depicts in accurate detail the topography, existing buildings, land features
(including areas subject to flooding or ponding), and pertinent features of
adjacent properties that may affect or be affected by the project. Scale
shall be one inch equals 50 feet for properties of four acres or more, with a
contour interval of no more than five feet; and one inch equals 20 feet for
properties less than four acres, with a contour interval of no more than 2
feet.
(2) A site plan map, at the same scale as the topographic map, showing in
detail the design and location of proposed lots, building envelopes,
proposed and existing structures, and all functional use areas such as
roads, trails, paths, walkways, parks, common areas, rights-of-way, public
and private open spaces, parking, planting, recreation, and so forth. The
plan shall also depict the relationship of proposed buildings and structures
to these functional areas and with existing and/or projected uses of
adjacent property to a distance of 300 feet from the subject property lines.
The site plan map shall include a matrix, in tabular form, providing for each
lot the proposed lot area; front, side, and rear setbacks (or their ranges for
non-rectilinear building envelopes); area of the building envelope, proposed
maximum height of structures, average percent of slope, and principal view
direction.
(3) A preliminary grading plan map, at the same scale as the topographic
map, depicting at a minimum:
(A) existing contours;
(B) proposed finished contours;
(C) all 'but' areas, depicted by shading or other clear means, with a
cubic yard estimate for each cut area;
(D) all "fill' areas, depicted by shading or other clear means, with a cubic
yard estimate for each fill area;
(E) all areas where both cut and fill are proposed;
(F) an estimate of the total amount of cut and fill for the project, a
statement as to whether cut and fill will be balanced, and an
implementation program describing how surplus earth will be
removed from the site or how added fill will be imported to the site.
The number of truck loads necessary to accomplish this program
should be estimated;
(G) at least three section drawings representative of the proposal, at the
same scale as the grading plan.
(H) the location .and height of all retaining walls or similar features
necessary to accommodate the proposed grading scheme.
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 2
A
(4) A slope map reflecting existing conditions and a slope map reflecting
proposed finished conditions. Slope maps shall be at the same scale as
the topographic map, depicting by shading or other clear means, areas of
slope less than 20%, areas of slope between 20% and 30%, areas of slope
between 30% and 40%, and areas of slope greater than 40%. The acreage
of each slope category shall be estimated.
(5) A Resource Conservation Map showing the location of any of the
following features on-site and describing how they will be preserved:
(A) springs, streams, watercourses, drainageways, ponds, or other water
areas;
(B) rare or endangered plant or animal species (survey may be required);
(C) rare or endangered animal habitat areas (survey may be required);
(D) areas of riparian vegetation;
(E) archeological or paleontological resources (survey may be required);
(F) rock outcroppings;
(G) existing trails;
(H) existing trees with trunks greater than 20 inches in circumference at a
point two (2) feet above ground level;
(1) knolls, ridges, or other places on-site from which view corridors or vistas
are available;
(J) other noteworthy or unusual site characteristics.
The contents of the Resource Conservation Map may be combined with that
of the Prime Open Space Map required under paragraph (d)(1) below.
(6) A preliminary erosion and siltation control plan map.
(7) A preliminary landscape plan map showing proposed treatment of
common areas, roadway berms, entrances to the project, types of ground
cover, types and heights of trees (at maturity), walls, irrigation, and details
for walkways, paving, and fencing.
(8) Preliminary project elevations or perspective drawings.
(b) TEXT:
(1) A general written description of the project and its site.
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 3
(2) A transportatiL.. analysis addressing circulation patterns (pedestrian, 4
vehicular, and emergency), public and private; and estimating traffic
generation as it may affect public streets within and adjacent to the
proposed development. Consistency with General Plan Circulation Element
policies shall be demonstrated.
(3) The number and type of dwelling units and a tabulation of the total land
area and per cent thereof designated for various uses. This shall include a
matrix, in tabular form, providing for all lots the proposed lot area; front,
side, and rear setbacks (or their ranges for non-rectilinear building
envelopes); area of the building envelope and its percent of the lot area;
proposed maximum height limit of structures; percent of slope of the lot,
and principal view direction from each lot.
(4) An analysis of all public, quasi-public, recreational and educational facilities
both on-site and off-site, existing and proposed, in terms of the adequacy
thereof to meet the project needs.
(5) A statement of the provisions for ultimate ownership and maintenance of all
areas included within the project, including streets, structures, landscaping,
drainageways and open space areas.
(6) A proposal describing how the Town's Inclusionary Housing Requirements
(Subchapter 6 of the Zoning Ordinance) will be addressed.
(7) Floor areas and proposed uses of non-residential buildings, if any.
(8) A description (with graphics) of provisions for storm drainage, sewage,
paving, fencing and public utilities.
(9) An acoustical analysis, prepared by a properly registered firm or consultant,
with analysis based upon the Town's standards and guidelines as set forth
in the Noise Element of the General Plan.
(10) A preliminary title report for all involved properties. The beneficiary
property, identified by Assessor Parcel Number, shall be given for each
easement burdening and/or benefiting the subject property. Copies of
relevant documents referenced in the title report shall be submitted. A
separate sheet plan shall be provided indicating all proposed and existing
easements, their dimensions and purposes clearly labeled.
(11) Engineering studies in sufficient detail to indicate adequacy of soils, flood
control, storm drainage, sewage disposal, and public utilities. Such studies
shall include in-depth geologic and soils investigations and shall fully and
clearly present all pertinent data. Such studies shall also clearly
demonstrate the feasibility of the project as proposed.
(12) A statement indicating the stages of construction, or phasing, for the entire
development and a statement from applicable public utilities that service is
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 4
r
available.
(13) A draft of proposed deed restrictions, CC&Rs if any, and provision for
circulation ways, view easements, maintenance of common or private areas
and improvements, and preservation of open spaces. Any areas or
improvements proposed for dedication to the Town shall be identified.
(14) A statement describing the proposed materials and colors for the
development, its "theme" (if any), and an explanation of how the proposal
will be compatible with surrounding land uses.
(15) A list of all other agencies from which a permit must be obtained, specifying
the type of permit where known.
(16) A statement describing whether the development involves diking, filling,
dredging or placing structures in open waters, wetlands, or riparian
corridors. If yes, then describe the specific nature of the proposal in this
regard and note whether an Army Corps of Engineers permit and/or a Bay
Conservation and Development Commission permit has been or will be
applied for.
C. PHOTO MONTAGES of the site as seen from critical vantage points, with
accurate depictions of the proposed project superimposed, as well as one
or more story poles or equivalent references as necessary to verify heights.
d. SUCH OTHER INFORMATION AS THE PLANNING DIRECTOR MAY
REASONABLY REQUIRE. THIS INCLUDES BUT IS NOT LIMITED TO
THE FOLLOWING:
(1) A prime open space map and accompanying written analysis of
environmental constraints shall be submitted. The map shall accurately
depict all site features that are described on pp. 3-4 through 3-20
(attached) of the Open Space & Conservation Element of Tiburon 2020
as comprising "prime open space." The listed features include ridgelines
(including the Tiburon Ridge and any Significant Ridgelines); water and
shoreline areas; wetlands; streams and riparian corridors; flood-prone
areas; wildlife and wildlife habitat; steep slopes; views; and trees and
woodlands. If such features are not found on the site, a notation to that
effect shall be indicated on the map. In identifying the prime open space
characteristics of a property, the map shall include:
(A)Lines depicting a 50 foot vertical and a 150 foot horizontal setback
from the Tiburon Ridge (if applicable).
(B) Lines showing a 75 foot horizontal setback from any Significant
Ridgeline(s).
(C)AII portions of the property where a slope in excess of 40% is present.
(D)Any areas on the site where slopes created by grading would be
expected to exceed 30%.
(E)All areas located within the 100-year flood hazard zone as shown on
the current Flood Rate Insurance Map(s) published by FEMA.
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 5
(F)All areas -.- the site comprising jurisdictional wetlands or other o
jurisdictional waters. If any such wetlands are present, a recent
"wetlands delineation" approved by the Army Corps of Engineers shall
be submitted with the map.
(G)A line or lines showing the location of the Bay Conservation &
Development Commission (BCDC) 100-foot shoreline band
jurisdiction (if applicable).
(H)AII permanent water bodies on the property.
(1) All perennial, intermittent and ephemeral streams on the property. On
properties greater than five acres in area, lines showing 100-foot
setbacks from the "top of bank" of such streams shall be drawn on the
map. On properties less than five acres in area, lines showing 50-foot
setbacks from the "top of bank" of such streams shall be drawn on the
map.
(J) Vistas, viewpoints, and view corridors on the property.
(K)All areas containing significant habitat for special-status species.
(L) All areas containing sensitive plant species.
(M)AII significant trees (trunk circumference exceeds 20 inches at 24"
above the ground surface), tree stands, and tree clusters shall be
shown.
(N)Public and private open spaces on adjoining properties.
The text shall provide a written description and assessment of environmental
constraints and Prime Open Space characteristics found on the property.
The assessment shall be prepared by a qualified professional.
(2) If the property contains landslides, debris flow areas, or other areas of
instability or weak soils, or if the property or proposed improvements may
be affected by any such off-site features, then three (3) copies of the
following shall be submitted:
(A)A geotechnical report and associated mapping that analyzes the
entire property. The report shall include a map (approximately 24" X
36") showing proposed lot lines, building envelopes, roadways and
driveways and other proposed improvements superimposed over the
geotechnical mapping. The report shall also address off-site geologic
features that could impact the subject property or any proposed
project improvements.
(B)A separate landslide repair plan (map and text) describing how each
landslide or other feature of instability will be repaired in accordance
with the Town's Landslide Mitigation Policy (attached). The landslide
repair plan shall also show lot lines, building envelopes, roadways and
other proposed improvements and shall describe and depict the total
t\ p estimated extent of grading or other disturbance on the property in
order to implement the project. It shall estimate cuts, fills, and any
import or export of earth (for the subdivision improvements, landslide
repairs and/or stabilization, and eventual building construction); and
shall show the height, location, and type of retaining wall or other
landslide mitigation feature proposed in association with the project.
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 6
3. A preliminary story pole and staking plan showing the location of story
poles and stakes representing major project elements in the field. Story
poles representing the structures proposed as part of the project will be
required to be erected upon commencement of the environmental review
process in order to assist with the evaluation of visual impacts and to
facilitate meaningful field evaluation. Staking of proposed building
envelopes and roadway alignments will also be required. Staff will assist
you with defining the layout for actual installation once the application has
been deemed "complete".
4. A preliminary drainage study and plan, with calculations, depicting
drainage facilities for the project designed to accommodate a 100-year
storm. On-site detention of stormwater runoff shall be utilized to ensure
that post-development peak flow rates from the site resulting from both
the two-year and 100-year design rainstorms are not increased by the
project. Calculations shall very the adequacy of drainage design
capacities.
5. A hydraulic and geomorphic assessment shall be submitted analyzing
on-site and downstream drainageways that are affected by project area
runoff. Characteristics pertinent to channel stability would include bank
erosion, excessive bed scour or sediment deposition, bed slope
adjustments, lateral channel migration or bifurcation, and the condition of
riparian vegetation. In the event existing channel instabilities were noted,
you may either propose a channel stabilization program, or defer to the
mitigations generated during the Town's environmental review. Any
proposed stabilization measures shall anticipate any project-related
changes to the drainageway flow regime.
The relevancy of some of the above requirements will necessarily depend upon the
nature and extent of the particular property and project being proposed. Upon
written request, the Planning Director shall advise the applicant of those
requirements which may not be required to constitute a "complete" application.
16-4.8.3. Precise Development Plan Procedure.
Applications for Precise Development Plan shall be reviewed by the Planning
Commission, which after holding at least one public hearing, shall forward its
recommendation by Resolution to the Town Council. The Town Council shall
consider the recommendation of the Planning Commission, and after holding at
least one public hearing, shall take final action on the application. Final action shall
be by Resolution of the Council. Approval of a Precise Development Plan is a
legislative action by the Town, and as such shall not be effective until 30 days after
adoption of the Resolution by the Council.
16-4.8.4. Principles.
Principles to be applied in making a determination to approve, disapprove or modify
an application for Precise Development Plan approval are as follows:
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 7
(a) Significant open space shall be preserved, through dedication or other
means acceptable to the Town, consistent with policies of the Open Space
and Conservation Element of the Tiburon General Plan.
(b) Preservation of the natural features of the land shall be achieved to the
maximum extent feasible through minimization of grading and sensitive site
design. Features worthy of preservation include ridgelines, prominent
1e1 knolls, desirable native vegetation, trees, significant rock outcroppings,
water courses, and riparian corridors.
U' � !2 (c) Slopes created by grading should not exceed 30 percent. Final contours
v and slopes should reflect natural land features.
(d) Every reasonable effort shall be made to preserve view corridors, mature
trees, rare plants, significant native flora and fauna, areas of historical
significance, access corridors, and habitats of endangered species.
(e) Location of development well below ridgelines shall be achieved, in
accordance with General Plan and other policies.
(f) Prominence of development and construction should be minimized by
appropriate location of grading and placing of buildings so that they are
screened by wooded areas, rock outcroppings and depressions in
topography or other features.
(g) Due consideration shall be given to avoidance of areas posing geologic
hazards.
(h) Minimization of significant adverse impacts, as detailed in the
Environmental Impact Report, if one is required.
(i) Roads shall be designed for minimum slopes, grading, cut-backs and fill.
Narrowing of roadways may be allowed to reduce grading, retaining walls,
and other scarring of the land.
Q) Proposed arrangement of residential units and design of circulation system
shall provide harmonious transition from and be compatible with,
neighboring development and open space. Monotony in design shall be
avoided.
(k) Adequate consideration shall be given to the need for privacy and with
minimum visual and aural intrusion into indoor and outdoor living areas from
other living areas.
(1) Improvements shall be placed so as to minimize intrusion of noise on
nearby areas.
(m) Landscaping shall be designed so as to result in the least possible
disturbance of natural and/or open areas and shall be compatible with the
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 8
j
natural setting. Consideration shall be given fire protection, water
conservation, protection of views and trail areas, and buffering of noise.
(n) Utilities shall be underground and street lights, if needed, shall be of low
intensity and low in profile.
(o) Materials and colors used in improvements shall blend into the natural
environment to the extent reasonably possible.
(p) Consistency with other goals and policies of the General Plan Elements
shall be demonstrated.
16-4.8.5. Expiration of Precise Development Plan.
Any Precise Development Plan approval shall expire and become null and void
unless one of the following happens within 36 months after its effective date:
(a) A Tentative Subdivision Map is approved consistent with the
approved Precise Development Plan; or
(b) If no subdivision map is necessary, subsequent zoning or building
permits, have been issued pursuant to the approved Precise
Development Plan.
(c) An extension has been granted. A request for extension must be
filed prior to the expiration date and shall be accompanied by a filing
fee to be established by resolution of the Council. The permit holder
shall submit sufficient information to the Town to determine whether
good cause for an extension exists. Consideration of the extension
shall be in accordance with Section 16-4.8.7 pertaining to
amendments.
Upon expiration of a Precise Development Plan, the zoning for the site shall revert
to that which existed prior to the Precise Development Plan approval, or if such
zoning designation no longer exists, to its nearest equivalent as determined by the
Council.
16-4.8.6. Denial, Conditional Approval of Plan.
If from the facts presented, the Council is unable to make the findings to approve a
Precise Development Plan, the application shall be denied. In taking action, the
Council may deny the Precise Development Plan as submitted, or may approve
said plan subject to specified amendments or conditions.
16-4.8.7. Amendment.
Amendments to an adopted Precise Development Plan shall be processed using
the same procedure as described in Section 16-4.8.3 pertaining to original adoption
except that in cases where the Planning Commission votes to deny an application
for Precise Plan Amendment, then the action of the Commission shall be final, and
,Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 9
no action of the Counc.. shall be required. Decisions of the Planning Commission t
may be appealed as provided in Section 16-3.8.
16-4.8.8. Moratorium.
The period of time specified for the expiration of the Precise Development Plan shall
not include any period of time during which a development moratorium, imposed
after the approval of the Precise Development Plan, is in existence, provided,
however, the length of the moratorium does not exceed five years.
Once a moratorium is terminated, the Precise Development Plan shall be valid for
the same period of time as was left to run on the approval at the time that the
moratorium was imposed. However, if the remaining time is less than 120 days, the
approval shall be valid for 120 days following the termination of the moratorium.
16-4.8.9. Exemption From Requirements of Precise Development Plan.
The Director may waive the requirements of a Precise Development Plan, or
various parts thereof, where the requirements are, in whole or in part, deemed
inappropriate or inapplicable. Any such waiver shall be confirmed by the Planning
Commission.
Refusal of the Director to waive the requirements of the Precise Development Plan
or various provisions thereof, upon written request by an applicant, may be
appealed to the Planning Commission by the applicant.
Precise Development Plan Submittal Requirements TOWN OF TIBURON JUNE 2006 10
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PEE
CITY CLERI{SEOFFICE
PALM DESERT, CA
PROOF OF PUBLICATION This is space for Count p� qk�ng Stamp, 12: 4 3
(2015.5.C.C.P) 00
STATE OF CALIFORNIA
County of Riverside
1 am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen ----------------------------
years,and not a party to or interested in the
above�ntitled matter.I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, _
printed and published in the city of Palm Springs, Noos57
County of Riverside,and which newspaper has been CITY OF PALM DESERT
adjudged a newspaper of general circulation b the LEGAL NOTICE
1 gg Y CASE NO.ZOA 10-41
Superior Court of the County of Riverside,State of NOTICE IS HEREBY GIVEN that a public California under the date of March 24, 1988.Case - hearng wis be held before the Pelm Da Public
ning commission la consider Sider an amendment to
Number 191236;that the notice,of which the Resiaeotilalzc,c)rewt Ofg 25.15
.15 tll(Hillside flannel
annexed is a printed copy(set in type not smaller oPment of(on?) rock°,?,toppings.•
than non parcel,has been published in each regular SAID ublk hearing wIN be held on Tuesday
and entire issue of said newspaper and not in any March f 2010,at 600pp.m.a the nT esda
Y bar at the Palm Desert Civic Canter,73ia,Council Fred supplement thereof on the following dates,to wit: Waring Drive, Palm Desan, Centom7 al which
aitttend and are all interested persons are inviled to
in be 11"' written comments concern-
March Srh,2010 shall all
acde covered
by
the Public
hearing notice
Information concerningg be hearing.
"'----'—"--'—""•—"-•'—""•"—"••----- i an or negative nt of rati the Proposed Project
in the Depanment o1 On IS available for review l
the above address be the fioDe of f3:0val mp m at
antlg eS:Op p,m.Monde Ihroug Y
All in the year 2010 I�mltetllho raisPoseoenl Mohs in aun,You be"
one else raisetl el Mg issues you or some-
this no tire,or in w iteo cons hearing described in
I certify(or declare)under penalty of perjury that the public neaarinq�g Commission e1 nd prior'to ache
foregoing is true and correct.
Palm Desert Planet aian Secretary
Dated at Palm Springs,California this---5`",--day w,r,.r,,,,.��10 Planning O1"mission
of------- March -------------------,2010
e
CITY 01 P n I M OESERI
73-510 FAED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6L L
FAX: 760 341-7o98
info@palm-desea.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: March 17, 2010
City of Palm Desert
Re: ZOA 10-41
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of March 16, 2010:
THE PLANNING COMMISSION ADOPTED PLANNING COMMISSION
RESOLUTION NO. 2523 RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF AN AMENDMENT TO CHAPTER 25.15 HILLSIDE
PLANNED RESIDENTIAL AS IT RELATES TO DEFINITIONS /
DEVELOPMENT OF "ROCK CROPPINGS." THE MOTION CARRIED 3-2
(COMMISSIONERS CAMPBELL AND DELUNA VOTED NO).
THE PLANNING COMMISSION, BY MINUTE MOTION, AUTHORIZED
CHAIRPERSON LIMONT TO CONVEY TO THE CITY COUNCIL A
REQUEST FOR ASURVEY BY A LICENSED PROFESSIONAL ENGINEER
TO IDENTIFY RIDGELINES IN THE HPR ZONED AREA. THE MOTION
CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
AM
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
C?"xnow noaEo.mx
PLANNING COMMISSION RESOLUTION NO. 2523
IN COMMISSION A RESOLUTION OF THE PLANNING CO SSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.15
HILLSIDE PLANNED RESIDENTIAL (HPR) AS THEY RELATE TO
DEFINITIONS / DEVELOPMENT OF "ROCK OUTCROPPINGS.
CASE NO. ZOA 10-41
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of March, 2010, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.15 as described above;
and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 06-78, in that the Director of Community Development has determined that
the subject property was previously studied during the Hillside Planned Residential Zone
update dated April 12"', 2007, resulting in the filing of a Negative Declaration of
Environmental impact. The proposed amendment is within the scope of the previously filed
Negative Declaration and will not have an adverse affect on the environment and no
further documentation is required; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify its
recommendation as described below:
1. That the Zoning Ordinance amendment is consistent with the adopted
General Plan and affected specific plans.
2. That the Zoning Ordinance amendment would better serve the public
health, safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the Commission in this case.
2. That the Planning Commission does hereby recommend to the City
Council approval of a Zoning Ordinance text amendment as provided in
the attached Exhibit "A" to amend Municipal Code Chapter 25.15.
PLANNING COMMISSION RESOLUTION NO. 2523
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of March, 2010, by the following vote, to
wit:
AYES: SCHMIDT, TANNER, LIMONT
NOES: CAMPBELL, DELUNA
ABSENT: NONE
ABSTAIN: NONE
. CONOR LIMONT, Chairperson
ATTEST:
�'LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2523
EXHIBIT "A"
Chapter 25.15 Hillside Planned Residential Zone
That Section 25.15 be and the same is hereby amended to read as follows:
25.15.015 Definitions.
Hillside Ridge. A ridgeline that is formed by the juncture of two or more sloping
planes that project outward from a mountain range and descend towards the valley floor
more particularly identified on the exhibit labeled Hillside Planned Residential Zone
Ridges, on file in the office of the city clerk. (Ord. 1136 Exhibit B, 2007)
Rock Outcropping. A rock outcropping is a rock formation that is a part of
an underlying layer of rock, that projects above the surface of the surrounding
ground.
