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HomeMy WebLinkAbout416 - Ordinances ORDINANCE NO. 416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 89-02, AMENDING TITLE 17 OF THE MUNICIPAL CODE BY ADDING CHAPTER 17.24, SECTIONS 17.24.010 THROUGH 17.24.090, 17.06.010.C.l.g, AND 17.06.020.C.6; AMENDING SUBSECTIONS 17.06.010 .E.5, 17.08.040.B AND C, 17.08.050.E.5 , 17.18.020.D, 17.18.030.A, 17.18.030.C, 17.18.040.A.1, 17.18.040.E.5.a, AND 17.18.040.E.5.b; AND DELETING SUBSECTIONS 17.06.010 .E .5 .a THROUGH f, 17.18.040.A.1.a THROUGH e, AND 17.18.040.E.5.a.i THROUGH iv., REGARDING ESTABLISHMENT OF GUIDELINES AND STANDARDS FOR HILLSIDE DEVELOPMENT, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) On December 13, 1989, the Planning Commission of the City of Rancho Cucamonga held a duly advertised public hearing pursuant to Section 65854 of the California Government Code and recommended to the City Council that this Council adopt the Development Code Amendment as set forth in this Ordinance. (ii) On January 17, 1990, the City Council of the City of Rancho Cucamonga held a duly advertised public hearing pursuant to Section 65864 of the California Government Code. (iii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: This Council hereby specifies and finds that all of the facts set forth in the Recitals, Part A, of the Ordinance.are true and correct. SECTION 2: This Council hereby finds and certifies that the project has been reviewed and considered in compl iance with the California Environmental Quality Act of 1970, and further, this Council hereby issues a Negative Declaration. SECTION 3: The Rancho Cucamonga City Council finds as follows: (a) The proposed ameendments will not have a significant impact on the environment as evidenced by the conclusions and findings of the Initial Study, Part II. Ordinance No. 416 Page 2 (b) The proposed amendments will promote and further implement the goals and objectives of the General Plan by protecting the natural character of the foothills, by limiting the potential alteration of the natural land form and by ensuring the safety, health and well-being of the community through restriction of development from areas with potentially unsafe environmental conditions including soil erosion, landslide, seismic, flood, fire, pollution, as well as limited public service access. (c) The proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the City by revising the definition of hillside from 10 percent to include land with a natural slope of 8 percent or greater. (d) The amendments encourage the protection of natural areas for ecological, education and other scientific purposes by restricting development from sensitive hillside areas and by encouraging a more sensitive treatment to the land in the northern City and sphere areas. (e) The amendments will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space land uses by restricting development from significant features of land such as rock out- croppings, ridgelines, sensitive wildlife habitats, creekside or riparian woodlands, and view corridors. (f) The amendments will avoid residential densities which exceed the capacity of the land and level of service that can reasonably be supplied by limiting the intensity of development in hillside areas through the applica- tion of the slope/capacity formula. (g) The amendments will encourage innovative and sensitive develop- ment in the hillside areas through the provision of guidelines and standards which address site design, driveway and roadway design, architecture, walls and fences, landscaping, grading and drainage. (h) The amendments shall limit the potential negative impacts on adjacent developed and undeveloped properties as the result of additional requirements for hillside areas. (i) The proposed amendments will result in minimal impact to envi- ronmentally sensitive areas through the use of transfer of development credits to areas which are less sensitive. SECTION 4: The following subsections of the Development Code of the City of Rancho Cucamonga are hereby amended to read, in words and figures, as follows: Ordinance No. 416 Page 3 a) 17.06.010.E.5: 5. Gradinq Committee: The Grading Committee, comprising of representatives of each Division of the Community Develop- ment Department will consider items such as, but not limited to, cut and fill areas; drainage and flood control facilities; erosion control; retaining walls; and the effect of proposed grading on adjacent properties. This Committee will determine if the Grading Plan meets City grading guidelines and policies. The decision of the Grading Committee will be forwarded to the City Planner or Planning Commission and will be based on criteria within the City's Hillside