25.15.030 F Development Standards.
F. Development on or across ridges or rock outcroppings is prohibited.
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Consideration for approval of a recommendation to the City Council of
an amendment to the Hillside Planned Residential (HPR) Zone relating
to definitions/development of "rock outcroppings," and amendments to
the HPR Zone Approved Ridgeline Map.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
APPLICANT: City of Palm Desert
CASE NO: ZOA 10-41
DATE: March 16, 2010
CONTENTS: Draft Resolution
Copy of Legal Notice
Plans & Exhibits
Recommendation
That the Planning Commission adopt the findings and Resolution
No. , approving a recommendation to the City Council of
amendments to the Hillside Planned Residential (HPR) Zone relating to
definitions/development of "rock outcroppings," and amendments to the
approved HPR Zone Ridgeline Map.
Executive Summary
Approval of staff's recommendation would codify a definition of the "rock outcropping"
and prohibit development on or across any "rock outcropping" within the HPR zone.
Staff's recommendation also clarifies several inaccurate depictions on the approved
HPR Ridgeline Map, as shown on the attached exhibits.
Background
At its January 19, 2010, meeting the Planning Commission directed staff to prepare a
zoning ordinance amendment to the HPR. zone that would further define outcroppings.
Commissioners expressed an interest in treating outcroppings the same as ridgelines,
and gave several examples of cities that have outcroppings defined in their ordinances.
The current HPR zone purpose section (PDMC 25.15.010) speaks to not disturbing
natural landmarks or features, and working with natural contours of the land. Although
Planning Commission ; Report
ZOA 10-41
March 16, 2010
Page 2 of 4
staff interprets and uses this language to mean outcroppings or any other significant
rock formations, there is no current definition of a rock outcropping or specific reference
to it within the HPR zone development standards.
Discussion
Staff has reviewed many examples of how cities have incorporated language that
further defines outcroppings above and beyond what the current Palm Desert ordinance
defines. Staff and the City Attorney have discussed this issue and believe that a few
minor modifications to the current ordinance will accomplish the Planning Commission's
goals.
Proposed Amendments
Definitions, PDMC 25.15.015 (to be added):
Rock Outcropping: A rock outcropping is a rock formation that is a part of an underlying
layer of rock that projects above the surface of the surrounding ground.
Development Standards, PDMC 25.15.030 F:
Development on or across ridges or rock outcroppings is prohibited.
Revisions to the Approved HPR Ridgeline Map:
Staff has discussed with the Planning Commission the challenges of mapping ridgelines
as they approach the valley floor. Staff has taken this opportunity to review areas where
inconsistencies exist, and as a result has prepared a proposed amendment to the
approved Ridgeline Map (see map below). Many of the inconsistencies are the result of
identifying a series of rock outcroppings, and then connecting lines between them
forming apparent ridgelines.
Staff is aware of several areas of concern that span multiple properties/owners. Based
on discussions with the Planning Commission, staff believes that a City-initiated revision
to the Ridgeline Map would be the best approach to resolving the inconsistencies.
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Planning Commission f Report
ZOA 10-41
March 16, 2010
Page 4 of 4
Conclusion
It is staffs belief that the proposed changes further strengthen the language found in the
HPR zone relating to "rock outcroppings," and the proposed revisions of the Ridgeline
Map give better definition to actual ridgelines. Staff recommends that the Planning
Commission approve the recommendation of approval for ZOA 10-41 to the City
Council.
Environmental Review
The project as proposed complies with the requirements of the "City of Palm Desert
Procedure for Implementation of the California Environmental Quality Act", Resolution No.
06-78, in that the Director of Community Development has determined that the subject
property was previously studied during the Hillside Planned Residential zone update dated
April 12, 2007, resulting in the filing of a Negative Declaration of Environmental Impact.
The proposed amendment is within the scope of the previously filed Negative Declaration,
and will not have an adverse affect on the environment. No further documentation is
required.
Submitte By: Department Head.-
Ryan Stendell Lauri Aylaian s
Senior Management Analyst Director of Community Development
C:\Do mcntsand ScitingsVu mtaV. lSmngs\Tcmpoa intcme File\ContcntOWook\GARCH QI OA-1041 PC-RPTdoc
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.15
HILLSIDE PLANNED RESIDENTIAL (HPR) AS THEY RELATE TO
DEFINITIONS / DEVELOPMENT OF "ROCK OUTCROPPINGS, AND
AMENDMENTS TO THE APPROVED HPR ZONE RIDGELINE MAP.
CASE NO. ZOA 10-41
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of March, 2010, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.15 as described above;
and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 06-78, in that the Director of Community Development has determined that
the subject property was previously studied during the Hillside Planned Residential Zone
update dated April 12"', 2007, resulting in the filing of a Negative Declaration of
Environmental impact. The proposed amendment is within the scope of the previously filed
Negative Declaration and will not have an adverse affect on the environment and no
further documentation is required; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify its
recommendation as described below:
1. That the Zoning Ordinance amendment is consistent with the adopted
General Plan and affected specific plans.
2. That the Zoning Ordinance amendment would better serve the public
health, safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the Commission in this case.
2. That the Planning Commission does hereby recommend to the City
Council approval of a Zoning Ordinance text amendment as provided in
the attached Exhibit "A" to amend Municipal Code Chapter 25.15.
3. That the Planning Commission does hereby recommend to the City
Council approval of amendment to the approved Hillside Planned
Residential Zone Ridgeline Map as provided in the attached Exhibit "B."
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of March, 2010, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
M. CONOR LIMONT, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Chapter 25.15 Hillside Planned Residential Zone
That Section 25.15 be and the same is hereby amended to read as follows:
25.15.015 Definitions.
Hillside Ridge. A ridgeline that is formed by the juncture of two or more sloping
planes that project outward from a mountain range and descend towards the valley floor
more particularly identified on the exhibit labeled Hillside Planned Residential Zone
Ridges, on file in the office of the city clerk. (Ord. 1136 Exhibit B, 2007)
Rock Outcropping. A rock outcropping is a rock formation that is a part of
an underlying layer of rock, that projects above the surface of the surrounding
ground.
25.15.030 F Development Standards.
F. Development on or across ridges or rock outcroppings is prohibited.
3
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PROOF OF PUBLICATION This is space for Count @J�IfjfT^,Namp,_ 12. 43
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside -
1 am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen ----------------------
years,and not a party to or interested in the
above-entitled matter. 1 am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs, No 0957
County of Riverside,and which newspaper has been CITY tOFPAEGAL M DESERT
adjudged a newspaper of general circulation by the CASE No.zop 10.41
Superior Court of the County of Riverside,State of HOPCE i9 HERESY California under the date of March 24,1988.Case hearing will be held before thevPglm Des6 Plan.
Number 191236;that the II of which the �Coo�m;^en�"� side,
.. 5 ame^dmanI to
e' R neal Loire relal ntper 25.15 SHiasWe Planned
annexed Is a printed copy(set in type not smaller opment m(on!,)rock outcrop ofi tons and devet,
than non parcel,has been published in each regular Salo dlhlic heads wsl be hale on Taeada ,
oi
and entire issue of said newspaper and not in an March 16,2010,at e•�op�m�m ma Connrircham
y bar at the Palm Des¢^Ghdc Center u cil Fred
supplement thereof on the following dates,to wit: bme aE dv�e,aPli In apesa0. enter.
at Fred
hich
angina and De hash. Wdttenarsorl8 are Invited to
," ing all items covered by this comments concern
March 5 ,2010 anall be acceplea ua to tha a t e eadr the lo notice
Informaaan mrlcamirq tM1e Pro act
1,thee nagadve declare Ion la averiolaablef r review
the above adddress W O0f1mun�y p
--_-- —�_--_—_— and 5:00 m.Mondae m a"9tha hors offog: a mt
Is the proposed agiohs in courtY If yuu chat-
All,in the year 2010 to e�eadiatorasedd at me IdO�iblic'��a y01 J
do
toil P rinln wdaen a" or,
Is dofrvl erey
I certify(or declare)under penalty of perjury that the publichesring.g Commiesron et, or pdor to, thel
foregoing is true and correct. vvll
Palm Desed Plpnnlnalcommiissiion
Dated at Palm Springs,California this—5'",—day _Paws .d;arytg - g
i
04-------- March ------,2010
e
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16. 2010
e
them that she is an honest person and she doesn't perform that
kind of service for anybody.
Chair Limont thanked him. She asked if anyone else would like to speak
in FAVOR of or in OPPOSITION to the proposed revocation. There was
no one. The public hearing was closed and Chair Limont asked for
Commission comments.
Commissioner DeLuna noted that there was a two-year summary of
activities list from the Police Department. One resulted in an arrest for
prostitution. On two other occasions there were solicitations for sex; on
two different occasions there were daily logs that were not brought up to
speed. So there had been five different violations. She said that it was a
hard decision to make, but she would move for revocation of the CUP.
Action:
It was moved by Commissioner DeLuna, seconded by Commissioner
Campbell, approving the findings and recommendation as presented by
staff to revoke CUP 08-108. Motion carried 5-0.
It was moved by Commissioner DeLuna, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 2522, revoking
CUP 08-108. Motion carried 5-0.
C. Case No. ZOA 10-41 — CITY OF PALM DESERT, Applicant
Request for approval of a recommendation to the City
Council of an amendment to the Hillside Planned Residential
(HPR) zone relating to definitions / development of "rock
outcroppings," and amendments to the HPR Zone Approved
Ridgeline Map.
Sr. Management Analyst Ryan Stendell reviewed the staff report and
recommended that the Planning Commission approve the resolution
recommending approval of the Zoning Ordinance Amendment to the City
Council.
Commissioner DeLuna noted that a map was provided with some
proposed changes, some of which no longer include certain areas from
the ridgeline or outcropping definition. She asked who prepared that map
and if there was a study, engineers hired, or if it was done by City staff.
Mr. Stendell said that he and the GIS Department made the determination.
It was mostly visual. He simply scouted the area and used topography
data that they have available to the City. He could run through a few of his
6
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16. 2010
tools. He showed the topography map and a hill shade file; he explained
that the GIS Department prepares this and this was created using
topography data and using a monochrome computer generation to
actually create contours and shows us in plan view what is going on in the
hillsides. So utilizing all of the data that is available to staff, it was
prepared by staff. For the record, Commissioner DeLuna requested that
Mr. Stendell identify the term GIS. Mr. Stendell clarified that it stands for
Geographic Information Systems, the map guys.
On these rock outcroppings, with all the developers they have had on the
hillsides and also individual land owners, Commissioner Campbell asked
how many of them have really touched these outcroppings. Didn't they
kind of stay away from them and leave them as they are or restore it to
their own original condition? Mr. Stendell said his personal experience
with the hillside has been any number of developers approach things in
different ways, but his experiences have generally been that they work
with the contour of the land and typically try and avoid them. In his most
recent case, not only was it a cost savings to them since taking down an
outcropping costs a lot of money, but it also adds beauty to their project.
Typically speaking, a developer tries to work with the contours and not
disturb as much as possible, but that has been his dealings so far.
Commissioner Campbell asked if he would say 75% or 80% are not
touched by the developers. Mr. Stendell said he was uncomfortable
actually trying to throw out a number. In his most recent case, they had a
number of 80% to 90% that were not being touched.
Commissioner Tanner had a question. When they were talking about the
outcroppings and disturbing an outcropping, before any kind of
disturbance occurs, they will come to staff and say they have identified
this as an outcropping and can they reestablish it someplace else on the
property and if not, they would work around it. Was that the sequence of
events? Mr. Stendell said yes, staff is the first line. They encourage pre-
application meetings. If a property owner came to them and said they
have this five acres and was thinking about putting a house there, the first
thing staff does most of the time is they want to get a field study, so they
get up on the site and take a look. They get a look of their maps and plans
and then staff will approach them and say it is on top of an outcropping or
on a ridge, so ultimately staff is the first line. Commissioner Tanner said if
it is identified as an outcropping and can't be moved, then they will have to
redo. Mr. Stendell said that many times there are applications that come
before staff that Planning Commission would never see because if a
property owner was proposing something like that, they would get an
answer that staff would recommend denial of their project, and at that
point they would either redesign or proceed with staff's recommendation.
Commissioner Tanner asked if this would be consistent with the whole
7
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
ridgeline or five-acre mountainous parcels. They see a small area right
now that Mr. Stendell has identified with some areas that should be
ridgelines. He asked if that would be consistent with the entire area for
potential builders. Mr. Stendell also recalled that they've had a lot of
lengthy discussions regarding where it is difficult to define ridgelines
versus outcroppings, especially as they get low on the hillsides close to
the valley floor. He said that is the area that probably has the biggest
challenge to staff, the lowest area right at the base. They do have other
areas that are low, but generally speaking, the part that is city-owned
property or were very steep coming down. He showed one of the lowest,
easiest slope areas that staff had been the most concerned about.
Commissioner Campbell asked if Mr. Stendell was just dealing with city-
owned hillside property. He didn't have anything to say about the county-
owned land. There was nothing he could say about that; he was just
talking about the small area that the city owns. Mr. Stendell said that the
County sometimes allowed the City to share comments on projects, but
the City has no jurisdiction over that area, just the land in the city.
Commissioner Schmidt asked what percentage on the map that Mr.
Stendell provided in their packets is ridgeline issue in the city. Is it most of
it or just a portion? Mr. Stendell said most of it. Commissioner Schmidt
asked since it is gray matter, if it is difficult to define them? The others are
more obvious? Mr. Stendell explained that they are brought to staff on a
case-by-case basis. Looking at the hillside map, this was the area that
they've been concerned with the most. To say that they wouldn't ever find
any more? Generally speaking, he couldn't find any other problem areas
on the hillside map.
Commissioner Schmidt was very much in favor of adding language about
rock outcroppings, but she had a deep concern about them approving staff
guesswork, good guesswork, but this had not been engineered. She
asked if that was correct. Mr. Stendell concurred. Commissioner Schmidt
thought that perhaps this was a standalone issue and shouldn't be tagged
onto the outcropping issue. She didn't know quite how to come to that, but
really did wish the City would take this particular problem area, and maybe
that would be the recommendation to Council, to approve a survey, a real
bona fide survey of those questionable areas so they don't encounter what
they did with Stone Eagle. Because the very first problem they
encountered was about ridgelines and that was nice, except it didn't
address the real transgression on the property, which was one home or
six. So she wanted to mention it as a concern. She wanted the
outcroppings to appear, but she didn't like setting staff up even though
they've taken great pains to draw the lines, and she would love to have
some authority who has the background and licensing to do it to bless it
8
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
and say this is right, this is wrong. We need to do more work and she
didn't know how best to get to that.
Commissioner Campbell recommended that they actually separate the
two. Commissioner Schmidt asked if that would be two separate
resolutions. Commissioner Campbell concurred, for the ridge and for the
outcroppings. So they could go ahead and see how much time they would
need. Chairperson Limont asked if it would be alright to simply add the
verbal changes to the hillside ordinance without the map. Mr. Erin said
certainly; so far as the outcroppings were concerned, they are entitled to
recommend the changes to the ordinance, and adding the outcroppings
and the prohibition on the outcroppings and excluding from that the map
and dealing with the map separately if they wished to do so.
Commissioner Schmidt asked if amending the resolution would require it
coming back to them again. Mr. Erin said no. Commissioner Schmidt
indicated they would be dropping the part in the resolution that deals with
the map, which she believed was Exhibit B. Mr. Erin said they still have
the public hearing. Mr. Stendell said they would be deleting number three
relating to Exhibit B and the reference in the title to.the ridgeline map.
Commissioner Schmidt thought they were all heading in the same
direction. She just didn't want them to hurry and have it come back to
haunt them. That was her main objective. She asked Mr. Erin to explain
how they could do this. Mr. Erin said that basically they would eliminate
that part of the resolution dealing with the map. In other words, not
recommending it and deleting the Hillside Planned Residential Zone as it
relates to the map.
Commissioner Schmidt said she would so move. Chair Limont asked if
that was her motion. Mr. Erin indicated that they needed to open the
public hearing.
Chair Limont opened the public hearing and asked if anyone wished to
P 9 Y
speak in FAVOR of or in OPPOSITION to the public hearing. There was
no response and Chair Limont closed the public hearing.
Mr. Erin explained that the resolution would be amended by deleting off
of the title and amendments to the approved HPR zone ridgeline map. The
case number would stay the same. And deleting number three at the
bottom of the page, and deleting the map that is attached. Commissioner
Campbell asked if they would then have another resolution for the
outcroppings. Was that correct? Mr. Erin said this would be the
resolution for the outcroppings. Commissioner Schmidt reiterated that
what they were doing was separating them. Mr. Erin said that's what
9
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PALM DESERT PLANNING COMMISSION MARCH 16. 2010
they would be approving, the resolution which defines outcroppings and
indicates that destruction of the outcropping is prohibited. What he stated
deletes from that resolution any reference to the ridgeline map. Chair
Limont asked if there was a motion.
Action:
It was moved by Commissioner Schmidt, seconded by Commissioner
Tanner, approving the findings. The motion carried 4-1 (Commissioner
Campbell voted no).
Mr. Erwin stated that the other item that they mentioned was the potential
survey. He asked if they would want to convey to the Council a suggestion
with regard to the ridgeline map. If they wished to do that, it would be a
matter of merely the Chairman of the Commission, if that was the wish of
the Commission, conveying that information to the City Council.
Chairperson Limont asked if they should do that as a Miscellaneous item
or as part of this. Mr. Erwin said this. Basically that has been the
discussion so far. He suggested a motion and second and a vote
requesting the Chairperson to convey that information to the Council.
It was moved by Commissioner Tanner, seconded by Commissioner
Schmidt, by minute motion, authorizing Chairperson Limont to convey to
the City Council a request for a survey by a licensed professional engineer
to identify ridgelines in the HPR zoned area.
Commissioner Schmidt stated that she did not want to discount the work
that Mr. Stendell and staff have done on this and encouraged them to
have that as a starting point. Mr. Erwin said that could be included in the
conveyance. Chairperson Limont called for the vote. The motion carried 5-
0.
(**See additional discussion on pages 18-19, items 1 and 3**)
D. Case No. ZOA 10-69 — CITY OF PALM DESERT, Applicant
Request for a recommendation to the City Council to
approve a Zoning Ordinance Amendment adding Chapter
25.130, Location of Miscellaneous Uses, to the Palm Desert
Municipal Code.
Assistant Planner Kevin Swartz reviewed the staff report. He noted a
change on Page 4 of the resolution under E, Miscellaneous Uses, where it
listed thrift stores. The words "thrift stores" should be replaced with
"independent massage establishments." Staff recommended that the
10
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PALM DESERT PLANNING COMMISSION MARCH 16. 2010
25.130, Location of Miscellaneous Uses, to the Palm Desert Municipal
Code, as amended by changing the words "thrift stores" to "independent
massage establishments" in E of Section 25.130.020 Definitions and
adding the words "excluding cigarettes" to G of Section 25.130.020.
Motion carried 3-2 (Commissioners Campbell and Tanner voted no).
IX. MISCELLANEOUS
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell reported that the next meeting would be
March 17.
B. LANDSCAPE COMMITTEE
Chairperson Limont also reported that the next meeting would be
March 17.
C. PARKS & RECREATION
Commissioner Tanner stated that they had a presentation by the
City Attorney regarding the Brown Act and reviewed upcoming
events and discussion items.
D. PROJECT AREA 4 COMMITTEE
Commissioner Schmidt said they met last Monday and primarily it
was updating and the City Attorney spoke about the Brown Act and
the need for everyone to adhere to it. The next meeting would be in
a month.
XI. COMMENTS
1 . Commissioner DeLuna said she apparently missed something
when they were discussing the definition of rock outcroppings and
that part of the motion that got bifurcated. She had something that
she wanted to include in the definition and missed the opportunity
because she didn't realize what the process that was occurring
would exclude any further discussion on the section of the rock
outcropping. She didn't know the proper forum to address that. Mr.
18
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J PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Erwin said unfortunately, the public hearing on that issue was
closed here and an action had been taken. If there was something
that she wished to add, he suggested that she convey it in written
form to the City Council, which is where the Planning Commission
resolution would go so that she got that input into the process
there. Commissioner DeLuna asked if she should do that as a
private citizen. Mr. Erwin said yes.
Commissioner Tanner asked if Mr. Erin wanted that put on the
agenda as a Miscellaneous item. Mr. Erin said no, that will go
when this particular resolution goes to the City Council. It would be
joined with that and the Council will see that at the same time they
get the Planning Commission resolution recommendation, so it
goes together. Commissioner DeLuna asked if it should be in letter
form to the City Council. Mr. Erin thought that would be better. Mr.
Erin said she should make sure either Ms. Aylaian or Ms. Monroe
has it to go with the staff report.
2. Ms. Aylaian had a reminder about the Housing Tour on Thursday.
The flyer said 10:00 a.m., but she had been advised to be there at
9:45 a.m. and the bus would leave at 10:00 a.m. She asked them
to be here a little early. She also gave a reminder about the Joint
City Council and Planning Commission meeting on Wednesday at
4:00 p.m. Also, at this point they planned to have the next Planning
Commission meeting on April 6, but staff didn't have any items
scheduled for a second meeting in April.
Commissioner DeLuna asked if there would be a packet provided in
advance of the Joint City Council and Planning Commission
hearing. Ms. Aylaian said yes, the staff report was being completed
and staff planned to deliver them on Friday afternoon.
amn)lb- 3. Before adjourning, Mr. Erin indicated that staff advised that the
Planning Commission had not yet moved for approval of Resolution
2523, which is the one dealing with outcroppings. He said they did
need a motion, second and vote. Mr. Erin explained that they
approved the findings, but they didn't make the second motion.
It was moved by Commissioner Schmidt, seconded by
Commissioner Tanner, adopting Planning Commission Resolution
No. 2523, recommending to City Council approval of ZOA 10-41,
amending the Hillside Planned Residential (HPR) zone relating to
definitions /development of "rock outcroppings." The motion carried
3-2 (Commissioners Campbell and DeLuna voted no).
19
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{ PALM DESERT PLANINI14G COMMISSION FEBRUARY 16 2010
2000, only two out of the five applicants that applied were approved. And
the last comment from both the Planning Commission and City Council
was this was not compatible in single-family zones, which typically is
identified as the R-1 non-gated communities because some of the gated
communities, although they are still single family, they tend to be
secondary homes and this is also where they have higher end
condominiums that are used as rentals even by the HOA. For example,
The Fails came to mind. The HOA actually has the Resort Management
Company lease these properties for them. So the thought process was
dealing with R-1 because they are kind of treated differently.
Commissioner Schmidt noted that they should be careful with the
language because they might be restricting their intent and not covering
the rest of the city; that was her point. So when they said gated
communities, she thought of one segment. They were talking R-1, which is
a whole other one. In some of the R-1 areas, those are public streets, so
she didn't know that that would work. She agreed that they must be
careful.
Chairperson Limont asked if it would be proper to ask staff to work in
conjunction with counsel before the rough draft comes back. Mr. Erwin
said certainly. Chairperson Limont said if they needed to have a study
period, they would, and they could ask questions and try to get this
straightened out.
Action:
None.
un , C. Informational report regarding recommended changes to the
Hillside Planned Residential (HPR) Zone Ordinance.
Mr. Stendell explained that at the January 19 meeting they had a lengthy
discussion about the Hillside Planned Residential zone. As Ms. Aylaian
discussed earlier, staff would be back with a proposed draft at the next
meeting. A few minor changes would be made which staff believed would
accomplish the goal as expressed by the Planning Commission at their
last meeting. Staff would also propose taking this opportunity through the
Zoning Ordinance Amendment to clean up any identified mistakes by staff,
primarily in the ridgeline map, which they had already identified in a few
areas that there are some known mistakes out there. So staff would take a
stab at them and would clean up some of that at the same time. He said
staff would be back at the next meeting for the review by the Planning
Commission. He asked if there were any questions.
11
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PALM DESERT PLANgy4G COMMISSION FEBRUARY 16 2010
Commissioner Schmidt asked if Mr. Stendell was thinking about adding
rock outcroppings in definitions, putting more prominence to it. Mr.
Stendell said absolutely. A definition of outcropping and terms would be
added. Staff would come back with a simple version as was discussed at
the last Planning Commission meeting. As far as correcting the ridgeline,
Commissioner Schmidt asked if the misplacements would be dealt with.
Mr. Stendell said staff would like to. From a staff perspective, they have a
city-initiated Zoning Ordinance Amendment and this would be an
appropriate time to take a look at anything within the Hillside Planned
Residential zone that needs to be looked at. Commissioner Schmidt noted
that as Ms. Aylaian said, most of them are very definitely ridgelines and
now with a definition of outcroppings, not necessarily being a ridgeline but
having its own designation, she thought staff probably should take the first
crack at revising whatever that map is, but if they need it surveyed, was it
possible to have questionable ones done? Mr. Stendell said he has looked
at a couple of remaining parcels that are at the very bottom, which seem
to be where the inconsistencies occur. If it got to a point where staff was
uncomfortable, it was very nice working with a professional engineer on
the previous case because they had not only staff's opinion, but the
opinion of a registered engineer. So if they ever get to a point where staff
thinks it is needed, but he thought they had a good enough idea to take a
stab at it. The nice thing about our ordinance is that it is ever changing
and if something was found later, they could always revisit it at that time.
There were certain instances out there where there is a ridgeline drawn on
top of a dirt road. So there are some very obvious ones out there.
Commissioner Schmidt noted that a road can be along a ridgeline. She
knew of several.
Commissioner DeLuna stated that she went through the internet and
pulled off about five different cities throughout the country or throughout
the west coast, some as close as Apple Valley, some as far as Laramie
Wyoming, but they deal specifically and have ordinances that deal with
rock outcroppings and ridgelines and some of the terminology might help,
so she would give that information to the Planning Department staff
tonight to just refer to it to help. Mr. Stendell thanked her.
Action:
Receive and file.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell provided an update.
12
CITY OF PALM DESERT
DEVELOPMENT SERVICES
PLANNING COMMISSION STAFF REPORT
REQUEST: INFORMATIONAL REPORT REGARDING RECOMMENDED
CHANGES TO THE HILLSIDE PLANNED RESIDENTIAL (HPR)
ZONE ORDINANCE.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: February 16, 2010
CONTENTS: Hillside standards from various jurisdictions
Background
At its January 19, 2010, meeting the Planning Commission directed staff to prepare a
zoning ordinance amendment to the HPR zone that would further define outcroppings.
Commissioners expressed an interest in treating outcroppings the same as ridgelines,
and gave several examples of cities that have outcroppings defined in their ordinances.
The current HPR zone purpose section (PDMC 25.15.010) speaks to not disturbing
natural landmarks or features, and working with natural contours of the land. Although
staff interprets and uses this language to mean outcroppings or any other significant
rock formations, there is no current definition of a rock outcropping or specific reference
to it within the HPR zone development standards.
Discussion
Staff has reviewed many examples of how cities have incorporated language that
further defines outcroppings above and beyond what the Palm Desert current ordinance
defines. Staff and the City Attorney have discussed this issue and believe that several
minor modifications to the current ordinance will accomplish the Planning Commission's
goals. Staff is preparing to return to the Planning Commission at their first meeting in
March with the formal revision to the HPR Zone. Until or unless the municipal code is
revised by the City Council, staff will continue to use the existing language of the HPR
zone to protect significant outcroppings in proposed hillside developments.
Submitted By: Department Head:
Ryan Stendell Lauri Aylaian
Senior Management Analyst Director of Community Development
Brea Hillside Zoning Ordinance
October 19, 2004
Prepared for:
City of Brea
Planning Division, Development Services Department
1 Civic Center Circle
Brea, CA 92821
Prepared by:
TRG Land, Inc.
898 Production Place
Newport Beach, CA 92663
Cotton/Bridges/Associates
800 E. Colorado Blvd, Ste. 270
Pasadena, CA 91101
Table of Contents
Page
20.206.010 Purpose and Intent.................................................................................................1
20.206.020 Applicability and Permit Requirements...................................................................2
20.206.022 Exemptions from Hillside Development Permit......................................................2
20.206.024 Hillside Development Permit Approving Authority..................................................2
20.206.026 Voluntary Pre-Application Review Process............................................................3
20.206.028 Review Procedure and Cost Recovery..................................................................4
20.206.040 Land Use Regulations............................................................................................5
20.206.050 Application Filing Requirements.............................................................................7
20.206.060 Allowable Density Calculation Procedures...........................................................13
20.206.070 Subdivision Standards..........................................................................................15
20.206.080 Ridgeline Preservation .........................................................................................15
20.206.090 Open Space..........................................................................................................17
20.206.100 Grading.................................................................................................................20
20.206.110 Edges....................................................................................................................24
20.206.120 Retaining Walls.....................................................................................................25
20.206.130 Water Quality and Stormwater Runoff Control.....................................................27
20.206.140 Street Requirements and Design.........................................................................29
20.206.150 Architectural Standards........................................................................................31
20.206.160 Landscape Standards...........................................................................................35
20.206.170 Development Standards- Detached Dwellings....................................................43
20.206.180 Development Standards—Attached Dwellings....................................................45
20.206.190 Custom Lot Design and Development Standards................................................48
20.206.200 Accessory Structures............................................................................................50
20.206.210 Other Regulations.................................................................................................50
20.00.070 Definitions.............................................................................................................51
Appendix: Plant Pallette
20.206.010 Purpose and Intent
A. This Chapter is established to achieve the City's objective to facilitate and permit the
orderly development of property within the hillside areas through a set of hillside
development standards aimed at protecting the public health, safety and welfare;
protecting and preserving natural and biological resources for the long-term benefit of the
Brea community and the broader community; recognizing the inherent value in the
properties subject to this Chapter; allowing size, type, location, density, and intensity of
development based on available infrastructure, the geographic steepness of terrain,
presence of unique geographic conditions and constraints, and presence of
environmentally sensitive areas; and optimizing the use of sensitive site design, grading,
landscape architecture, and architecture, all to achieve the City's objectives.
B. The Hillside Residential (HR)zoning district and the regulations contained in this Chapter
are intended to provide development that is consistent with and serves to implement the
goals and policies of the Brea General Plan for properties designated Hillside Residential.
Specific regulations and standards address the following City objectives:
1. To establish a Hillside Development Application process that requires property
owners to select suitable development sites on their real property for new hillside
development projects based off of science-based conclusions, including the use
of slope density calculations and maximum land holding capacity to determine
the appropriate density and intensity of a structure that can be built on a
particular hillside slope.
2. To involve early participation of affected resource agencies at an early stage of
the application process with new hillside development projects.
3. To protect the value to the community and the subject property of ridgelines,
prominent landforms, rock outcroppings, open space areas, hydrologic features,
wildlife communities, unique and sensitive habitat and vegetation communities,
and other natural, biological, and scenic resources.
4. To preserve and enhance the visual and aesthetic quality of hillsides from the
surrounding community.
5. To encourage all the characteristics and qualities of a cohesive neighborhood
that promotes a "sense of place"within a hillside setting.
6. To promote and encourage a variety of high-quality, alternative architectural and
development designs and concepts appropriate for hillside areas by utilizing the
highest quality of prescribed standards.
7. To preserve the public health, safety, and welfare and specifically protect the
public and property from hazards such as seismic, geologic, and fire.
October 19, 2004 f
20.206.020 Applicability and Permit Requirements
A. This Chapter applies to all properties within the incorporated boundaries of the City of
Brea, as well as those properties within the City's official Sphere of Influence that are
designated "Hillside Residential' on the City of Brea General Plan Land Use Map, and
which lie within the Hillside Residential (HR)zoning district.
B. No person shall subdivide, grade, erect, or construct into, over or on top of property
within the HR zoning district without first obtaining a Hillside Development Permit (HDP)
in compliance with this Chapter.
20.206.022 Exemptions from Hillside Development Permit
A. Notwithstanding the provisions of Section 20.28.020, the following actions and activities
are exempt from the requirement for a Hillside Development Permit, except that all
development in the Hillside Residential zoning district shall comply with hillside
development standards set forth in this Chapter:
1. Construction that does not require a grading permit or a building permit.
2. The construction and installation (trenching, utility construction and backfilling) of
underground utility systems.
3. The re-grading of existing yard areas for landscaping installation, provided such
re-graded yard area does not exceed 1,000 square feet in area.
4. Pool/spa construction that does not involve the construction of any retaining
walls, whether or not part of the pool structure, over three feet in height.
5. Additions to existing structures and/or construction of accessory structures which
are less than 500 square feet in area, unless a grading permit for establishment
of same is required.
6. Any project that has received final approval of a Hillside Development Permit
prior to the effective date of this Chapter, provided that such permit or approval
has not expired or is not otherwise revoked, and further provided that the
development is in accordance with the approved Hillside Development Permit
and related approvals.
20.206.024 Hillside Development Permit Approving Authority
A. Two Types of Permits Established
Two types of Hillside Development Permits are established by this Chapter: the
Administrative Hillside Development Permit and the Hillside Development Permit. For the
purposes of this Chapter, both are referred to herein as a Hillside Development Permit,
unless specifically referenced as Administrative Hillside Development Permit.
October 19, 2004 2
B. Concurrent Applications
An application for a Hillside Development Permit or Hillside Development Permit
amendment may be processed and approved concurrently with any other development
permits required by this Title 20 and any other applicable provision of the Municipal
Code. The same decision-making body or official which has the authority to approve,
conditionally approve, or deny the other development permits required for the project
shall have the authority to approve, conditionally approve, or deny a Hillside
Development Permit.
20.206.026 Voluntary Pre-Application Review Process
A. Prior to the submittal of an application for any Hillside Development Permit or Hillside
Development Permit amendment, the property owner or an agent with written
authorization is recommended to voluntarily meet with the Director of Development
Services or designee to review the requirements of this Chapter 20.206 and to review
matters set forth hereunder.
B. The purpose of pre-application review is to review the requirements of this Chapter
20.206, to identify and review available information regarding physical conditions
affecting the property for which the application will be submitted, to respond to questions
of the property owner or agent, and to present and review General Plan policies affecting
use and development of the property.
C. The pre-application review process is not meant to constitute a comprehensive Hillside
Development Permit application review and should not be considered to commence any
timelime, whether under the California Environmental Quality Act, Permit Streamlining
Act, or any law, statute or ordinance. City comments are to provide direction so that the
review of the subsequent Hillside Development Permit or Hillside Development Permit
amendment can be facilitated.
October 19, 2004 3
20.206.028 Review Procedure and Cost Recovery
A. Administrative Hillside Development Permit
An Administrative Hillside Development Permit shall be processed in compliance with the
procedures and noticing requirements established for a Certificate of Compatibility, as set
forth in Section 20.408.050 of this Title 20. The Director of Development Services or
designee may refer an Administrative Hillside Development Permit to the Planning
Commission, in which case, the Planning Commission acts as the Director and follows
the procedures and noticing requirements for a conditional use permit, as set forth in
Section 20.408.030 of this Title 20.
B. Hillside Development Permit
A Hillside Development Permit shall be processed in compliance with the procedures and
noticing requirements established for a conditional use permit, as set forth in Section
20.408.030 of this title, and it shall be acted upon by the Approving Authority having final
jurisdiction over accompanying actions.
C. Findings Required
In acting to approve an Administrative Hillside Development Permit or Hillside
Development Permit, the Approving Authority shall be required to make the following
findings:
1. That the proposed development is consistent with and serves to implement the
City of Brea General Plan and specifically, those goals and policies pertaining to
hillside development; and
2. That the proposed development is consistent with the purpose and intent of this
Chapter set forth in Section 20.206.010; and
3. That care was taken in the design of the development to minimize exposure of
persons to natural hazards, to avoid sensitive biological resource habitat areas,
and to maximize access to public open space areas.
4. That the design guidelines, where applicable, adopted for the Hillside
Development Permit will provide for quality design consistent with the intent of
this Chapter.
October 19, 2004 4
20.206.040 Land Use Regulations
A. Permitted Land Uses
The following uses of land are permitted in the HR zoning district and no discretionary
permit is required, except where a Hillside Development Permit is required by Section
20.206.020.
1. A single single-family dwelling unit, detached or attached.
2. Second dwelling units, subject to the regulations contained in Section 20.208.040
of this title and state law.
3. Accessory structures, including detached garages not to exceed a cumulative
total of 600 square feet.
4. Swimming pools, spas, and associated hardscape and landscape improvements,
subject to the issuance of a grading permit and required building permits.
5. Tennis courts, basketball courts, and similar sports courts, subject to the
issuance of a grading permit and required building permits.
6. Public and private parks.
7. Landscaped parkways and medians, landscaped slopes, and similar other open
spaces.
8. Riding and hiking trails for pedestrians, equestrians and non-motorized vehicles.
9. Residential care facilities serving six or fewer mentally or physically disabled,
disordered, or dependent persons.
B. Uses Requiring an Administrative Hillside Development Permit
The following applications for the development of property in the Hillside Residential
zoning district shall require an Administrative Hillside Development Permit and any other
permits that may be required by Section 20.206.040 of this Chapter. All other
applications shall require a Hillside Development Permit.
1. The construction of one detached single-family dwelling unit on an existing legal
lot.
2. Additions to existing dwelling units, whereby the addition consists of 500 square
feet or more of habitable floor area.
3. An accessory structure or any combination of accessory structures, including
detached garages, containing more than 600 of gross floor area:
4. Swimming pools, spas, and associated hardscape and landscape improvements.
5. Tennis courts, basketball courts, and similar sports courts.
6. Public and private parks.
7. Riding and hiking trails for pedestrians, equestrians and non-motorized vehicles.
8. Stables, corrals, and similar facilities for the private noncommercial keeping and
containment of animals.
9. Lighting of tennis courts, basketball courts, and similar sports courts.
An Administrative Hillside Development Permit shall be processed in the same manner
as a Certificate of Compatibility, as set forth in Section 20.408.050 of this title.
October 19, 2004 5
C. Uses Requiring a Conditional Use Permit
The following uses of land shall be subject to the granting of a Conditional Use Permit in
compliance with the regulations contained in Section 20.408.030 of this title.
1. The drilling for, removal of, and storage of oil and hydrocarbons and associated
activities, subject to the provisions of Chapter 8.24 of the Municipal Code.
2. The grazing of and/or ranches for horses, cattle, sheep, and goats, or other
members of the equine, bovine, or ovine family, or members of the ratite or
cameloid families, on a lot in compliance with the provisions of Title 6 of the Brea
Municipal Code.
3. The cultivation of commercial agricultural products.
D. Permitted Accessory Uses
The following are permitted as accessory uses clearly subordinate to the principal use of
the property.
1. The keeping of animals other than those specified in Section 20.206.040.C.2 in
compliance with the provisions of Title 6 of the Brea Municipal Code.
October 19, 2004 6
20.206.050 Application Filing Requirements
The following information, maps, and other specified data shall be submitted concurrently with all
required application forms and fees.
A. A topographical map, at a scale specified in development applications, which shall
identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally
recognized blue-line stream or Waters of the United States, rock outcroppings, and
existing vegetation. The vegetation map shall indicate whether the plant communities or
habitat are native (e.g. southern mixed chaparral) or exotic (e.g. palm trees). Also
depicted shall be known landslides and other existing geologic conditions.
B. A conceptual grading plan, which shall include the following items in addition to those
required by the Municipal Code:
1. Top of walls
2. Top of curbs
3. High point and low point elevations
4. Elevation of significant trees, which are defined to be trees with a greater than
six- inch trunk diameter measured at four feet above grade
5. Spot elevations, where appropriate
6. Pad and/or finished floor elevations
7. Change in direction of drainage
8. A separate map with proposed fill areas colored green and cut areas colored red,
with depths of such areas clearly shown in five-foot topographic lines. Quantities
of each cut and fill area shall also be clearly marked.
9. Areas of cut and fill, calculated as a percentage of the total site area
10. Contours for existing and proposed topography. Existing contours shall be
depicted with a dashed line with every fifth contour darker, and proposed
contours shall be depicted as above except with a solid line. Contours shall be
shown at minimum intervals of five feet of change in elevation, with two-foot
contours shown in the flatter areas
11. Road grades, indicating both average and maximum
12. Lot and pad dimensions, along with a statistical summary
13. Design of roads and driveways, including average grades indicated, as well as
areas of the steepest grade
14. Lot drainage, including the gradient of the drainage and flow velocities
15. Proposed graded pad areas for each development lot proposed, with pad
dimensions and slope indicated
C. A cut and fill map identifying proposed fill areas colored blue and cut areas colored red,
with depths of such areas clearly shown in 10-foot contour lines. Quantities of each cut
and fill area shall also be clearly specified on the map.
D. A series of existing conditions and constraints composite maps that, respectively,
describe in detail the information described below. Such maps shall be included as part
of any technical report required pursuant to paragraph G of this section.
1. Geotechnical and soils conditions, including known faults and landslides.
2. Archaeological and paleontological resources, and documented or potential
historic resources.
October 19, 2004 7
3. Recorded easements and title report planning constraints, including but not
limited to abandoned wells and pipelines.
4. Active and abandoned oil and gas production and processing facilities including,
but not limited to wells, pipelines, staging areas, and processing equipment. The
map shall include clear symbols indicating which facilities will be retained and
which will be abandoned.
5. Areas of known or suspected oil field contamination and associated oil
remediation plans.
6. Prominent ridgelines and required ridgeline setback zones, consistent with
information on the City's official Prominent Ridgeline Map.
7. Biological resource map showing all of the existing plant communities, with
sensitive or protected species or communities clearly delineated, as well as
known habitat area for protected animal species including the location of
sensitive biological resources.
8. Map identifying significant trees, which, for the purposes of this map, are defined
to be trees with a caliper greater than six inches when measured four feet above
grade.
9. 100-year floodplain areas, U.S.G.S. blueline streams, and jurisdictional wetlands.
10. Slope areas 30 percent or greater which are at least one acre in size and have a
minimum dimension of 50 feet in any direction.
E. The following property slope information:
1. A detailed slope analysis map for the purposes of determining the amount and
location of land as it exists in its natural state and for calculating the average
slope. For the slope analysis map, the applicant shall use a base topographical
map of the subject site, prepared and signed by a registered civil engineer or
licensed land surveyor. The map which shall have a scale of not less than one
inch to 100 feet and a contour interval of not more than ten feet with two-foot
intermediates. This interval may be adjusted with the approval of the Director of
Development Services and City Engineer on the basis of good engineering
principles. This base topographical map shall include all adjoining properties
within 150 linear feet of the site boundaries to portray the site's context. The
slope map shall delineate slope bands, with contrasting colors, for the following
slope ranges:
a. Up to 10%
b. 10.1%to 20%
c. 20.1%to 25%
d. 25.1%to 30%
e. Greater than 30%
2. Also included shall be a tabulation of the land/area by slope percentage specified
in acres consistent with the slope categories identified in E(1)above. Such slope
map shall be prepared using CAD-based or GIS-based software specifically
designed for such purpose and approved for such use by the City Engineer.
October 19, 2004 8
3. A calculation of the average slope of the entire parcel. Such calculation shall be
performed by using the average percent slope formula as follows:
S = (0.002291 L)/A
Where S =Average percent slope
I = Contour interval, in feet
L= Summation of length of contours, in feet
A=Area in acres of parcel being considered
4. Calculations of average slope percent shall be based upon accurate topographic
surveys using a contour interval no greater than 10 feet and a horizontal map
scale of 1 inch:200 feet or larger.
5. The slope analysis shall be stamped and signed by a registered or licensed
professional competent to provide such analysis and indicating the datum,
source, and scale of topographic data used in the slope analysis, and attesting to
the fact that the slope analysis has been accurately calculated.
E. In the event that no grading is proposed, a statement to that effect shall be filed with a
plan which shows possible future house plotting and driveway design for each parcel
proposed, to be prepared on a topographic map drawn at the same scale as the
conceptual grading plan.
F. Sufficient number of slope sections to clearly illustrate the extent of the proposed
grading. The slope profiles shall:
1. All be drawn at the same scale and indexed, or keyed, to the existing
topography, grading plan, and project site map. Both vertical and horizontal
.scales shall.be indicated and not exaggerated. The slope section shall extend at
least 150 feet outside the project site boundary to clearly show impact on
adjacent property.
2. At a minimum, sections shall be drawn along those locations of the project site
where:
a. The greatest alteration of existing topography is proposed; and
b. The most intense or massive development is proposed; and
c. The site is most visible from surrounding land uses; and
d. At all site boundaries illustrating maximum and minimum conditions; and
e. Where grading will impact natural drainage conditions.
3. At least two of the slope profiles shall be roughly parallel to each other and
roughly perpendicular to existing contour lines. At least one other slope profile
shall be roughly at a 45° angle to the other slope profiles and existing contour
lines.
4. The slope profiles shall be stamped and signed by civil engineer or landscape
architect registered in the State of California indicating the datum, source, and
scale of topographic data used in the slope profiles, and attesting to the fact that
the slope profiles have been accurately calculated and identified.
October 19, 2004 9
5. Show existing and proposed topography, structures, and infrastructure facilities.
Proposed topography, structures, and infrastructures shall be drawn with a
dashed line. Existing topography and features shall be drawn with a thin, solid
line.
6. The slope profiles shall be stamped and signed by a registered civil engineer
indicating the datum, source, and scale of topographic data used in the slope
profiles, and attesting to the fact that the slope profiles have been accurately
calculated and identified.
G. The following technical reports:
1. A geologic and soils report prepared by a registered geotechnical engineer and
in sufficient detail to substantiate and support the design concepts presented in
the application as submitted.
2. Phase I (records search)and any and all Phase II (physical investigation of soils)
environmental assessments identifying any hazards present on the property.
3. A biological resource survey report identifying all existing plant communities, with
sensitive or protected species or communities clearly delineated, as well as
known habitat area for protected animal species, including the location of
sensitive biological resources. All sensitive species surveys shall be conducted
in accordance with any applicable protocols established by the U.S. Fish and
Wildlife Agency and the California Department of Fish and Game. The report
shall be signed by the person preparing such report, with the signature intended
to verify that the mandatory protocols were conformed to in the analysis.
H. A comprehensive architectural and landscaping design guideline manual. Such manual
shall be required for all Hillside Development Permit applications except those involving
the construction of one single-family dwelling unit on an existing lot, in which case
paragraph I below shall apply. Such manual shall be approved as part of the applicable
Hillside Development Permit and shall be binding upon all subsequent development
authorized by that applicable Hillside Development Permit. The manual shall include the
following, but the applicant/land owner may include additional information at his/her
discretion.
1. Illustrative, color drawings or similar representations of the various architectural
styles to be used with text and visual descriptions on the overall architectural
theme of the project.
2. A neighborhood design diagram depicting the locations of proposed vehicular
and pedestrian circulation, utility easements, developable pad, property lines,
perimeter setbacks, parks, and recreation centers.
3. A description of all housing types to be built which reference the location of
defined parcels within the property, diagrams of how the product orients to the
flat pad with setbacks, and an illustrative street scene perspective of the product.
4. Identification of building articulation in the following locations (but not limited to):
front massing and entry scale, garage placement, architectural projections, rear
articulation, and corner lots.
October 19, 2004 10
5. Identification of exterior building materials (structure and trim), roofing materials,
and colors for primary structures.
6. Illustrations and descriptions of permitted fencing and wall materials.
7. Illustrations and descriptions of permitted signage and entry treatments.
8. Description and illustrative drawings or similar representations of how the
architecture and building approaches established in the manual implement the
Architectural Standards set forth in Section 20.206.140 of this Chapter.
9. Identification of landscaping approaches and plant palettes for all common open
space areas, roadway medians, edge and berm treatments, common slopes, and
private front yard areas.
10. Description of how the landscaping approaches and plant palettes established in
the manual implement the Landscape Standards set forth in Section 20.206.160.
I. For applications involving one single-family dwelling unit residence on an existing lot or a
second unit on a single lot, architectural and landscaping treatment materials shall be
provided consistent with the requirements for a Certificate of Compatibility, as set forth in
Section 20.408.050 of this title.
J. The following items shall also be required as part of an application, unless waived or
conditionally waived by the Director of Development Services or the Planning
Commission, to aid in the analysis of the proposed project to illustrate existing or
proposed conditions or both:
1. A topographic model and/or large scale detailed partial model at a 1:1 scale.
2. Visual simulation of the post-development condition, including use of
photographic and/or computer-generated graphic renderings as described in
paragraph M below.
K. Preliminary landscape and irrigation plans for all common areas showing project
compliance with the provisions of this Chapter and requirements of the City Fire Chief for
fire hazard mitigation and brush management zones in Chapter 16.04.
L. Any pre-application comments received from other affected government agencies having
authority over any component of the development application, including but not limited to
the State Department of Conservation, Division of Oil and Gas; California Department of
Fish and Game; U.S. Fish and Wildlife Service; and U.S.Army Corps of Engineers.
M. Visual three-dimensional simulation of the post-development condition, prepared in
accordance with the provisions set forth in this subparagraph. The purpose of requiring a
visual simulation is to provide decision makers with a pictorial representation of the future
condition of a development project as close to reality as possible.
October 19, 2004 11
1. Photography
The photograph is the basis of view simulation, and care shall be taken in the selection of
a camera. The goal is to select a camera-lens combination that will yield photographs
that, as closely as possible, represents site views from a variety of locations distant from
the project and from surrounding areas that will have a direct view of the project.
The photographs shall be taken with the camera mounted on a leveled tripod and the
height of the camera recorded. If the scene cannot be captured in one photograph and a
panoramic shot is required, a proper panorama camera or lens/camera that accurately
records a panorama shall be used. If a series of incremental panoramic shots were
taken, special stitching software or by photo retouching software shall be used.
2. Control Data
The location of the camera shall be recorded as accurately as possible at the time the
photograph is taken. The location can be determined by field survey, existing topographic
maps, or GPS locators.
Several items that appear in each photograph shall be field surveyed for accurate
location using the methods described above to allow for accurately configuration of the
views in the modeling software.
3. Computer Modeling
The proposed project shall be modeled based on subdivision design, architectural, and
landscape data. Existing terrain, buildings, survey data, and any field notes shall be
included in the modeling effort. The level of detail included in the computer model will be
determined by the intended use of the simulation.
4. Staging
The computer model shall be the aligned to the photographs in the rendering software
utilizing the alignment data and the lens and focal length of the camera used. The model
shall be lighted according to the time of day and year and the views rendered.
5. Rendering
The rendering process shall be completed after aligning the model to the photograph.
The subject matter should be colored and textured to simulate the proposed project as
closely as possible to that intended.
6. Photocomposition
Any retouching undertaken to make foreground objects visible shall be done in such a
way so as to preserve the original photograph and the rendered image intact.
October 19, 2004 12
20.206.060 Allowable Density Calculation Procedures
A. For the purposes of this Chapter, allowable density is defined as the maximum number of
dwelling units permitted per gross acre of land. The maximum allowable density shall be
based upon and established by the average slope of a property, calculated in compliance
with Subsection C. The maximum allowable density based on the average slope shall be as
set forth in to Table 20.206.060.A.
Table 20.206.060.A
Maximum Allowed Density Based on Average Slope
Average Sloe Maximum Allowable Density
Less than 10%, inclusive 2.2 units/acre
10.1 to 20% 1.6 units/acre
20.1 to 25% 1 unit/acre
25.1 to 30% 1 unit/5 acres
Greater than 30% 1 unit/20 acres
B. The maximum dwelling unit yield based on the maximum allowable density mathematical
sum shall be considered maximum potentials and not an entitlement, right or vested right to
develop. Other factors and individual property characteristics will affect and may reduce the
yield, including but not limited to: physical constraints, floor-area ratio (Section 20.206.060.D);
compliance with design guidelines, engineering design standards, hillside development
standards; and performance criteria such as access, emergency response standards, and
sensitive grading techniques and volumes.
C. Calculating the maximum allowable density for any parcel or group of parcels under common
development application within the Hillside Residential zoning district shall involve the
following steps:
1. Establish allowed density based on average slope:
a. Alternative 1 —Average slope of the parcel or group of parcels.
For Alternative 1, the average slope shall be calculated in compliance with
Section 20.206.050.E.2. For example, a 100-acre parcel which has an average
slope for the entire parcel of 25 percent would yield a maximum of 100 units.
b. Alternative 2—Use of Least Slope Categories.
The largest contiguous area of the least steep slope category may be used to
calculate average slope in compliance with the method established in Section
20.206.050.E.2. For example, on a 100-acre parcel, of which 60 acres has an
average slope of more than 30 percent, 30 acres are between 20.1 to 30 percent
slope, and there is a contiguous 10-acre area of between 10.1 to 20 percent, the
10 acres with a average slope of 10.1 to 20 percent can be used to calculate
allowable density (1.6 units/acre X 10 acres = 16 units). Any area excluded from
the average slope calculation shall be required to be set aside as Natural Open
Space and deed-restricted from any future development pursuant to the
provisions of Section 20.206.090.E of this Chapter.
D. For the purposes of this Chapter, floor-area ratio (FAR) is defined as the ratio of gross
building floor area on a pad to the total land area of the pad. For purposes of this
definition, gross floor area shall include the square footage of all structures on a pad, as
October 19, 2004 13
measured from the outside of the exterior walls. Gross floor area shall not include the
first 600 square feet of attached garages, decks, balconies, covered patios, the total
combined square footage of any and all accessory structures and detached garages up
to 600 square feet inclusive, and attics that do not exceed a height of five feet as
measured from the top of ceiling joist (floor)to the bottom of the ridge beam (ceiling). For
detached dwelling units, after constraints and performance criteria have been addressed
to develop a maximum yield, the maximum yield for a development is further affected by
average FAR and shall be based on Table 20.206.060.B. For attached dwelling units,
the maximum yield shall be irrespective of the FAR.
Table 20.206.060.B
Unit Yield Based on Floor-Area Ratio
Dwelling Unit Yield Maximum FAR
Maximum units __ 0.4
866T.of Maximum 0.5
70%of Maximum 0.6
60%
......._ ..of Max-...imum.. _._......._.__.-- -------------0.7..'—
E. Physical Constraints are the on-site circumstances and resources that will be protected
consistent with policies in the General Plan or other regulatory requirements. Factors
that require special consideration are as follows:
a. U.S.G.S blueline streams and potential habitat areas for endangered species
b. Areas greater than 30 percent slope greater than one acre as determined by
20.206.050 (E)
c. Liquefiable soils,Alquist-Priolo Zones, and faulting.
d. Large, mature native trees including but not limited to Coastal Live Oak,
Sycamores, Willow, or Black Walnut.
October 19, 2004 14
20.206.070 Subdivision Design
A. Purpose and Intent
The purpose of creating subdivision design standards within the Hillside Residential Zone is
to provide for hillside development that maintains the integrity of the hillsides' natural
characteristics and features while addressing development challenges present in hillside
settings, consistent with the purpose of this Chapter set forth in Section 20.206.010.
Further, the purpose of these subdivision design standards is to require that infrastructure
Such as but not limited to roads, utilities, drainage, and sound attenuation barriers serve both
a utilitarian and aesthetic purpose. To better preserve the integrity of subdivision design
within the Hillside Residential district, design elements such as the cutting of significant
ridgelines, unarticulated linear slope faces, and massive retaining walls are prohibited.
The Subdivision Design standards set forth in Sections 20.206.080 through 20.206.150,
inclusive, are intended to augment, not replace, the subdivision design and improvements
regulations enforced by the Brea Municipal Code.
20.206.080 Ridgeline Preservation
A. Purpose and Intent
The purpose of creating ridgeline preservation standards within the Hillside Residential Zone
is to ensure the ridgelines that frame the City of Brea will be preserved to the greatest extent
possible. Significant ridgeline standards shall be defined, described, and established, along
with a map delineating all significant ridgelines in the city, to ensure that the most significant
ridgelines will not be developed, for the purpose of preserving the existing and future view
that frames the City. A required three-dimensional visual analysis shall be submitted with the
Hillside Development Permit to ensure that the principles of preserving significant ridgelines
will be satisfied.
Figure 20.206.080.A
Hill forms and ridgelines create community identity. Preserving ridgelines provides a natural
backdrop to the City's developed areas and reinforces the community's connection to the hillsides
and open space.
October 19, 2004 15
B. Significant Ridgellnes
1. Significant ridgelines are those ridgelines characterized by any combination of the criteria
specified below.
a. The ridgelines that surround or visually dominate the surrounding valley landscape
either through their size in relation to the hillside or mountain terrain of which they are
a part.
b. Their visual dominance as characterized by a silhouetting appearance against the
sky.
c. A significant natural backdrop feature or separation of communities.
d. Visual dominance due to proximity and view from existing development or major
corridors.
e. As an area of significant ecological, historical, or cultural importance, such as those
which connect park or trail systems.
2. The Official Significant Ridgeline Map, contained as an exhibit herein and maintained on
file as part of the City of Brea Geographic Information Systems database, identifies crests
of significant ridgelines in the City for the purpose of this Chapter 20.206 and specifically,
this Section 20.206.080. The precise delineation of a ridgeline shall be determined at the
time a development application is received based on Official Significant Ridgeline Map
and the criteria in subparagraph 1 above.
C. Ridgeline Preservation
1. No grading or improvements shall occur within 100 feet of a designated and delineated
significant ridgeline area, as measured horizontally on a topographic map prior to any
grading or improvements. A Significant Ridgeline area is determined by the Significant
Ridgelines Map on file at the Development Services Department except as approved by a
Hillside Development Permit as in compliance with Section 20.206.020. No portion of any
structure shall be closer to a designated and delineated significant ridgeline area, as
measured 50 feet vertically from a cross section of the area.
2. No engineered slopes, housing construction, streets, utilities, excavation, or other
permanent human-made features shall be permitted within any significant ridgeline area,
as the same is determined by the Significant Ridgelines Map on file at the Development
Services Department. Exceptions may be granted as part of the Hillside Development
Permit process if findings are made that:
a. the encroachment into a significant ridgeline area will be in compliance with the
intent and purpose of this Chapter and the specific criteria set forth herein; and
b. that conditions of approval applied via the Hillside Development Permit will
implement the provisions of this Chapter.
October 19, 2004 16
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Figure 20.206.080.C.
20.206.090 Open Space
A. Purpose and Intent
The purpose of establishing open space requirements and standards for the Hillside
Residential Zone is to ensure that open space is an integral part of subdivision design; to
preserve prominent landforms, rock outcroppings, hydrologic features, and sensitive and
unique habitat as permanent open space features to help frame a community's identity; to
provide areas where residents can enjoy active and passive recreation; to integrate
landscaped medians, parkways, and slopes into a development project; and to ensure that
parks, recreation centers, trails, and greenbelts are located next to natural open space to
maximize the amount of contiguous areas of open space within a community and create
space transition zones between residential development and open space.
October 19, 2004
17
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A > 1
Figure 20.206.090.A
Open space shall be integral component of subdivision design, with developed open space
areas transitioning seamlessly to natural open space.
B. Types of Open Space
Open space in the Hillside Residential zoning district shall consist of two general types of
open space:
1. Natural Open Space, which shall be defined as undeveloped areas retained in their
naturally occurring condition with regard to landform, vegetation, and hydrologic features,
and which may contain dirt trails for limited public access and enjoyment; and
2. Improved Open Space, which shall be defined as any area not occupied by structures
that has been improved with landscaping, recreation amenities (i.e., golf courses, private
lakes), and similar features that provide opportunities for active and passive recreation,
and that provide landscape improvements that enhance the overall appearance and
character of a development.
C. Use of Natural Open Space
Undeveloped open space shall be left in its natural state. Permitted uses include trails and
the necessary improvements to establish trails and any associated viewing areas.
D. Use of Improved Open Space
1. Improved Open Space shall be provided for attached residential development as set forth
in Section 20.206.180.H and as otherwise required for this Chapter, and shall be used to
meet general landscaping, common open space, slope treatment, and parkway
landscaping requirements.
2. Improved Open Space may be reserved for private use and maintained by a
homeowners association, secured with documents reserving the land as open space in
perpetuity.
October 19, 2004 18
E. Use in Perpetuity of Natural Open Space
Any lands dedicated for Natural Open Space purposes shall be contain covenants and
recordable deed restrictions burdening the subject property, in a form and content approved
by the City Attorney, ensuring that:
1. The Natural Open Space area will not be subdivided in the future;
2. The use of the Natural Open Space will continue in perpetuity for the purpose specified;
3. Appropriate provisions will be made for the maintenance of the Natural Open Space that
clearly define future maintenance responsibilities; and
4. Natural Open Space shall not be turned into a commercial enterprise admitting the
general public at a fee, unless otherwise authorized by policy or law.
F. Natural Open Space Ownership
1. The fee title owner or easement holder of an interest in the land that is dedicated for
Natural Open Space purposes shall be selected by the property owner, developer, or
subdivider, subject to the approval by the Director of Development Services. The
ownership may vest in, but not be limited to, the following:
a. The City, subject to acceptance by the City Council of a recordable interest.
b. Other public jurisdictions or agencies, subject to their acceptance.
c. Quasi-public and non-profit organizations, subject to their acceptance.
d. Homeowner associations or other similar organizations.
2. The City may, in its reasonable discretion, require that the applicant establish a
mechanism to fund the long-term maintenance of such Natural Open Space, which may
include a cash deposit, an assessment district, trust, or other appropriate funding
mechanism.
G. Maintenance
The person or entity identified as having the right of ownership or control over the Natural
Open Space shall be responsible for its continuing upkeep and proper maintenance as set
forth in Chapter 15.216, unless the City authorizes alternate maintenance strategies.
October 19, 2004 19
20.206.100 Grading
A. Purpose and Intent
The purpose of establishing these grading standards for the Hillside Residential Zone is to
minimize the visual impact of development, provide for sufficient landscape opportunities,
integrate manufactured slopes with natural slopes, and limit grading impacts on sensitive
natural areas.
B. General Grading Requirements
1. Landform grading techniques such as varying slope height, rounding tops and toes of
slopes, and incorporating variable gradients shall be used to ensure that manufactured
slopes mimic natural hill forms. Landform grading shall be used for all post-disturbance
conditions unless determined by the Director of Development Services and the City
Engineer that landform grading is not feasible due to soil conditions, encroachment into
sensitive biological resource areas, protection of watersheds or watercourses, or other
similar considerations. Findings as part of the Hillside Development Permit record as to
why landform grading is not feasible.
is
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Figure 20.206.100.13
Applying the landform grading techniques illustrated above create the appearance of natural hills.
2. Super slopes, as defined by this Chapter, shall be used in areas of high on-site and off-
site project visibility, as determined by the viewshed analysis required for the Hillside
Development Permit described in Section 20.206.050 (Application Filing Requirements)
of this Chapter, to allow for visual breaks between terraced rows of housing units and to
provide areas where landscaping can be used to soften the appearance of hillside
development. Super slopes shall integrate manufactured slopes with natural slopes to
give the appearance of a continuous natural landform.
3. Re-created ridgelines shall be used to mask the view of dwelling units on a hillside from
off-site locations, to preserve the appearance of a natural undeveloped hillside, and to
preserve the appearance of open space.
October 19, 2004 20
4. Berming shall be used to screen utilitarian features such as, but not limited to, water
tanks and detention basins.
5. All slopes which are visible from any public right-of-way shall be landform graded.
6. No grading shall take place on any slope that exceeds 30 percent over an area
encompassing one acre or more and has any minimum horizontal dimension of 50 feet.
The following slopes shall be exempt from this standard:
a. Existing manufactured slopes.
b. City approved soils remediation projects.
c. Slope requiring grading for safety purposes as designated by the Director of
Development Services.
d. Implementation of General Plan or master-planned circulation routes.
e. Grading for emergency access.
Figure 20.206.100.B.6
No grading shall take place on any slope that exceeds 30 percent over an area
encompassing one acre or more and has any minimum horizontal dimension of 50 feet.
7. No excavation or other earth disturbance shall be permitted on any hillside area prior to
the issuance of a grading permit, with the exception of drill holes and exploratory
trenches for the collection of geologic and soil data. Such trenches shall be properly
backfilled and erosion treatment shall be provided where such slopes exceed 20 percent.
8. Graded or cut embankment adjacent to a publicly maintained right-of-way shall not
exceed a slope ratio greater than two feet horizontal to one foot vertical.
October 19, 2004 21
C. Prohibited Grading Practices
1. The cutting of significant ridgelines is prohibited.
2. Graded slopes that are characterized by linear (in plan), planar slope surfaces with
unvarying gradients and angular slope intersections are prohibited.
D. Super Slope Requirements
The use of super slopes shall be required for the conditions set forth in paragraph
20.206.100.13.2 above. The following standards shall be applied in the design of super
slopes.
1. On any property for which a Hillside Development Permit application has been submitted
whereby the vertical distance between the lowermost elevation on the property and the
uppermost elevation is 60 feet or greater, at least 40 feet of vertical height shall be
achieved for terraced manufactured slopes.
2. Such manufactured slopes shall be at most 10 feet shorter or at least 10 feet taller in
height than the height of the structure built on the toe of the manufactured slope (see
Figure 220.206.100.D.2).
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Figure 20.206.100.D.2
To avoid the appearance of stair-step development,top of slopes shall not
be within 10 feet above or below a structure's roofline.
3. Manufactured slopes shall complement the adjacent natural slopes in terms of hill form
and slope height.
October 19, 2004 22
E. Berming
1. Bering shall be used to screen hillside development from distant views, as determined
by the viewshed analysis required by the Hillside Development Permit described in
Section 20.206.050(Application Filing Requirements)of this Chapter.
2. Any berm three feet or greater in vertical height shall be landfor graded no steeper than
3:1.
3. All berms shall have varying slope gradients and rounded tops with a horizontal
dimension half the vertical height of the berm.
4. Berms shall be applied to screen utilitarian features such as water tanks in a hillside
project.
5. Landscaping materials used on berms shall conform to the landscaping guidelines for the
Hillside Residential zone set forth in the City of Brea's Landscaping Guidelines Manual.
P
Figure 20.206.100.F
Berms help screen hillside development and utilitarian features. From certain vantage
points,the berm will completely hide development and other structures, providing a view
of natural slope face.
F. Slopes between Residential Pads
Where there is at least a two-foot elevation difference between residential flat pads, slopes
shall be contour graded no steeper than 2:1.
October 19, 2004 23
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Figure 20.206.100.E
Hillside development shall not be allowed in steep hillsides that exceed 30%slope grade
and are at least one acre in area.
20.206.110 Edges
A. Purpose and Intent
The purpose and intent of establishing standards for edges in the Hillside Residential Zone is
to ensure that proper landscape setbacks are provided to separate residential uses from non-
residential uses and to allow for transitions between natural open space and development.
Landscape setbacks along roads create aesthetic and spatial benefits, allowing for thematic
landscape screening between public and private spaces in a community. In areas where a
project backs against natural open space, proper landscape setbacks in combination with fuel
modification zones is essential for providing proper transitions between open space and
residential development.
B. Road Systems along Project Edges
Road systems shall be placed along project edges to the greatest extent practicable to
maximize the use of aesthetic landscape buffers surrounding a development and to buffer
residential neighborhoods from vehicular traffic. Project edges along roadway systems shall
consist of varied slope and landscape treatments to provide visual interest.
F
Figure 20.206.1103
Road systems placed along project edges create a buffer between the project and
adjacent land uses.This strategy, as illustrated above,can also provide a way to take
advantage of panoramic views.
October 19, 2004 24
20.206.120 Retaining Walls
A. Purpose and Intent
The purpose and intent of establishing standards for retaining walls in the Hillside Residential
Zone is to ensure that the application of retaining walls is aesthetically pleasing, limited in
quantity throughout a development, and not used to artificially create additional building area.
B. Prohibited Retaining Walls
1. Use of utilitarian retaining wall designs such as crib walls and geogrids shall be
prohibited.
2. No retaining walls shall be permitted between residential lots as a means of creating
additional useable pad area.
C. Use of Loffelstein and Similar Living Walls
The use of Loffelstein walls, and other similar living wall systems, that allow for landscaping
opportunities with planting pockets and stepped designs is acceptable. Such wall shall be
subject to the following development standards.
1. The minimum height shall be no less than 15 feet, with a maximum height of 30 feet.
2. Such walls shall utilize a curvilinear slope pattern to mimic the appearance of natural
hillside terrain.
3. Such walls shall be planted with landscape material suitable for the climate, wall
exposure relative to the sun, and taking into consideration the landscape aesthetic effect
to be achieved by the overall development. The color palette and materials selected for
the retaining wall shall blend in with adjacent hillsides and landscape plant palette.
/S M/N, 30"MQX
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LsWQSI l4YS
Figure 20.206.120.C.1
Loffelstein walls and similar living wall systems retain large amounts of earth while
providing planting pockets for landscaping.Once landscaping matures,the wall will be
masked and have a softer appearance than a hardscape wall surface.
October 19, 2004 25
D. Contour Construction and Wall Materials
Retaining walls shall follow the natural contours of the slope, and all materials used to
construct retaining walls shall consist of native stone, poured-in-place concrete, precast
concrete block, and shall be of a color and texture that mimic the color and texture of
surrounding native plant materials.
E. Required Planting Areas
Slopes requiring retaining at a height greater than three feet shall be terraced for planting
areas. Such planting areas shall have a minimum width of six feet. No more than two
terraces of retaining walls shall be permitted on one manufactured slope.
Z af•}LL�lLdf'
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6•
Figure 20.206.120.E and 20.206.120.G
F. Irrigation Systems Required
All planting areas for retaining walls shall be provided with an automatic irrigation system.
Such irrigation system shall be approved and inspected prior to the construction of any wall.
G. Height Standards
1. Retaining walls shall be constructed at varying heights throughout a development.
2. The cumulative height of any retaining wall, other than a Loeffelstein wall or similar living
wall, built to retain a cut slope or fill slope shall not exceed six feet in height. Cumulative
height shall mean the combined height of any wall or series of walls required to retain a
single slope.
October 19, 2004 26
20.206.130 Water Quality and Stormwater Runoff Control
A. Purpose and Intent
The purpose of establishing water quality and storm runoff control standards is to ensure that
developments within the Hillside Residential Zone develop proper drainage and stormwater
management systems that are functional, aesthetically pleasing, integrated into the overall
project development as a functional landscape feature, facilitate recharge of groundwater,
and conform to state and federal law regarding pollution and water quality. Toward these
ends, the use of bioswales and landscaped water quality basins represent the preferred
approach to runoff and stormwater quality control, recognizing that such features add
aesthetic character, have the appearance of naturally occurring drainage channels, and when
located at project entries, serve as a functional element that allows for stormwater
management.
f
Figure 20.206.130.A
Bioswales and similar natural landscaped runoff control facilities shall be used to enhance
appearance and allow for groundwater recharge.
B. General
Site and subdivision features required and designed to control and retain stormwater and
other runoff pursuant to the requirements of City and County ordinances and the Regional
Water Quality Control Board shall be fully integrated into the design of the subdivision. Such
features shall be designed and located to account for natural drainage patterns, integration of
open space into overall subdivision design, location of trails and other mobility corridors, and
placement of subdivision entry statements or other aesthetic features.
C. Materials and Color
Water retention and detention features shall consist of natural earth and plant materials
consistent with the plant palette for the Hillside Residential zone set forth in the City's Plant
Palette Section. Concrete or similar hardscape materials shall not be permitted unless
determined by the City Engineer to be the only feasible method of containing runoff.
Wherever concrete or similar structures are necessary, per drainage and storm water control
plans approved by the City Engineer, such structures shall use integral color concrete to
blend with surrounding color palette that blend with the natural environment.
October 19, 2004 27
D. Detention Basins
1. A detention basin area with gentle slopes and lined with turf may be used as an entry
feature. Detention basins shall not be eligible for open space, park credit, or any fee
credit.
2. The maximum slope of a detention basin side slope shall be 3:1.
E. Bioswales
1. Bioswales shall be used to collect surface runoff before it crosses pavement areas and to
reduce ponding and damage to walkways. Bioswales shall be graded to direct water
away from paved areas into detention basins.
1 out ��y��1•`Y�w^y . ,., � / � � '
Figure 20206.130.E
Bioswales planted with native rocks and vegetation shall be used to the maximum extent to serve
as a hillside community's drainage system.
October 19, 2004 28
2. Bioswales shall consist of primarily herbaceous plants whose stems and leaves retard
water flow and help settle pollutants, and which, with the aid of the roots, decompose into
the soil.
AP~ T/01W
Ort3L fl°WRs
— /Y417M�bCSSES
W7"
Figure 20.206.130.1)
Detention basins can be landscaped with natural materials, presenting an infrastructure
element that has a pleasant and natural appearance.
20.206.140 Street Requirements and Design
A. Purpose and Intent
The purpose of establishing street design requirements is to ensure that the circulation
system is a beneficial element in the hillside development setting and maintains, to the
greatest extent possible, the natural characteristics of a hillside environment. Through these
requirements, the City recognizes that the placement and alignment of the road system must
be designed to exemplify the features present in the neighborhood and enhance the visual
character of the hillside community, and that the alignment of collector and arterial roads
along project edges separates the neighborhoods and residents from the effects of a highly
used road, resulting in a more pleasant living environment, and allows opportunities for
landscaping and panoramic views.
Further, with these requirements, the City recognizes that requiring parkways along every
street allows opportunities for landscaping that helps maintain a more natural hillside
• environment, separates pedestrians from vehicular traffic, and softens a project's visual
impact as viewed from off site.
October 19, 2004 29
B. Minimum Number of Access Points
New hillside development projects shall have a minimum of two points of vehicular access,
one of which may be established for emergency access only, as determined by the Fire Chief
or designee through the Hillside Development Permit review process.
C. Street Design Standards
All streets shall be designed and constructed in accordance with the following standards.
1. Street sections shall be designed in accordance with street standards and specifications
adopted by the City and as revised from time to time. In addition to such adopted
standards, the following street standards shall apply to development in the Hillside
Residential zone.
a. The maximum length of any cul-de-sac street shall be 600 feet.
b. All streets shall contain two clear 12-foot travel lanes.
2. Split Level Streets
Where split level streets are used, the following standards shall apply.
a. The use of split level roads is permitted to reduce the amount and visual effect of
grading (Figure 20.206.140.C.2).
b. The ground slope between the two traffic ways shall be of a ratio not less than 2:1.
� � I
Figure 20.206.140.C.2
Use of split level roadways is permitted and encouraged where such design can be used
to facilitate landform grading. This type of road can also maximize the view opportunities
afforded by the hillside setting.
October 19, 2004 30
3. Street grades shall not exceed the following except as may be modified by the Planning
Commission in compliance with Section 19.92.040 of the Brea Municipal Code. The
maximum length of street runs at the maximum specified grade shall be subject to the
review and approval of the Fire Chief and City Engineer, or their respective designees.
a. Primary Arterials shall be no steeper than eight percent.
b. Secondary Arterials shall be no steeper than 10 percent.
c. Local Streets shall be not steeper than 10 percent.
d. Loaded Local Streets shall not be stepper than eight percent.
e. Intersections shall be at 6 percent grade or less.
D. Private Streets
Private streets shall not be permitted.
E. Landscaped Parkways Required
1. All public streets shall include a landscaped parkway between the edge of street paving
and adjacent property lines. Such parkways shall be of a width required by the City's
street design manual and shall include a sidewalk or other pedestrian way or trail as set
forth in the street design manual or as otherwise may be required by the City Engineer
and/or Director of Development Services through the Hillside Development Permit review
process.
2. Such required parkways shall be landscaped as set forth in Section 20.206.160 of this
Chapter, including specifically Section 20.206.160.E.
3. Such landscaped parkways shall be continuously maintained by a homeowners
association, through a landscaping assessment district, or via a similar legal mechanism,
as approved through the applicable Hillside Development Permit, The City shall have the
authority to require bonding or other similar surety to ensure that such landscaped
parkways are fully established and maintained prior to the establishment of a
homeowners association, landscaping assessment district, or similar legal mechanism.
20.206.150 Architectural Standards
A. Purpose and Intent
The purpose of establishing architectural design standards in the Hillside Residential Zone is to
ensure quality development that blends with the hillside environment, and to create
neighborhoods that display a cohesive and harmonious form and complementary architectural
styles. To achieve hillside compatible development, the City recognizes the importance of having
architectural design that incorporates rooflines and other building elements which reflect the
naturally occurring ridgeline silhouettes and topographical variation-
B. Conformance with Project Design Manual
The applicant shall demonstrate how the architectural criteria of this section are met in the design
guideline manual required by Section 20.206.050 of this Chapter.
C. Architectural Themes
1. For subdivisions consisting of production-style development, whereby dwelling units are
constructed by a single developer utilizing a limited number of floor plans and building
October 19, 2004 31
architectural styles, the architectural styles throughout the development shall be
thematically consistent with one another. Varying floor plans, colors, materials, and
building forms shall be utilized such that within a single development project, a minimum
of nine different elevations are available. However, where attached units are provided, a
more unified architectural scheme is permitted.
2. For custom lot developments consisting of a subdivision of more than one lot, the
requirement for a design guideline manual, as set forth in Section 20.206.050 of this
Chapter, shall apply.
3. For a development consisting of one custom home on an existing lot, such homes shall
comply with the requirements of Section 20.206.190.
D. Required Treatments
1. Architectural treatments on all exterior walls of any building shall be designed to avoid a
monotonous or continuous fagade of the exterior wall. Under no circumstance shall the
front and rear fagade of any building be in one continuous vertical or horizontal plane.
Architectural features and details shall be located on all exteriors walls of the building,
including the rear and sides of the building. Buildings shall utilize wall articulation (i.e.,
insets, pop-outs, etc.)and roof orientation as a means to prevent massing.
2. The apparent size of exterior wall surfaces visible from off the site shall be minimized
through the use of single-story elements, building face set backs, overhangs,
landscaping, and/or other means of horizontal and vertical articulation to create changing
shadow lines and to break up massive forms.
TEN
Figure 20.206.150.D
Building facades shall be articulated and create visual interest.
October 19, 2004 32
E. Finish Materials/Color
Building materials and colors shall be compatible with the natural setting. Exterior colors
shall be limited to earth tones found in nearby natural vegetation and/or soil, or come from
natural sources (e.g., rock, stone, wood), or resemble a natural appearance.
F. Support Structures
1. Support structures (for example, columns, pilings, etc.) below the lowest floor on the
downhill side of a house, if and where permitted as part of the Hillside Development
Permit review process, shall be enclosed unless visible structural members are an
integral feature of the architectural design.
2. A support structure wall surface shall not exceed six feet in height.
r
Figure 20.206.150.E
Support structures of minimal height can help ensure that structures closely follow the hillside
terrain and therefore reduce its visual impact. Hillside adaptive structures can be designed and
constructed to look like they are nestled into the hillside.
G. Fencing and Privacy Walls
1. All fences and privacy walls adjacent to or visible from public roads or major public
spaces shall be of decorative masonry or other approved materials which have a natural
appearance (e.g. masonry walls, pre-fabricated modular concrete) and shall be a color
that blends with the surrounding environment and complements the landscaping. The use
of indigenous rock and colors or materials shall be preferred. The applicant shall present
illustrations and descriptions of fencing and wall materials in the design guideline manual
required by Section 20.206.050 of this Chapter.
2. Any fence or privacy wall adjacent to a public road or major public space shall be placed
at the top of a slope.
3. All fences and privacy walls, whether or not visible from a public road or major public
open space, shall be limited in height to seven feet, as measured from the grade on
which the bottom of the fence or wall is placed to the uppermost extent of such fence or
wall.
4. Solid fences and walls in a required front yard area shall not exceed a height of 30
inches.
October 19, 2004 33
5. Open work fences, whereby the fence is 90 percent open or more, shall not exceed a
height of 54 inches.
6. The provisions of Section 20.08.060 of this title regarding comer cut-off areas shall apply.
7. A minimum setback distance of 20 feet shall be provided between any fence or privacy
wall adjacent to a public right-of-way, with the distance measured from the fence or
privacy wall to the face of curb.
' l
ER_ EM
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u
i r
Figure 20.206.150.G.7
A minimum 20 feet setback ensures room for landscaping while being a buffer between
street traffic and private yards.
October 19, 2004 34
20.206.160 Landscape Standards
A. Purpose and Intent
The purpose of creating landscape design standards for development within the Hillside
Residential zone is to minimize resource consumption through the use of a drought-tolerant
native plant palette, to establish landscape setbacks along roads and natural open space, taking
advantage of the topography and vegetation as a means of enhancing the overall aesthetics of a
development project, and to provide transitions between developed areas and surrounding open
space.
4 .
Figure 20.206.160.A
Landscaping shall be used for aesthetic enhancement,erosion control and
transition to natural open space areas.
B. Landscape and Irrigation Plan
1. All proposed new development shall require approval of a landscape and irrigation plan.
Complete plans shall be submitted as part of the application process set forth in Section
20.206.050. Such plans shall be subject to the review and approval of the Director of
Development Services and the Fire Chief or designee.
2. All landscape and irrigation plans shall include all information required by the
Development Services Department and shall be designed to ensure slope stability, fire
safety, and design quality, as well as a tree removal and retention plan with the following
information.
a. Identification of the extent of vegetation removal required for site preparation and
development; and
b. The location and species of individual trees of four-inch caliper or more. Maximum
effort should be exercised to retain existing trees in place.
3. The Director of Development Services may waive the landscape and irrigation plan
requirement for additions and remodeling where no or only minor alterations to the
existing landscape or topography are proposed.
October 19, 2004 35
4. All landscaping shall be planted and maintained in compliance with approved plans.
5. The developer shall be responsible for ensuring that all landscaping installed consistent
with approved landscaping and irrigation plans is properly and effectively established one
year from the date of City sign-off on said installation. The developer shall be
responsible for taking corrective measures directed by the City to ensure same. The City
shall be authorized to require bonding or other surety to achieve this requirement.
C. General Landscaping Standards
1. All portions of a site where existing vegetative cover is damaged or removed, or consists
primarily of weeds (typically unwanted plants that grow aggressively and are damaging to
native plants), and are not otherwise covered with new improvements, must be
successfully re-vegetated with a substantial mix of native and/or drought tolerant grasses
and ground covers. The density of the reestablished vegetation must be adequate to
prevent soil erosion and invasion of weeds after one growing season. Refer to plant
palette in the landscaping standards section of the document for a list of noxious weeds
and non-natives that are not allowed in the Brea Hillside Management Zone.
2. Utilitarian structures such as fuel tanks, water tanks or towers, similar storage facilities
shall be installed underground. Those not installed underground shall be painted with
earth tones found in the adjacent area or shall be entirely screened with appropriate
landscaping that blends with the surrounding natural environment.
3. Plants with similar water requirements shall be grouped together in hydrozones. Refer to
plant palette in the landscape standards section of the document.
4. Prior to planting consideration of soil compaction shall be used to determine planting pit
depths and drainage.
5. The Director of Development Services shall have the authority to require other
improvements such as the removal of dead or diseased trees and the thinning of trees or
other vegetation to encourage desirable growth.
D. Tree Removal and Replacement
For each existing native tree or shrub removed or damaged with a combined caliper equal to
or greater than four inches at four feet above finish grade, a 24-inch box minimum
replacement tree or shrub of the same genus and species shall be planted on the site. For
trees equal to or in excess of an eight inch combined caliper, the replacement tree shall be a
48-inch box or larger of the same genus and species. Should a tree of the same genus and
species not be available, the applicant shall submit reasonable proof of general unavailability
in the region, and a list of no less than five substitutes, one of which shall be of the same
genus, for approval by the Director of Development Services.
The Director of Development Services may approve a substitute or may require provisions,
including but not limited to bonds or similar security, to assure the installation and
maintenance of the specific genus desired.
October 19, 2004 36
b _
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AM% lr4i iYb EJrSSD
410 MW
Figure 20.206.160.D
In order to ensure that native vegetation, such as oak trees, are survive the construction phase of
hillside development, the any grading activities must be appropriately setback from the vegetation.
Tree protection standards are established to ensure that preserved trees survive the construction
phase. The preservation of trees will benefit hillside communities by giving an established
appearance to the community.
E. Setbacks/Slopes along Roadway Edges
1. The following setbacks from the curb face, or line that would be the location of the curb
face,to the property line shall be required from the following roadways:
a. Major Arterial: 80 feet
b. Primary Arterial: 60 feet
c. Modified Secondary and Secondary Arterial: 40 feet
d. Collector Roadway: 35 feet
e. Local Roadway: 20 feet
October 19, 2004 37
� o P
t 60'
80
j
9
y � -
v�
G
Figure 20.206.160.E.1
2. Setbacks and slopes along edges between roadways and rear property lines shall be
fully landscaped with materials consistent with all other common open space areas. The
landscape material shall transition in height to provide low vegetation immediately
adjacent to the right-of-way edge to taller trees on the slope.
e
I
Figure 20.206.160.E.2
3. Any manufactured slope that is part of a private lot and that abuts any public or private
street or other right-of-way or open space use intended for public use and/or enjoyment
shall be fully landscaped in accordance with the provisions of this Chapter and shall be
maintained by a homeowners association or other entity established as part of the
tentative map approval process for the maintenance of common open space.
October 19, 2004 38
,
"
k
10
Figure 20.206.160.E.3
Landscaping along right-of-way edges shall exhibit a transition in height up or down the slope.
F. Drought-Tolerant/Native Vegetation
1. All landscape plans must use native and/or drought-tolerant plant materials appropriate
for their location and soil type, as identified in standard agricultural suitability soils test.
Preferred landscaping materials shall consist of native plants identified in the City's
landscape design manual.
2. All native vegetation outside the impact area shall be preserved and protected from
damage during construction. Oak trees shall have a preservation zone of the dripline
plus 10 feet surrounding the tree. Any project impact within this preservation zone shall
be considered as damaging to the tree.
G. Interface between Natural Open Space Areas and Development
1. The area between a structure and wildfire hazard areas, as defined by the Fire Chief or
designee, shall be planted and maintained as consistent with the provisions of paragraph
J below. The transition between manufactured areas and natural areas shall be
established beyond residential structures so as to permit the development to meet
applicable Fire Department brush clearance requirements.
2. Climactically suitable shrubs and trees shall be used as wind breaks as appropriate.
H. Landscaping as Focal Points
Significant landscaping, such as signature trees (i.e., large or unique trees), hedges, and
flowering plants shall be used to provide focal points within a development. A landscape
area with minimum dimensions shall be provided for said landscaping. This area shall
require the following minimum dimension measured diagonally from face of curb, or the line
that would be the location of the curb face:
October 19, 2004 39
1. Major Arterial: 100 feet
2. Primary Arterial: 80 feet
3. Modified Secondary and Secondary Arterial: 50 feet
4. Collector Roadway: 50 feet
A landscape area shall then be provided generally matching the depictions within Figure
20.206.106.H. Provisions for maintenance of said landscape areas shall be an integral
component of project approval.
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Figure 20.206.106.H
I. Slope Maintenance and Erosion Control
1. All cut and fill slopes shall be planted with native and/or drought-tolerant vegetation and
irrigated with an automatic irrigation system to prevent erosion.
2. All cut or fill slopes exceeding five feet in vertical height shall be planted with adequate
plant material to protect the slope against erosion. Planting shall be in the ratio of at least
one shrub per 16 square feet of natural slope area and one tree per 400 square feet of
actual slope area, with ground cover to completely cover the slope within 12 months from
planting.
3. All shrubs shall be a minimum one gallon size,
4. All trees shall be minimum 15-gallon size.
5. Slopes less than five feet in vertical height shall be planted with ground cover anticipated
to cover the slopes completely within 12 months after planting.
6. Landscape coverage and stabilization of graded slopes shall be selected and designed to
be compatible with surrounding natural vegetation. A City-approved irrigation system
shall be utilized for plant establishment. A minimum three feet flat area from top or toe of
slope of 20 feet or greater shall be maintained to face of wall on common area
maintenance slopes.
7. Random patterns or uniform coverage that is contrary to or reasonably detracts from the
surrounding natural environment shall be avoided.
October 19, 2004 40
8. Shrubs on manufactured slopes shall be heavily concentrated along the drainage flow of
swales.
9. Lawns and sod shall not be installed on slopes greater than 4:1. Low-maintenance
bunch grasses can be used on slopes steeper than 3:1.
J. Irrigation
1. Irrigation shall be designed to conserve water and to protect existing native vegetation.
2. Drip irrigation or similar water-efficient systems shall be required in appropriate areas to
reduce overspray and runoff.
3. Irrigation needs shall be reduced by careful control of drainage pattern on a slope and
selection of appropriate plant material.
4. Technological irrigation equipment, such as humidity sensors, that control irrigation
settings and run times due to,season weather changes shall be used.
K. Fuel Modification Zones
1. A permanent fuel modification area and fire prevention plan shall be required, subject to
the determination of the Fire Chief, around development projects, or portions thereof, that
are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The
recommended width of the fuel modification area shall be based on applicable Building
and Fire Codes and the recommendations of the Fire Chief,with consideration given to:
a. The natural ungraded slope of the land-within the project and in the areas
adjacent to the project.
b. Fuel loading.
c. Access to the project by fire suppression equipment, and access directly to the
fuel modified area, and egress out of the project in case of evacuation.
d. The on-site availability of water that can be used for firefighting purposes with
regard to fire flows, water pressure, and duration.
e. "Built-in"fire protection within structures.
2. Adequate provisions shall be made for the continual maintenance of such areas, and the
Fire Chief may require brush, vegetation, or debris to be removed and cleared consistent
with the provisions of Chapter 15.216 of the Brea City Code.
L. Private Yard Hardscape Limitations
1. In the front yard area, the paving or other covering with impervious surfaces shall be
limited to 30 percent of said yard area, exclusive of any paving required to provide direct
vehicular access to a garage.
2. No more than 50 percent of the rear yard area shall be covered with impervious surfaces
with the exception of swimming pools and spas as measured 18 inches outside the
water's edge.
October 19, 2004 41
M. Screening
1. Landscaping shall be designed to screen the view of downslope building elevations. The
landscape plan for individual residential dwellings shall specifically consider the
downslope elevation and demonstrate that portions of elevations below the bottommost
Floor are screened from view. Downslope elevations visible from any adjacent property or
public right-of-way shall be landscaped with a selection of shrubs and trees that screen
the downslope portion from view to the satisfaction of the Director of Community
Services.
2. Visual screening and privacy within side and rear yards shall be provided. Front yards
and building entrances shall be designed to remain mostly visible for security purposes.
N. On-lot Tree Program
1. A minimum of two trees shall be installed and maintained in each rear yard.
2. One additional tree shall be installed along the side yard adjacent to the street on corner
lots with uphill visibility from roads.
3. Tree sizes shall be a minimum of 24-inch box for rear yards with 15 feet depths or less
and 36-inch box for rear yards that are greater than 15 feet deep.
4. Minimum distance between tree trunk and adjacent wall is five feet.
5. Soil compaction and drainage shall be considered when determining planting pit depths.
�I
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1
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Figure 20.206.160.N
On-lot tree programs are beneficial to homeowners and the community in general by providing
landscaping while preserving views.
October 19, 2004 42
20.206.170 Development Standards - Detached Dwellings
A. Purpose and Intent
The purpose of creating development standards for detached dwelling units is to ensure the
development of communities that are appropriate to the hillside setting as well as preserving
the look of a natural hillside to the greatest extent possible. The various standards are
designed to work together and result in a hillside community design that allows for the
appropriate amount of setback for structure-to-structure conditions and building-to-street
conditions. In addition to appropriate setback requirements, the standards will also ensure
that structures will be built so as not to offset the visual scale of the hillsides.
v
v
Y
Figure 20.206.170.A
Estate detached product with large front,side and rear yard setbacks,and low building profiles.
B. Density
Density limitations shall be determined as set forth in Section 20.206.050 of this Chapter.
C. Minimum Pad Size
The minimum area of a pad on a lot, including the summation of multiple pad areas where
split-level construction is proposed, shall be 6,000 square feet.
D. Building Setbacks
Building setbacks shall be set forth in Table 20.206.170.C. All setbacks shall be measured
from the edge of the pad.
October 19, 2004 43
Table 20.206.170.D
Building Setbacks—Detached Dwellings
Pad Size in Square Feet/Re wired Setbacks
Setbacks 6,000 to 7,999 8,000 to 9,999 10,000 and greater
Front yard 20 ft. 30 ft. 40 ft.
Side and 7.5 ft. 7.5 ft. 10 ft.
Rear yard 20 ft. 20 ft. 30 ft.
Corner Setbacks
Face of curb to privacy wall 20 ft. 20 ft. 25 ft.
Privacy wall to structure 10 ft. 10 ft. 15 ft.
Vj
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6M .
20'
6,000-7,999 4/AO 8,X0 -9,9990 Rob ? 10,,000 dt AO
Figure 20.206.170.D
E. Floor-Area Ratios
Maximum allowable floor-area ratios shall be as set forth in Section 20.206.050(D).
F. Building Height—Primary Structure
Each proposed single-family detached structure in the Hillside Residential zone shall comply
with the following height limits.
1. Height Measurement
The maximum allowable building height shall be measured as the vertical distance from
the existing or planned grade of the pad at the paint of the building foundation to the mid-
point of the roof. For split-level construction, each building component shall be measured
from the site pad area on which that component is located.
October 19, 2004 44
as'
1
Figure 20.206.170.F
2. General Height Limit
No structure shall exceed a height of 35 feet.
3. Height of Lowest Floor Level
The vertical distance between the lowest point where the foundation meets grade and the
lowest floor line of the structure shall not exceed six feet.
20.206.180 Development Standards —Attached Dwellings
A. Purpose and Intent
The purpose of creating development standards for attached development dwellings is to
ensure the development of communities that are appropriate to the hillside setting as well as
preserving the look of a natural hillside to the greatest extent possible. The various standards
are designed to work together and result in a hillside community design that provides the
ideal amount of private and common open space. In addition to ideal amounts of open space,
the standards will also ensure that structures will be built so as not to offset the visual scale
and natural appearance of the hillsides.
B. Density
Density limitations shall be determined as set forth in Section 20.206.050 of this Chapter.
Where attached housing is proposed, the overall permitted density of a development site
shall determine the maximum number of units allowed, and all such attached units may be
placed on a pad or pads restricted to a limited area of the development site, with the density
calculation applicable to the site as a whole. However, in compliance with the provisions of
Section 20.206.090 of this Chapter, any remaining Natural Open Space shall be deed
restricted against further residential development and shall be permanently maintained as .
required by the provisions of this Chapter.
October 19, 2004 45
C. Building Setbacks
1. Buildings shall be set back from pad edges as indicated in Table 20.206.180.C.
Table 20.206.180.0
Building Setbacks—Attached Dwellings
Measurement Line Required Setback
Front yard 20 ft.
Side yard 15 ft.
Rear yard 20 ft.
Face of curb to privacy 20 ft.
wall
Privacy wall to structure 10 ft.
2. Building to Building
The minimum setback between structures shall be no less than 20 feet.
3. Building to Street or Parking Area
The minimum building setback to street or parking area shall be no less than 20 feet,
measured from face of curb.
4. Building to Privacy Wall or Exclusive Use Area
The minimum building setback to privacy wall or exclusive use area shall be no less than
20 feet.
PaP0
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October 19, 2004 46
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Figure 20.206.180.0
D. Building Height
Each proposed attached dwelling unit structure shall comply with the following height limits.
1. Height Measurement
The maximum allowable building height shall be measured as in compliance of Section
20.206.170.F.1.
2. General Height Limit
No structure or group of structures shall exceed a height of 45 feet.
3. Height of Lowest Floor Level
The vertical distance between the lowest point where the foundation meets grade and the
lowest floor line of the structure shall not exceed six feet.
E. Required Common Open Space Area
Every attached development project shall be required to provide common open space areas
accessible to all dwelling units within such development project and located on a pad. The
required area shall be as set forth in Table 20.206.180.E. Such common open space area
may consist of landscaped areas that can accommodate active use, common recreation
facilities such as a swimming pool or sports court, or any combination of such improvements.
The minimum dimensions of such common open space area shall be 20 feet by 20 feet.
Such common open space shall be centrally located and easily accessible to all dwelling
units within the development. Landscaped slopes and Natural Open Space areas shall not
count toward the common open space requirement.
October 19, 2004 47
Table 20.206.180.E
Required Common Open Space for Attached Dwellings
Numbers of Dwelling Units
within Development Required Open Space Area
0-20 100sq_ftperdwelling_unit
21-40 _ 125 sq.ft,perdwellin unit
40+ 150 s .ft, per dwelling unit
F. Private Open Space
Private open space shall be provided as required by Section 20.220.040 of this Title 20.
G. Location of Garages
Garage structures for attached developments are not required to be attached to the dwelling
units they serve. Common garage structures may be developed, provided parking is
provided for each dwelling unit in compliance with the requirements of Section 20,206.040 of
this Title.
20.260.190 Custom Lot Design and Development Standards
A. Purpose and Intent
The purpose and intent of establishing specific standards for custom lots is to preserve the
rural character of the hillsides, minimize grading impacts, and ensure that new houses are
visually compatible with the surrounding area. The provisions of this Chapter shall apply to
one detached single-family dwelling unit established on an existing legal lot and to custom
homes designed and constructed as part of a comprehensive subdivision or other
development project.
B. Application Requirements
1. As specified in Section 20.206.024, an individual dwelling unit on an existing legal lot
shall be subject to an Administrative Hillside Development Permit.
2. Proposed subdivisions of land planned for custom home sites shall be subject to a
Hillside Development Permit.
C. Design Standards—General
1. Roadways, driveways, and individual building pads shall be designed to conform to the
natural hillside contours, blending into the environment rather than forcing building sites
and infrastructure upon the land. An emphasis shall be placed on limiting grading to
individual flat graded pad areas for residential building sites and any roads accessing the
residential building sites, ensuring a minimal cut and fill situation.
2. Any areas that require grading shall incorporate landform grading techniques to further
encourage the natural appearance of custom pads.
3. For any standard not specifically indicated in this Section as applying to custom lot
development, the general standards applicable to all development in the Hillside
Residential Zone shall apply.
October 19, 2004 48
D. Landscape Standards
Custom lot development shall implement landscape standards that avoid harsh or abrupt
transitions between open space and development while providing a combination of landscape
materials that blend into the adjoining natural open space. Landscape setbacks along roads
and along flat pads of custom lots shall be required to ensure that suitable transitions from
residential development to natural open space are accomplished.
E. Architectural Standards
1. Individual houses on custom lots shall be visually compatible with the surrounding area,
with architecture that complements the adjacent natural environment and any adjoining
residential structures and/or neighborhoods.
2. The following standards shall be required in the construction of subterranean
garages:
a. Access to a subterranean garage is only permitted under one-story portions of a
building.
b. Access shall not be visible from the front or rear yards.
c. Ramps shall not be located within the front yard.
d. Subterranean exterior walls shall not extend beyond the perimeter of the exterior
walls defining the first floor above.
e. Structural decks over driveways are not permitted.
3. Carports shall not be allowed.
4. Attached dwelling units shall not be permitted within a custom home subdivision.
F. Grading Standards
1. Unless otherwise specified in this section, the landform grading practices set forth in
Section 20.206.100 shall apply.
2. Retaining walls shall not be visible from any public rights-of-way.
G. Development Standards
1. The minimum pad size shall be no less than 10,000 square feet.
2. Maximum building height, as measured from finished grade to top of building, shall be as
follows:
a. 20 feet—Single-story portion of structure
b. 28 feet-Two-story portion of structure
c. 35 feet—Three-story portion of structure
3. Setbacks shall be provided as set forth in Table 20.206.170.C.
4. No fence or wall shall exceed a height of seven feet, and all fences and walls shall
comply with the regulations set forth in Section 20.206150.G.
October 19, 2004 49
5. Walls and opaque fencing shall be permitted only on the Flat pad of a custom lot.
6. The minimum landscape setback of 20 feet shall be provided between developed pad
and natural vegetation.
7. The maximum step in foundation wall shall be no higher than 10 feet to account for
homes built in a hillside setting.
8. Where not standard is specifically indicated in this Section 20.206.190, the development
standards set forth in Section 20.206.170 shall apply.
20.206.200 Accessory Structures
A. Accessory structures shall either be constructed as an integral part of the main dwelling
unit or be within the setbacks set forth in Tables 20.206.170.A and 20.206.180.D of this
Chapter.
B. The height of any accessory structure shall be limited to 12 feet.
C. Accessory structures shall not be permitted within any front yard area.
D. Accessory structures shall maintain a minimum five foot setback from rear and side pad
edges. For pads on lots adjacent to a street, a minimum 20 foot setback from any pad
edge to the street shall be maintained. A side yard on the street side of a comer lot shall
maintain a minimum 20 foot setback from pad edge.
20.206.210 Other Regulations
A. Exterior Lighting
Exterior lighting shall be properly shielded to avoid glare and the spill of light to surrounding
areas. Low-level lighting and the use of multiple low profile fixtures is encouraged, as
opposed to the use of fewer, but taller fixtures. Emphasis for exterior lighting shall be on
safety and landscape lighting as opposed to building lighting. The applicant shall present
descriptions of exterior lighting in the design guideline manual required by Section
20.206.050 of this Chapter.
B. Decks
Decks shall be integrated into the architecture of the house and not appear as an add-on to
the primary building mass. All decks shall be limited to the pad area(s) of a lot. Decks over
30 inches in height shall maintain a minimum setback from pad edge of one-half the minimum
setback for the applicable yard. No decks within front yard setback areas shall be allowed.
The applicant shall present illustrations and descriptions of decks in the design guideline
manual required by Section 20.206.050 of this Chapter.
C. Utilities
All newly installed utilities shall be placed underground unless, in the determination of the
authority responsible for approving the Hillside Development Permit, such requirement would
result in unsafe conditions. All existing electric power lines of capacity 66 kilovolts or less
shall be relocated underground.
D. Gated Communities Prohibited
Gated communities shall be prohibited.
October 19, 2004 50
20.00.070 Definitions
For the purposes of this Chapter, the following words and phrases are defined as set forth herein.
Any word, phrase or term that is not defined in this Section but is defined in Division 7 —
Definitions of this Title 20 shall have the meaning prescribed in Division 7.
Accessory structure. A structure that is clearly incidental to and detached from a principal
building on the same lot and subordinate to the principal building.
Attached unit. A single dwelling unit attached to one or more units by common vertical walls.
Average slope. Average percent slope "S"is computed by the formula:
S = (0.002291 L)/A
where S =Average percent slope
I = Contour interval, in feet'
L= Summation of length of contours, in feet
A=Area in acres of parcel being considered
'Calculations of average percent slope should be based upon accurate topographic
surveys using a contour interval no greater than ten feet and a horizontal map scale of 1
inch : 200 feet or larger.
Berm or Berming. A mound of earth or series of connected mounds that are artificially graded
and created to form a small topographic feature for purposes of aesthetic enhancement, sound
attenuation, landscape interest, or any combination thereof.
Best Management Plan ("BMP"). Any program, technology, process, siting, criteria, operational
methods, measures, or engineered systems, which when implemented prevent, control, remove
or reduce pollution to the maximum extent practicable.
Bioswales. Bioswales are open channels possessing a dense cover of grasses and other
herbaceous plants through which runoff is directed during storm events. Above ground plant parts
(stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated
pollutants to settle. The pollutants are then incorporated into the soil where they may be
immobilized and/or decomposed.
Crib wall. Soil retention wall system composed of concrete material in a cross-hatch pattern with
rectangular openings for plants to grow.
Contour grading. Contour grading are similar to conventional grading except the slopes are
curvilinear (in plan) rather than linear, the gradients are unvarying, and the profiles are planer.
Transition zones and slope intersections generally have some rounding applied resulting in pad
configurations that are mildly curvilinear.
Conventional grading. Conventional grading is characterized by essentially linear (in plan),
planar slopes surfaces with unvarying gradients and angular-slope intersections resulting in pad
configurations that are rectangular and uncommonly found in natural slopes.
Custom lot. A lot that contains at least 10,000 square feet of pad and on which a custom-
designed structure will be built.
Cut. A portion of land surface or areas from which the earth has been removed or will be
removed by excavation;the depth below the original ground surface or excavating surface.
October 19, 2004 51
Defensible space.The area between a structure and a potential oncoming wildfire where
the vegetation has been modified to reduce the wildfire threat and which provides an opportunity
to effectively defend the structure. This is also known as Survivable Space.
Detached unit. A dwelling that is not connected or any way attached to any other dwelling unit.
Detention basins. A basin for the temporary storage of stormwater in a Best Management
Practice, which is used to control the peak discharge rates, and which provides gravity settling of
pollutants.
Drip Line. Area around the tree trunk that generally includes the spread of the tree
branches. It also may refer to that area around a structure that is beneath the roof overhang.
Drought tolerant. Non-native species that can survive extended periods of time with
little or no water, and that are appropriate for a particular site without posing a threat of
invasiveness or possessing characteristics of invasive species or noxious weeds.
Earthwork. Excavation and embankment of earth.
Edge.The perimeter areas of a development plan.
Elevation.Vertical distance in feet above sea level.
Erosion. The process by which the soil and rock components of the earth's crust are wom away
and removed from one place to another by natural forces such as weathering, solution, and
transportation.
Excavation. The removal of earth material, including soil and rocks.
Face of curb. The location at which the pavement section of a street ends and curb begins.
Fill. The depositing of soil, rock or other materials by other than natural means.
Floor-Area Ratio (F.A.R.).The ratio of gross building floor area on a pad to the total land area of
the pad. For the purposes of this definition, gross floor area shall include the square footage of
all structures on a pad, as measured from the outside of the exterior walls. Gross floor area shall
not include the first 600 square feet of attached garages, decks, balconies, covered patios, the
total combined square footage of any and all accessory structures and detached garages up to
600 square feet inclusive, and attics that do not exceed a height of five feet as measured from the
top of ceiling joist(floor)to the bottom of the ridge beam (ceiling).
Fuel modification zone (FMZ). A fuel modification zone is a wide strip of land where
combustible vegetation has been removed and/or modified and partially or totally replaced with
drought-tolerant,fire-resistive plants to provide an acceptable level of risk from wildland fires.
Garage. Any detached accessory building, or an accessory portion of a principal building
enclosed on three sides by permanent walls, having a roof and a vehicle entrance door, and
designed to be used primarily for the shelter and storage of motor vehicles owned or operated by
the occupants of the principal buildings.
Geogrids. Net-shaped, synthetic, polymer-coated fibers that are used to reinforce earth-fill
slope, wall, and base layer construction. Incorporated in the base layers of paved or finished
surfaces, or in surface layers of walls and slopes, they provide a stabilizing force within the soil
structure itself.
Grade. The degree of rise or descent of a sloping surface.
October 19, 2004 52
Hillside area. Any property containing slope areas often (10)percent or greater.
Horizontal and vertical building envelopes. The maximum width and height of a structure
based on minimum setback requirements and maximum building height limitations for the zone
within which the project is located. These envelopes may be utilized to evaluate visual impacts
when specific architectural plans are not provided for subdivision review.
Hydrozones. Areas in an irrigation system that necessitate specific watering requirements due to
plant material type.
Intermediate slopes. 2:1 slopes less than 10 vertical feet in height used chiefly for utilitarian
purposes and are not readily visible such as side slopes and buried water tanks. (make sure
definition in Development Standards are the same.)
Invasive species. Non-native species whose introduction does or is likely to cause economic or
environmental harm or harm to human health and which tend to disrupt natural ecosystems by
displacing native species.
Impact area. Area(s) where natural ground surface is impacted or disturbed by grading
activities.
Impervious. Land surfaces which do not allow, or minimally allow,the penetration of water.
Jurisdictional wetlands. Wetlands that fall under the authority of the U.S.Army Corps of
Engineers under Section 404 of the U.S. Water Act.
Landform grading. Characterized by a variety of shapes including convex and concave forms
that mimic stable natural slopes. They are non-linear in plan view, have varying slope gradients,
and significant transition zones between human-made and natural slopes resulting in pad
configurations that are irregular.
Landscape area. Part of the property exclusively set aside for living plant materials and
associated non-living ornamental materials such as mulch, fencing, walls or decorative rock.
Loaded street. A street from which a private driveway or driveways takes direct access.
Loffelstein walls. Retaining wall system based on pre-cast concrete units that stack and
interlock by friction to create a gravity style retaining wall.
Lot. A parcel of land, as shown on a subdivision map or Assessor's Parcel Map, occupied or
intended for occupancy by one main building, together with any accessory buildings including the
open spaces required of the Hillside Regulations and having adequate frontage on a public or
private street.
Minimal grading. Grading that'is limited to the individual flat pad areas for residential building
sites, with minimal cut and fill. Grading shall be limited to only the required building area and
adjoining infrastructure.
Manufactured slope. Human-made slope created by grading that consists wholly of cut or filled
material.
Native plants. Plant species occurring naturally and native to a given ecosystem or plant
community.
October 19, 2004 53
Natural slope. A slope that is not man-made. A natural slope may retain the natural vegetation
during adjacent grading operations or it may be partially or completely removed and replanted. A
natural slope is a slope that has not been graded nor the surface manufactured in any manner
other than by natural forces.
Natural vegetation. Plant materials which are indigenous to the area and exist on a site prior to
any construction or earth moving activity.
Noxious weeds. Plant species designated as such by the Secretary of Agriculture,
Secretary of the Interior, or by State law or regulation. Generally, noxious weeds will possess one
or more of the characteristics of being aggressive and difficult to manage, parasitic, a carrier or
host of serious insects or disease. Other characteristics of noxious weeds are plants that are non-
native, or new, to or not common to the United States or parts thereof. Noxious weed species
have extensive and costly impacts on human health, safety, commerce, recreation, and general
well-being. Noxious weeds can adversely affect food production, wilderness values, wildlife
habitat, visual quality, forage production, reforestation, recreational opportunities, natural wildfire
regimes, and land values.
Open space. The area of a lot which is not occupied by building coverage, parking lot or
driveway.
Open space, common. Land within or related to a development, not individually owned nor
available for general public use, which is designed and intended for the common use or
enjoyment of the residents of the development and may include such complementary structures
and improvements are as necessary and appropriate.
Open space, improved. Open space that is developed for active recreational use with
improvements such as, but not limited to, sports fields or turf area, sports courts, concrete or
other decking area, playgrounds, and enclosed recreation buildings, all either for general public
use or as common open space for a development project.
Open space, natural. Open space or area that is permanently set aside for public or private use
and is not nor will be developed or improved in any manner beyond the establishment of trails
and viewing areas. The space may be used for passive recreation or may be reserved to protect
or buffer natural areas.
Owner/developer/builder. An individual, firm, association, syndicate, partnership or corporation
having sufficient proprietary interest to seek development of land.
Pad. The flat buildable area of a lot that does not exceed two percent crossfall in any direction
and does not include any slopes on which a building will be sited.
Pad edge. That component of a graded pad area defined by either the toe or top of a slope,
whether artificially created or existing as a natural slope.
Plant Palette. A list of plants or vegetation that is recommended to be planted in the Residential
Hillside Zone.
Privacy wall. Any wall other than a retaining wall that serves to separate private property from
public or common areas.
Puddling. The formation of small pools of water or any other liquid due to depressions on the
surface that have not outlet.
October 19, 2004 54
Re-created ridgeline. In cases when a ridgeline, due to past activities has been eliminated, a re-
created ridgeline is the replacement of the eliminated ridgeline through landform grading and
berming practices.
Retaining wall. A wall or terraced combination of walls used solely to retain material or water but
not to support or to provide a foundation or wall for a building.
Right-of-way. An area of land, either public or private, on which an irrevocable right of passage
has been recorded for the use of vehicles and/or pedestrians.
Rock outcropping. Any surface rock or group formation of rocks that are part of and connected
to a bedrock formation.
Sensitive species. Plant or animal species which are susceptible to habitat changes or impacts
from activities. The official designation is made by the USDA Forest Service at the Regional level
and is not part of the designation of Threatened or Endangered Species made by the US Fish
and Wildlife Service.
Sensitive habitat. The environment in which sensitive species lives or grows.
Significant Ridgeline. A long, conspicuous, continuous elevated landform that forms a part of
the natural backdrop and skyline to the City of Brea. Said landform may consist of one or more
ridge features each of varying elevations dependent on the characteristics of the ridgeline being
evaluated.
Slope. An inclined ground surface, the angle of which is expressed as a ratio of horizontal
distance to vertical distance.
Slope face. The slopes located directly below, and leading up to, the crest of a significant
ridgeline or prominent landform.
Slope grade. The relationship (ratio) between the change in elevation (rise) and the horizontal
distance (run)over which that change in elevation occurs. The percent of steepness of any given
slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100.
Split level construction. An approach to grading and development of a structure whereby the
foundation of the structure is placed on more than one graded pad area.
Split level roads. Roads which are constructed so as to have two (2) traffic ways, each at a
different level within the same right-of-way.
Subdivision development plan. Specific development plans for an approved tentative map,
including plot plans, building elevations, grading plans and landscape plans applicable to
individual lots within said tentative map.
Super slopes. Manufactured slopes that exceed 45 vertical feet in height. Super slopes serve
three beneficial purposes: 1) Super slopes allow for landscaping opportunities in hillsides while
preserving off-site views within a hillside community. 2) Super slopes create a visual break
between terraced rows of housing units. 3) Super slopes help conform to natural topography by
blending manufactured slopes with the height of adjacent natural slopes.
Swale. Open channels possessing a dense cover of grasses and other herbaceous plants
through which runoff is directed during storm events. Above ground plant parts (stems, leaves,
and stolons) retard flow and thereby encourage particulates and their associated pollutants to
settle. The pollutants are then incorporated into the soil where they may be immobilized and/or
decomposed.
October 19, 2004 55
Terracing. The method separating and elevating one development area above another
development area by a slope.
Toe of slope. That portion of intersection created by the bisection of a horizontal plane by a
transverse plane with a deflection angle less than 90 degrees.
Top of slope. That portion of intersection created by the bisection of a horizontal plane by a
transverse plane with an angle of impose greater than 90 degrees.
Topography.The surface relief of slope of any given area of land.
Visual dominance. Any object as viewed from a public area or public right-of-way that
supersedes the presence of all other elements in the area shall be considered to be visually
dominant.
Viewshed. Areas of development that can be viewed from arterial roads, freeways, major
collector roads and public gathering places such as major shopping centers, etc.
Unloaded street. A street on which no front entrance or driveway of a home is located.
October 19, 2004 56
Suggested Plant Palette- Brea Hillside Zoning Ordinance
Trees
Latin/Botanical Name Common Name
Acacia baileyana Bailey Acacia
Acacia decurrens Green Wattle
Acacia longifolia Sydney Golden Wattle
Acacia melanoxylon Blackwood Acacia
Albizia julibrissin Silk Tree
Arbutus unedo Strawberry Tree
Brachychiton populneus Kurrajong Bottle Tree
Cedrus atlantica & cvs Atlas Cedar.
Cedrus deodara & cvs Deodar Cedar
Cercis canadensis& cvs Eastern Redbud
Cercis occidentalis Western Redbud
Cupressus sempervirens Italian Cypress
Geijera parviflora Australian Willow
Jacaranda mimosiflia Jacaranda
Juglans califomica Southern California Black Walnut
Lagerstroemia indica & cvs Crape Myrtle
Laurus nobilis Sweet Bay
Leptospemwm laevigatum Australian Tea Tree
Lyonothamnus tloribundus & var. Catalina Ironwood
Metrosideros excelsus New Zealand Christmas Tree
Olea europaea& cvs Olive
Pinus coulteri Coulter Pine
Pinus eldarica Afghan Pine
Pinus halepensis Aleppo Pine
Pinus pinea Italian Stone Pine
Pinus torreyana Torrey Pine
Platanus acerifolia London Plane Tree
Platanus racemosa Western Sycamore
Prunus caroliniana Carolina Laurel Cherry
Prunus lyonii Catalina Cherry
Punica granatum & cvs Pomegranate
Quercus agrifolia Coast Live Oak
Quercus engelmannii Mesa Oak
Quercus ilex Holly Oak
Quercus suber Cork Oak
Rhus lancea African Sumac
Robinia pseudoacacia Black Locust
Sambucus mexicana Blue Elderberry
Schinus molle Pepper Tree
Schinus polygamus Peruvian Pepper
Schinus terebinthifolius Brazilian Pepper
Shrubs& Vines
Latin/Botanical Name Common Name
Acacia longifolia Sydney Golden Wattle
Aesculus californica California Buckeye
Alyogyne huegelii Blue Hibiscus
Arbutus unedo 'Compacta' Dwarf Strawberry Tree
Artemisia arborescens Shrubby Wormwood
Artemisia californica& cvs California Sagebrush
October 5, 2004
Artemisia 'Powis Castle' NCN
Azalea southern indica Sun Azalea
Baccharis p. consanguinea Chaparral Broom
Bergenia cordifolia Heartleaf Bergenia
Bougainvillea spectabalis Bougainvillea
Calliandra eriophylla Fairy Duster
Calliandra haematocephala Pink Powder Puff
Calliandra tweedii Trinidad Flame
Ceanothus 'Concha' NCN
Ceanothus 'Dark Star' NCN
Ceanothus 'Frosty Blue' NCN
Ceanothus gloriosus& cvs Point Reyes Ceanothus
Ceanothus griseus& cvs Carmel Ceanothus
Ceanothus 'Joyce Coulter' NCN
Ceanothus Julia Phelps' NCN
Ceanothus maritimus &cvs Maritime Ceanothus
Ceanothus 'Ray Hartman' NCN
Ceanothus rigidus &cvs Monterey Ceanothus
Ceanothus thyrsiflorus&cvs Blue Blossom Ceanothus
Ceanothus 'Wheeler Canyon' NCN
Cercis occidentalis Western Redbud
Chamelaucium uncinatum Geraldton Wax Flower
Cistus species &cvs Rockrose
Comarostaphylis diversifolia Summer Holly
Cotoneaster apiculatus Cranberry Cotoneaster
Cotoneaster buxifolius NCN
Cotoneaster congestus NCN
Cotoneaster horizontalis Rock Cotoneaster
Cotoneaster lacteus Red Clusterberry
Cotoneaster salicifolius Willowleaf Cotoneaster
Dendromecon species Bush Poppy
Echium fastuosum Pride of Madeira
Elaeagnus pungens Silverberry
Encelia californica California Encelia
Eriogonum fasciculatum Common Buckwheat
Feijoa sellowiana Pineapple Guava
Fremontodendron species &cvs Flannel Bush
Gelsemion sempervirens Carolina Jessamine
Grevillea species &cvs Grevillea
Hakea suaveolens Sweet-scented Hakea
Hardenbergia violacea False Sarsaparilla
Hardenbergia violaceae NCN
Heteromeles arbutifolia Toyon
Heuchera sanguinea Coral Bells
Jasminum polyanthum Jasmine
Juniperus californica California Juniper
Juniperus chinensis& cvs NCN
Juniperus Sabina &cvs Savin Juniper
Juniperus scopulorum & cvs Rocky Mountain Juniper
Lagerstroemia indica & cvs Compact Crape Myrtle
Lantana camera Yellow Sage
Lavandula species & cvs Lavender
Leptospermum laevigatum Australian Tea Tree
Leptospermum scoparium New Zealand Tea Tree
Macfadyena unguis-cati Cat's Claw
Mahonia aquifolium Oregon Grape
October 5, 2004
Mahonia 'Golden Abundance' NCN
Mahonia nevinii Nevin Mahonia
Mahonia pinata & cvs California Grape
Malosma laurina Laurel Sumac
Metrosideros excelsus New Zealand Christmas Tree
Myrica californica Pacific Wax Myrtle
Myrtus communis &cvs True Myrtle
Limonium perezii Statice
Oenothera berlanedieri Mexican Evening Primrose
Pennisetum setaceum 'Cupreum' Red Fountain Grass
Prunus caroliniana cvs Carolina Laurel Cherry
Prunus ilicifolia Hollyleaf Cherry
Prunus lyonii Catalina Cherry
Punica granatum & cvs Pomegranate
Pyracantha species &cvs Firethom
Rhamnus alatemus Italian Buckthorn
Rhamnus californica California Coffeeberry
Rhamnus crocea& var. Redberry
Rhus integrifolia Lemonade Berry
Rhus ovate Sugar Bush
Ribes aureum Golden Currant
Ribes indecorum White-flowered Currant
Ribes malevaceum Chaparral Currant
Ribes speciosum Fuchsia-flowering Gooseberry
Rosa banksiae Lady Banks' Rose
Rosa hybrids Rose
Rosmarinus officinalis& cvs Rosemary
Rumohra adiantiformis Leatherleaf Fern
Salvia apiana White Sage
Salvia greggii Autumn Sage
Salvia leucantha Mexican Bush Sage
Salvia leucophylla Purple Sage
Salvia mellifera &cvs Black Sage
Sambucus caerulea Blue Elderberry
Santolina species Lavender Cotton
Tacoma stans var. angustata Hardy Yellow Trumpet Flower
Teucrium fruticans Bush Germander
Vitex agnus-castus Chaste Tree
Westringia species NCN
Ground Covers
Latin/Botanical Name: Common Name:
Acacia redolens& cvs NCN
Ajuga reptans Carpet Bugle
Arctostaphylos edmundsii&cvs Little Sur Manzanita
Arctostaphylos 'Emerald Carpet' NCN
Arctostaphylos uva-ursi& cvs Bearberry
Artemisia californica & cvs Prostrate California Sagebrush
Baccharis 'Centennial' NCN
Baccharis pilularis & cvs Prostrate Coyote Brush
Bougainvillea cultivars Bougainvillea
Campanula poscharskyana Serbian Bellflower
Ceanothus g. var. horizontalis Carmel Pepper
Ceanothus g. var. h. 'Yankee Point' NCN
October 5, 2004
Ceanothus 'Joyce Coulter' NCN
Ceanothus maritimus &cvs Maritime Ceanothus
Cistus salviifolius Sageleaf Rockrose
Cotoneaster adpressus Creeping Cotoneaster
Cotoneaster dammeri& cvs NCN
Cotoneaster horizontalis Rock Cotoneaster
Cotoneaster horizontalis perpusillus Rock Spray Cotoneaster
Cotoneaster salicifolius 'Repens' NCN
Cynodon dactylon hybrids 'Santa Ana' Hybrid Bermuda Grass
Eriogonum fasciculatum &cvs Common Buckwheat
Festuca ovina glauca Blue Fescue
Frageria chiloenis& cvs Strawberry
Gazania species& cvs Gazania
Juniperus chinensis & cvs NCN
Juniperus horizontalis & cvs Creeping Juniper
Lantana montevidensis&cvs Trailing Lantana
Lonicera japonica 'Halliana' Hall's Japanese Honeysuckle
Mahonia aquifolium 'Compacta' Compact Oregon Grape
Mahonia repens Creeping Mahonia
Pryracantha species&cvs Firethom
Ribes vibumifolium Evergreen Currant
Rosmarinus officinalis & cvs Prostrate Rosemary
Scaevola 'Mauve Clusters NCN
Sedum species Stonecrop
Senecio mandraliscae NCN
Teucrium cossonii NCN
Verbena species & cvs Verbena
Perennials
Latin/Botanical Name: Common Name:
Achillea species& cvs Yarrow
Agapanthus africanus & cvs Lily of the Nile
Anigozanthos species& cvs Kangaroo Paw
Armeria maritime Sea Pink
Brachycome multifida Cut-leaf Daisy
Centaurea species Dusty Miller
Centranthus Tuber Red Valerian
Cheiranthus 'Bowles Mauve' Shrubby Wallflower
Convolvulus cneorum Bush Morning Glory
Convolvulus mauritanicus Ground Morning Glory
Coreopsis species & cvs Coreopsis
Dietes species& cvs Fortnight Lily
Diplacus species&hybrids Monkey Flower
Epilobium species & cvs California Fuchsia
Eschscholzia califomica California Poppy
Helictotrichon sempervirens Blue Oat Grass
Hemmercallis hybrids& cvs Evergreen Day Lily
Heuchera species & cvs Coral Bells
Iris douglasiana & cvs Pacific Coast Ins
Limonium perezii Sea Lavender
Muhlenbergia species NCN
Oenothera species Mexican Evening Primrose
Pennisetum setaceum &cvs Fountain Grass
Penstemon species& cvs Western Natives
Perovskia atriplicifolia Russian Sage
October 5, 2004
Phormium tenax&cvs New Zealand Flax
Romneya coulteri& cvs Matilija Poppy
Salvia species &cvs Sage
Senecio cinerada Dusty Miller
Sisyrinchium bellum Blue-eyed Grass
Shpa tenuissama Mexican Feather Grass
Tagetes lemmonii Mountain Marigold
Thymus species& cvs Thyme
Tulbaghia violacea & cv Society Garlic
Verbena species & cvs Verbena
Zantedeschia aethiopica Calla Lily
Agave, Cacti, Succulents, and Yucca
Latin/Botanical Name: Common Name:
Agave americana Century Plant
Dasylinon species Desert Spoon
Echeveria species Echeveria
Nolina species Bear Grass
Opuntia species Prickly Pear, Cholla
October 5, 2004
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Town of Truckee : Chapter 18.36 Page 1 of 5
r
CHAPTER 18.36
Hillside Development Standards
Back to Development Code
Sections:
. 18.36.oio-Purpose of Chapter
. 18-36.020-Applicability
. 18-36.030-Application Content
. A-36.040-Standards for Hillside Development
. 18-36.050-Design Criteria for Hillside Development
. 18.36.o6o-Criteria for Use Permit Approval
18.36.oio-Purpose of Chapter
This Chapter establishes regulations for development within hillside areas in order to:
A. Preserve and protect the views to and from hillside areas in order to maintain the identity,
image and environmental quality of the Town;
B. Ensure that development in the hillside areas is concentrated on the most level portions of
the site,is in locations with.the least environmental impact,and is designed to fit the existing
land forms;
C. Preserve significant features of the natural topography,including swales,canyons,knolls,
ridgelines,and rock outcrops;
D.Correlate intensity of development with the steepness of terrain in order to minimize the
impact of grading,unnecessary removal of vegetation,land-instability,and fire hazards;and
E. Provide alternative approaches to conventional flat land development practices by
achieving land use patterns and intensities that are consistent with the natural characteristics
of hillside areas including slopes,land form,vegetation and scenic quality.
18-36.020-Applicability
A.Hillside area.The standards of this Chapter apply to all uses,subdivisions,and
structures proposed on development sites with an average slope of 10 percent or greater or on
development sites with any slopes of zo percent or greater;except that single-family
dwellings,secondary residential units,duplexes,and residential accessory structures shall be
exempt from the provisions of this Chapter.
B.Basis for slope determinations.For the purpose of this Chapter,slope shall be
computed on the natural slope of the land before grading is commenced,as determined from
a topographic map having a scale of not less than one inch equals too feet and a contour
interval of not more than five feet.See Chapter 18.220 (Definitions,Glossary)for definitions
on simple slope and complex slope and how to measure slope.
C.Use Permit required.Hillside developments other than subdivisions with any
development,including roads,streets,and driveways,proposed on slopes of 20 percent or
greater shall be subject to the approval of a Use Permit in compliance with Chapter 18.76.A
soil and geotechnical study that identifies special constraints and mitigation measures to
minimize grading,unstable soils,and erosion shall accompany the use permit application.
The geotechnical study shall also analyze the landslide hazards of the site and their potential
effect.
18.36.030-Application Content
Land use permit and subdivision applications for projects proposed within hillside areas shall
include all information and materials required by Section 18-70.040 (Application Preparation
and Filing),and all additional information required by the Director on the basis of site
Town of Truckee : Chapter 18.36 Page 2 of 5
topography.
18.36.040-Standards for Hillside Development
A.Minimum lot area.The minimum lot area for new subdivisions in hillside areas shall be
determined by the applicable zoning district,except where housing units are clustered and the
project is approved as a Planned Development in compliance with Chapter 18.78.
B.Clustered development required. Proposed hillside development shall be clustered in
compliance with Chapter 18.46(Open Space/Cluster Requirements).
C. Preservation of steep slopes.Slopes of 30 percent or greater shall be permanently
preserved as open space. Permanent open space areas may be used in compliance with
Section 18.46.o6o(Open Space Standards).Grading,structures,and/or streets on slopes
exceeding 20%shall be avoided if there is sufficient area on the site with slopes less than 20%
to accommodate development and streets.The Planning Commission may authorize grading
and structures on slopes exceeding 30%only if the Commission finds there is not sufficient
area on the parcel with slopes less than 30%to accommodate a reasonable development,and
measures have been incorporated into the development to minimize disturbance of the terrain
(e.g.use of stem walls,split foundations).
D.Setbacks between structures and slopes.Proposed structures shall be set back from
slopes as follows,based on the difference in the vertical elevation between adjoining parcels.
The difference in vertical elevation shall be measured as shown in Figure 3-9.(See Figure 3-9,
Slope Setbacks)
1.On adjacent parcels having a differ-ence in vertical elevation of three feet or more,
the required side yard shall be measured from the toe or top of slope to a structure,
which-ever is nearer.
2.On adjacent parcels having a difference in vertical elevation of six feet or more,
the minimum distance between the toe or top of the slope,whichever is nearer, and
a main structure shall be 15 feet.Greater setbacks may be required when elevation
changes greater than six feet are proposed.
E. Height limits.The height of structures in a hillside area shall not exceed the maximum
established by the applicable zoning district. Measurement of structure height shall be as
provided in Section 18.30.090(Height Measurement and Height Limit Exceptions). Lesser
heights may be required where the structure may impair prominent view's to or from hillside
areas or prominent ridgelines.
F.Grading and drainage.
i. Grading shall be designed to:
a. Conserve natural topographic features and appearances by minimizing
the amount of cut and fill and by means of landform grading to blend
graded slopes and benches with the natural topography;and
b.Retain major natural topographic features(i.e.,canyons,knolls,
ridgelines,and prominent landmarks.)
2. Grading plans shall identify slopes that are to be landform graded."Landform
grading"means a contour grading method that creates artificial slopes with curves
and varying slope ratios in the horizontal plane designed to simulate the appearance
of the surrounding natural terrain. (See Figure 3-ro, Landform Grading)
3.Lot pad grading for subdivisions shall be limited to the structure footprint,
vehicle parking space and a yard area as shown on the approved grading plan. Lot
pad grading shall be reviewed and approved as part of the subdivision process. Pads
shall not exceed 5,000 square feet in total area.Smaller pad areas may be required.
4.Cut and fill slopes shall be designed and constructed to not exceed a vertical
height of r0 feet,unless the review authority approves slopes of greater height with
benching,terracing,and/or the use of retaining walls.
Town of Truckee : Chapter 18.36 Page 3 of 5
5.All graded areas shall be protected from wind and water erosion.Interim erosion
control plans shall be required,certified by the project engineer,and reviewed and
approved by the Town Engineer.Permanent erosion control measures in
accordance,with Best Management Practices of the"Project Guidelines for Erosion
Control for the Truckee River Hydrologic Unit"as adopted by the Lahontan
Regional Water Quality Control Board shall be required.
6.Slopes created by grading shall not exceed a ratio of 2:1(vertical:horizontal),
except where the Director determines that a greater slope is appropriate,based on a
soils report and stabilization study.
18.36.050-Design Criteria for Hillside Development
The following design criteria shall be implemented in the design and construction of projects
on hillsides whenever applicable:
A.Preservation of topography.The natural contour of the site is an important
characteristic of the site,and new buildings should try to minimize alterations to the
perceived slope of the area.Site grading should be sensitive to existing land forms and
topography so that the natural setting may be preserved to the greatest extent possible. Every
effort should be made to minimize the limits of construction on the site,and all stockpiling of
materials and equipment and equipment storage should occur within those limits.Abrupt
grade changes on property lines should not be permitted.Grade changes within tree driplines
should be avoided.
B.Terrain alteration.The project shall be designed to fit the terrain rather than altering
the terrain to fit the project. Development patterns which form visually protruding horizontal
bands or steeply cut slopes for roads or lots shall be avoided.
C.Street layout.Streets shall follow the natural contours of the terrain in order to minimize
the need for grading.Cul-de-sacs and loop roads are encouraged where necessary to fit the
natural topography subject to the approval of the Town Engineer and the Truckee Fire
Protection District;
D.Site and structure design.Site design shall utilize varying structure and setbacks,
heights,split-level foundations,and retaining walls to terrace structures with the direction of
the slope;
E. Lot line locations. Lot lines shall be placed at the top of slope areas to help ensure that
the slope will not be neglected by the up-hill owner; (See Figure 3-11,Lot Line Location)
F. Design and location of structures.Structures proposed on slopes shall be designed
and located as follows.
1.The form,mass,and profile of the individual buildings and architectural features
should be designed to blend with the natural terrain and preserve the character and
profile of the natural slope. Some techniques which may be considered include:
a. Split pads,stepped footings and grade separations to permit structure
to step up the natural slope.
b. Detaching parts of a dwelling(e.g.,a garage).
z. Excessive cantilevers should be avoided on downhill building elevations.
3.Structures should be placed partly underground or utilize below grade rooms to
reduce effective bulk and to provide energy efficient and environmentally desirable
spaces. However,the visible area of the building shall be minimized through a
combined use of regrading and landscaping techniques.
q. Roofs on lower levels should be used as the deck open space of upper levels.
5.Architectural treatment shall be provided to all sides of the structure visible.
6. Exterior structural supports and undersides of floors and decks not enclosed by
Town of Truckee : Chapter 18.36 Page 4 of 5
walls shall be permitted provided fire safety and aesthetic considerations have been
adequately addressed.
7. Building materials and color schemes should blend with the natural landscape of
earth tones and natural vegetative growth.
8.To the extent possible,the width of a building measured in the direction of the
slope,shall be minimized in order to limit the amount of cutting and filling and to
better"fit'the house to the natural terrain.
9. Structures should be placed to minimize disturbance of natural vegetation on
slopes of in percent or greater.
G. Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining
walls over five feet in height shall be divided into elements and terraces with landscaping to
screen them from view.Generally,no retaining wall should be higher than in feet.Where
feasible,retaining walls should be constructed of the same materials as the primary buildings
on the site. (See Figure 3-12,Retaining Wall Materials)(See Figure 3-13,Retaining Wall
Design)
H. Open space preservation. Open space may be preserved by reducing the width of
street improvements,reducing sidewalk widths,using common driveways and clustering
units subject to the approval of the Town Engineer and Truckee Fire Protection District.
1.Slope restoration.Transitional slopes shall be replanted with self-sufficient trees,shrubs
and ground cover that are compatible with existing surrounding vegetation in order to
enhance the blending of manufactured and natural slopes.Cuts and fills shall have good
surface drainage and shall be revegetated and terraced or controlled by retaining walls to
protect against erosion and sedimentation. (See Figure 3-14,Slope Restoration)
J. Road alignment.The alignment of roads and driveways should follow the contours of the
site.By meandering roads and driveways to follow land forms,it is possible to minimize cuts
and fills,preserve natural drainage patterns,and produce roads that are easily negotiated.
Roads should not be constructed perpendicular to contours.
K. Reduced street widths.On-street parking lanes may be omitted from streets when the
result is a substantial decease in cutting and/or filling.Off-street parking areas shall be
provided to yield a ratio of one additional space per dwelling unit.
L. Preservation of ridgelines. Prominent ridgelines shall be preserved.Structures located
adjacent to prominent ridgelines should complement,rather than provide a stark contrast
with,the natural landform(s). Structures shall not be closer to a prominent ridgeline than too
feet measured horizontally on a topographic map.In no case,shall the roofline or any other
portion of a structure extend above the line of sight between a ridgeline and any public right-
of-way,whether the ridgeline is above or below the right-of-way.(See Figure 3-15,
Development Does Not Preserve Ridgeline)(See Figure 3-16,Development Preserves
Ridgeline)
18.36.o6o-Criteria for Use Permit Approval
The Commission shall evaluate a Use Permit application for hillside development based on
the following objectives,and the findings required for Use Permits by Chapter 18.76:
A.The preservation of natural topographic features and appearances by means of landform
grading so as to blend constructed slopes into the natural topography;
B.The preservation of natural topographic features and appearances through restrictions on
successive padding and terracing of building sites;
C.The retention of major natural topographic features-drainage courses,steep slopes,
watershed areas,vernal pools,view corridors,and scenic vistas;
D.The preservation and enhancement of prominent landmark features-significant
ridgelines,rock outcroppings,prominent trees and woodlands,and other areas of special
natural beauty;
J
Town of Truckee : Chapter 18.36 Page 5 of 5
E.The use of varying setbacks,building heights,foundation designs and compatible building
forms,materials,and colors which serve to blend buildings into the terrain;
F.The use of clustered sites and buildings on more gently sloping terrain so as to reduce
grading alterations on steeper slopes;
G.The use of building designs,locations,and arrangements which serve to avoid a continuous
intrusive skyline effect and which afford view privacy and protection;
H.The preservation and introduction of plant materials to protect slopes from soil erosion
and slippage and minimize the visual effects of grading and construction of hillside areas;and
I.The use of street designs and improvements which serve to minimize grading alterations
and harmonize with the natural contours and character of the hillsides.
Back to Development Code
9.71.060 HILLSIDE SUBDIVISIONS
A. Purpose. The Town of Apple Valley is located among a series of major and minor hills and knolls. These
hills and knolls are unique, in the high desert, to the Town and constitute a significant topographical feature
worthy of preservation. They are visible to all persons traveling the major highways through the Town as
well as to persons residing in and around the Town. The purpose of the this Section is to implement the
goals and policies of the General Plan as they relate to the preservation of the hillside areas, the promotion
of single family, detached housing and other developments in the hillside areas, the maintenance of Open
Space areas and the retention of scenic and recreational resources of the Town. The planning and
development of hillside areas involves special challenges and requirements. promote the preservation of
natural features including hillsides, rock outcroppings and natural vegetation. This Section shall apply
when slopes of fifteen(15)percent or greater are located within the proposed development. The percentage
of slope shall be defined as rise divided by run, as shown in Figure 9.56.060-A.
B. Objectives. The following objectives are established for hillside developments:
1. To protect people and property from potentially hazardous conditions unique to hillsides, such as,
rockslides and landslides,and increased fire hazard;
2. Promote the preservation of natural features including hillsides, rock outcroppings and natural
vegetation;
3. Accommodate development on the lower slopes of the hillside while protecting the area's natural
character, resources and aesthetic value;
4. Encourage innovative hillside development by allowing the flexibility necessary to produce
unique,environmentally sensitive projects;
5. Avoid mass grading techniques in all hillside areas. Limit grading to respect natural contours and
preserve ridgelines;
7. Maintain natural drainage courses to the greatest extend possible.
8. Minimize hillside disturbance and potential problems, such as construction scars, erosion,
increased storm water run-off and downstream Flood hazards.
9. Minimize costs to the Town of providing public services and facilities to developable hillside
areas.
asap,
•sao--•--"»
Slope = Rise x 100
Slope =22, x 100 -BBO
VBSTm CH G8 N HLMTW (MET) -850•
Slope = 22% -840,
-ssa
_820•
NOIUZO1 Tf CH GS W RL=TMN(nRT) ELEVATION IN FEET
Figure 9.71.060-A Measurement of Slope
C. Additional Application Materials for Specific Plans. Specific plan applications for areas that include
hillside areas shall include the following additional application materials:
1. A preliminary grading plan showing structure footprints;
2. A narrative describing the setting of the site and the slopes;
3. Cross-sections and line-of-site analyses;
4. Color photos showing any rock outcroppings, natural water courses, vegetation and other natural
features;
5. Also, the site shall be surveyed and staked for field reference.
D. Ridgeline Development. Development is not permitted along visually prominent ridgelines within the
Town in order to preserve the existing backdrop to the community and to maintain the open character of
such ridgelines in and around Apple Valley. For purposes of this Chapter "Visually Prominent Ridgelines"
is defined as those ridgelines visible from the valley floor or from major thoroughfares in and around the
Town.
E. Existing Lots. If, prior to the adoption of this Chapter, parcels were legally subdivided into lots smaller
than those permitted in Section 9.56.060.H.2 of this Code, an owner may construct one residential unit on
said lot. In that situation, this Chapter shall be used to assist in locating the least environmentally
destructive and most aesthetically appropriate building pad site.
F. Grading Techniques. The following are the four primary types of grading that can occur on a site:
1. Split Pad Grading. This type of grading reduces the massiveness of both the earth cuts and the
architectural design. Structures should be limited to one story. Site designs should adhere to the
natural contours and site conditions as shown in Figure 9.56.060-B.
rms NOT TI+G7S
° say
Figure 9.71.060-B Split Pad Grading
2. Contour Grading. Contour grading avoids the imposition of artificial angles and slope cuts on
hillsides. The principles of contour grading shall be applied to road cuts, large pad excavation and
fill, and detention/retention basins as shown in Figures 9.56.060-C and D.
3. Natural Grading. Natural grading selectively creates pads where natural opportunities exist, soil
conditions and groundwater courses are respected to a maximum degree. Natural vegetation is
preserved and desert washes and ridgelines are left in a natural condition as shown in Figure
9.56.060-E.
4. Conventional Mass Grading. Conventional grading generally alters the natural landscape
severely; native vegetation is lost, biotic communities are displaced, natural slopes are altered or
replaced, and erosion potentials increase. Therefore, conventional mass grading is not permitted
in hillside areas.
THIS NOT27M
won sesin Mention Eaeia
Figure 9. 71.060-C Contour Grading
THIS NOT THIS
Smeet follotaitig tcntostrs 1�3aat�sCdoed crnuotrrs
Figure 9. 71.060-D Contour Grading
THIS NOT THJS
Sve=W preserved Elimination of stre=bed
Figure 9. 71.060-E Natural Grading
G. Erosion Control. Grading plans for hillside areas shall include temporary and permanent erosion control
plans. Temporary methods shall include.but are not limited to:
1. Sandbagging;
2. Use of watering trucks at specified intervals;
3. Hydroseeding;
4. Application of soil stabilizers.
Permanent erosion control methods shall include, but are not limited to:
1. • Minimal alteration of landforms and vegetation;
1. Revegetation of slopes denuded of natural vegetation;
3. Installation of irrigation systems appropriate for the desert environment.
H. Hillside Slope Zones
1. Types of Hillsides
a. Minor Slopes 15% to 20% slopes
b. Major Slopes 20% to 30% slopes
C. Steep Slopes 30% slopes or greater
2. Maximum Permitted Residential Densities(')
a. Minor Slopes I unit per acre(2)
b. Major Slopes I unit per 5 acres(2)
C. Steep Slopes I unit per twenty acres
1. Slope Zone Development
1. Minor Slopes- 15%to 20%
N
1
Figure 9.77.060-F Minor Slopes - 15% to 20%
a. Heights. Heights should be limited to twenty-five (25) feet from grade and subterranean
garages and rooms are encouraged. Pads should be split to reduce the impact of
manufacturing a larger, traditional pad.
b. Open Space Development Standards. Development shall retain the following minimum
amount of undisturbed native open space.
Minor Slopes: 55%
Major Slopes: 60%
Removal of native vegetation shall require review and approval of a Grading Plan or
Native Vegetation Removal Plan and a Revegetation Plan by the Building and Safety
Division.
(1) Resort units are permitted at the same densities.
(2) The maximum allowable density for future subdivisions in the Open Space districts is one(1)dwelling unit
per twenty(20)acres.
C. Development standards. The maximum permitted density is one (1) unit per acre and at
least fifty (50)percent of the lot shall be left undisturbed. Existing native vegetation may
be removed upon the submittal to and approval by the Building and Safety Division of a
removal plan.
d., Fencing
1) Residential. Closed privacy fencing shall be limited to the immediate area
around the home or outbuildings, utilize large courtyard areas to provide private
outdoor space. The balance of the lot shall remain open or fenced with open
type fencing material.
2) Commercial. Fencing at commercial development shall be limited to that
needed for screening or security purposes.
e. Flag lots. Flag lots are permitted if the terrain is such that developable land can only be
accessed in that manner. Flag lots are limited to areas constrained by topography and the
need to preserve natural features and are not permitted simply to maximize unit count.
f. Garages and driveway approaches. Garages may be attached or detached. Driveway
approaches shall be contoured to the natural terrain.
g. Lot Dimensions. Minimum average lot widths for one(1)acre lots in this slope category
shall be one hundred fifty (150) feet. Lots shall be designed to incorporate logical,
landform related boundaries such as hill tops,ravines or washes.
h. Setbacks. Building setbacks, in this slope category, for any structure requiring a building
permit, are:
I) Front Minimum of thirty-five(35)feet
2) Street side Minimum of twenty-five(25)feet
3) Side Minimum of fifteen(15)feet
4) Rear Minimum of fifteen(15)feet
i. Commercial developments. Commercial developments in minor slope areas shall be
limited to those uses that are accessory uses, such as restaurants,pro shops,etc.
j. Industrial developments. Industrial developments are not permitted in hillside areas,
except as may be otherwise permitted in this Development Code,e.g., mining.
2. Major Slopes-20.1%to 30%
a. Heights. Heights should be limited to twenty-five (25) feet from grade and subterranean
garages and rooms are encouraged. Pads should be split to reduce the impact of
manufacturing a larger,traditional pad.
M
Figure 9.71.060-G Major Slopes - 20.1% to 30%
b. Form. The form of the structure shall follow the landform in terms of scale, roof line,
projections and bulk. Split pad grading is strongly encouraged.
C. Development standards. The maximum permitted density is one (1) unit per five (5)
acres and at least sixty-five (65) percent of the lot shall be left undisturbed. Existing
native vegetation may be removed upon the submittal to and approval by the Building
and Safety Division of a removal plan.
d. Fencing
1) Residential. Closed privacy fencing shall be limited to the immediate area
around the home or outbuildings, utilize large courtyard areas to provide private
outdoor space. The balance of the lot Shall remain open or fenced with open
type fencing material.
2) Commercial. Fencing at commercial development shall be limited to that
needed for screening or security purposes.
e. Garages and driveway approaches. Driveway approaches shall be contoured to the
natural terrain and shall approach the home in the most sensitive manner possible.
f. Grading. Preliminary grading plans shall show all contours, rock outcroppings and
access. Permitted grading techniques include:
1) Split pad grading
2) Natural grading
3) Contour grading
g. Lot Dimensions. Minimum average lot widths for five (5) acre lots shall be three
hundred (300) feet. Lots shall be designed to incorporate logical, landform related
boundaries such as hill tops, ravines or washes.
h. Setbacks. In this slope category, the minimum building setback for any structure
requiring a building permit is fifty (50) feet, this includes all setbacks, front, street side,
side and rear.
i. Commercial developments. Commercial developments in major slope areas shall be
limited to those uses that are accessory uses, such as restaurants, pro Shops, etc., to resort
developments.
j. Industrial developments. Industrial developments are not permitted in hillside areas,
except as may be otherwise permitted in this Development Code,e.g., mining.
3. Steep Slopes-30.1%or Greater
a. Heights. Heights should be limited to twenty-five(25)feet from grade and subterranean
garages and rooms are encouraged. Pads should be split to reduce the impact of
manufacturing a larger,traditional pad.
b. Form. The form of the structure shall follow the landform in terms of scale, roof line,
projections and bulk. Split pad grading is strongly encouraged.
C. Development standards. The maximum permitted density is one(1) unit per twenty (20)
acres and at least eighty-five (85) percent of the lot shall be left undisturbed. Existing
native vegetation may be removed upon the submittal to and approval by the Building
and Safety Division of a removal plan.
Figure9.71,0b0-H_ Sfffp Slopes - 30..1% or Greater
d. Fencing
1) Residential. Closed privacy fencing shall be limited to the immediate area
around the home or outbuildings, utilize large courtyard areas to provide private
outdoor space. The balance of the lot shall remain open or fenced with open
type fencing material.
e. Garages and driveway approaches. Garages may be attached if the increased mass does
not negatively impact views. Driveway approaches shall be contoured to the natural
terrain and shall approach the home in the most sensitive and inconspicuous manner
possible.
f. Grading. Preliminary grading plans shall show all contours, rock outcroppings and
access. Permitted grading techniques include:
1) Split pad grading
2) Natural grading
3) Contour grading
g. Lot Dimensions. Lot widths in this slope category shall be based on landform and
topography, not minimum linear footages. Lots shall be designed to incorporate logical,
landform related boundaries such as hilltops,ravines or washes.
h. Setbacks. In this slope category, the minimum building setback for any structure
requiring a building permit is fifty (50) feet, this includes all setbacks, front, street side,
side and rear.
i. Commercial developments. Commercial developments are not permitted in this slope
category.
j. Industrial developments. Industrial developments are not permitted in hillside areas,
except as may be otherwise permitted in this Development Code,e.g., mining.
C. Special Design Criteria
1. Lot Area and Width. Lot area and width shall be closely related to the terrain, drainage,
percolation factors or the construction of sewers, with special emphasis on the selection of
homesites and the access to the homesites.
2. Roadway Grades. Roadway grades shall not exceed twelve (12) percent unless written clearance
is given by the Apple Valley Fire Protection District and the Town Engineer.
3. Improvements. Improvements shall be in accordance with Town Standards unless otherwise
approved in writing by the Town Engineer. The location and installation of utilities shall
minimize disturbance of the natural terrain and shall not be within designated natural areas (open
space areas).
4. Driveways. All driveways shall be a minimum of twelve(12)feet in width with a maximum grade
of twenty(20)percent and surfaced to Town standards.
5. Cut and Fill Slopes. All roadway related cut and fill slopes shall be within the roadway right-of-
way or within easements; slope maintenance easements may be required.
D. Required Findings for Approval. No hillside subdivision shall be approved unless the Planning
Commission or other reviewing authority makes all of the following findings:
1. The natural topographic features of the hills and knolls surrounding the Town have been respected
and protected. Significant natural landmarks and other outstanding features such as rock
outcroppings have been retained in their natural state.
1. All development within the subdivision has been kept from natural slope areas of fifteen (15)
percent or greater except as specifically authorized by the Town of Apple Valley Development
Code.
3. The overall density or intensity of land usage in all land use districts within the subdivision
generally decrease as the slope increases.
4. The views of the hills and knolls from the valley floor and the viewshed from the hills and knolls
to the surrounding area has been adequately respected and maintained.
5. Grading has been kept to an absolute minimum in order to maintain the natural character of the
hillsides. Unavoidable grading complements natural land forms and natural drainage courses have
been preserved.
6. Mass grading of large pads and excessive terracing has been avoided in residential developments
and minimized in commercial and industrial developments.
7. Proposed development plans have utilized varying setbacks and heights for buildings, building
techniques, building forms and materials which adequately ensure the compatibility of structures
with the surrounding terrain.
8. The street and circulation design respects the natural contours of the land, minimizes grading
requirements and minimizes the percentage of land devoted to streets.
9. Altered slopes will be re-landscaped with plants that are compatible with the project's soils, terrain
and micro-climate, reduce the risk of fire, and are compatible with requirements for water
conservation.
MINUTES
1 PALM DESERT PLANNh4G COMMISSION JANUARY 19. 2010
appointed Commissioner Schmidt as the Project Area 4 Committee
representative.
XII. COMMENTS
.®.� 1 . Commissioner DeLuna stated that there is an obvious omission in
the Hillside Ordinance that she thought needed to be addressed so
that outcroppings aren't treated any differently than ridgelines. She
didn't think they needed to reinvent the wheel. A great number of
cities have already addressed this very issue in their ordinances and
she would like to move to direct staff to revisit the Hillside Ordinance
with regard to outcroppings. There are several cities that have done
this and she would be happy to help staff review the hillside
ordinances of those cities. She has downloaded several, most
notably Truckee, Nevada, Belvedere and Apple Valley, California.
She had about six or seven and they had specific ordinances. She
would be happy to share them with staff.
Mr. Erwin recommended that a motion be made to add this to the
agenda so that the Planning Commission could discuss it.
Action:
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, adding discussion of a proposed Hillside Ordinance Amendment
to the agenda by minute motion. Motion carried 5-0.
2. Chairperson Tanner had a comment he wanted to go on record. He
was a bit surprised and thought he should have said what he
thought about the application they had from Mr. Lennon. He was
strongly in favor of it and he held his comments and wanted to go on
record by saying that he was definitely in favor of it. The applicant
did comply with all requested information. He did not attend the
study session, and apologized for that, but again, he wanted to go
on record by just stating that they failed to take staff's
recommendation and they did apologize for doing things that maybe
they shouldn't have done on the ridgelines, but he thought it would
have been a great project. He asked for any other comments.
1. Continued: Mr. Erwin said it would be appropriate at this time to
consider Commissioner DeLuna's motion to direct staff since it was
added to the agenda. She made the motion and it needed a second.
Chairperson Tanner said it gets seconded and then he calls for the
vote. Mr. Erwin concurred. Commissioner Schmidt asked if they
could have discussion. Mr. Erwin further clarified that it is a second
motion to direct staff to provide the ordinance amendment adding
14
MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 19. 2010
the outcroppings, so that needed to have a second and take action
by the Commission. Chairperson Tanner thought they did that. Mr.
Erwin explained that they only added it to the agenda. It required
two separate motions. They needed to take a specific action to add
it to the agenda. That they had done and they voted on that. Now
they could consider the motion to add the outcroppings. Chairperson
Tanner asked for a motion.
Action:
It was moved by Commissioner DeLuna y
seconded b Commissioner
Limont, instructing staff to prepare an ordinance amendment to treat
outcroppings the same as ridgelines. Chairperson Tanner asked for
discussion.
Commissioner Schmidt stated that she has studied the Hillside
Ordinance and could almost recite it. It was very, very clear in
purposes of the Hillside Ordinance -that outcroppings are very
important features on all of the hillsides. She thought the last time
she was here she said that means that outcroppings cannot be a
ridgeline. The point is that the changes to the existing ordinance are
relatively minor and redefining purposes in Item C adding such
things back in the ordinance under 25.15.120 Item A 8 it actually
talks about outcroppings. She thought they had to make it very clear
that these are precious and her comment earlier about the road
being relocated, when she looked at the map it was going straight
through the major outcropping on the 7.7 acres until they told her
that they were reducing the pad size and the road wasn't going to go
through it. Those were things that were terribly important to her and
she thought to most of the people who live in the city. They need to
dot the "I's". This wasn't going to be rocket science to update this
ordinance, but it was critically important to them all and to staff to
have a more clear cut no, they may not do that, yes, you may do
this.
Commissioner Campbell pointed out that they have no say on what
the County is allowing up there with their outcroppings and
ridgelines. Whatever Palm Desert does, we have this ordinance but
they still see all this destruction in the county area. Commissioner
Limont thought they have had some really good work with them in
the last couple of years. Granted, Roy Wilson was the Supervisor,
but they had a group that was going to put homes up there several
years ago and they all went out to meet with the Supervisors and
they said at that talk that they would work with the City of Palm
Desert. Commissioner Campbell noted that they still see the
monstrosities up there. Commissioner Limont didn't disagree.
15
MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 19 2010
Commissioner Schmidt asked if that meant that they should
continue it. Commissioner Campbell said no, because they weren't
doing that. She didn't think they needed that type of ordinance. They
knew what they were voting on and they were keeping it in line with
what we want to do, but here, they were keeping Mr. Lennon from
doing this, yet they are looking up and see all this junk up there.
Commissioner DeLuna noted that they couldn't control what the
county does. Commissioner Campbell stated that was what she was
saying. So they can't control the outcroppings or ridgelines up there.
Commissioner DeLuna agreed, but said they could control the ones
in the city limits. Commissioner Campbell agreed and thought they
were doing a good job of that. Commissioner DeLuna agreed.
Chairperson Tanner hoped that staff would come back with a good
study and something to sink their teeth in.
Chairperson Tanner called for a vote. Motion carried 4-1
(Commissioner Campbell voted no).
3. Commissioner Limont thanked Van Tanner for his services as Chair.
XIII. ADJOURNMENT
It was moved by Commissioner Campbell, seconded by Commissioner
Limont, adjourning the meeting by minute motion. The meeting was
adjourned at 6:53 p.m.
LAURI AYLAIAN, Secretary
ATTEST:
VAN G. TANNER, Chair
Palm Desert Planning Commission
Am
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