Development Ordinance, Chapter 17.24. b) 17.08.040.B and C, footnote A: A. Excluding land necessary for secondary streets and arteri- als and dependent on the slope/capacity factor contained in Section 17.24.080.B. c) 17.08.040.B, adding footnote K and 17.08.040.C, adding footnote L which shall state the following: "In hillside areas, heights shall be limited to 30 feet as specified in Section 17.24-070.D.1." d) 17.08.050.E .5: 5. The Project site is designated by the General plan as Hillside Residential, or is a hillside condition, (defined as having slopes eight (8) percent or greater) and environ- mental studies have been conducted to determine land hold- ing capacity and site development constraints, and the pro- posed density is no greater than two units per net build- able acre. e) 17.18.020.D: D. A precise site development plan showing lot layouts, access., street design, building locations, building design, and grading, must be prepared in accordance with the resi- dential review procedures contained in Chapters 17.06 and 17.08, in conjunction with any subdivision or development proposal in the Hillside Residential District. All such proposals must comply with the design guidelines and absolute policies in Chapters 17.08 and 17.24. Ord inance No. 416 Page 4 f) 17.18.030.A: A. Minimum Parcel Size: No absolute minimum parcel widths and depths are required. Buildable area is considered to be a contiguous area of the lot which is less than thirty (30) percent in natural slope or the area determined through the environmental studies and investigation as buildable and is subject to slope/capacity factor calculations contained in Section 17.24.080. g) 17.18.030.C: Building height shall be consistent with the height provi- sions contained in Section 17.24.070.D.1. h) 17.18.040 .A.1: 1. Grading of any site shall conform to the following grading standards contained in Section 17.24.050. i) 17.18.040.E.5.a: a) Retaining walls shall be constructed in a manner consistent with the provisions contained in Sections 17.24.070.B, C, and G. j) 17.18.040.E.5 .b: Exposed walls and fences facing roadways shall be not greater than 5 feet in height, except as necessary for acoustical pur- poses to satisfy the intent of the noise ordinance. SECTION 5: Section 17.06.010.E.5.a through f, 17.18.040.A.1 .a through e and 17.18.040.E.5.a.i through iv of the Development Code is hereby deleted. SECTION 6: The Development Code of the City of Rancho Cucamonga is hereby amended adding subsections 17.06.010.C.l.g, and 17.06.020.C.6, and Chapter 17.24, Sections 17.24.010 to 17.24.090 to read, in words and figures, as follows: a) 17.06.010.C.1 .g: (g) All projects within a hillside area (foothills defined as having slopes eight (8) percent or greater) are subject to review per Section 17.24.020.B. Ordinance No. 416 Page 5 b) 17.06,020.C.6: Projects necessitating review as prescribed in Section 17.24,020.C. c) Hillside Development - Chapter 17.24, Sections 17.24.010 through 17.24.090: 17.24,010. P. urpose and Intent. These regulations are intended to further implement and define the goals and objectives of the General Plan, to minimize adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land, as expressed through the following purposes: A. Provide guidelines and standards for development in hill- side areas to minimize the adverse impacts of grading and to promote the goals and objectives of the City of Rancho Cucamonga's General Plan Open Space, Conservation, and Design Elements; and, B. Maintain an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopes, and drainage patterns, and to preserve natural topography and scenic character, including swales, canyons, creeks, knolls, rock outcrops, and ridgelines whenever feasible; and, C. Preserve and maintain existing wildlife through the reten- tion of significant natural habitat; and, D. Encourage water conservation and aquifer recharge; and, E. Avoid development that would result in fire, flood, slide, erosion, pollution, or other safety hazards; and, F. Limit the extent of grading alterations and encourage sensitive development in the hillside areas through flexible design and innovative arrangement of building sites by utilizing increased lot sizes, clustering, and setback variations; and, G. Avoid residential densities which exceed the capacity of the land and level of services which can reasonably be provided and that generate traffic requiring extensive grading to provide adequate street access; and, H. Encourage developments which use desirable existing features of land such as natural vegetation, viewsheds, geologic and archaeological features; and, Ordinance No. 416 Page 6 I. Protect natural areas for ecologic, educational, and other scientific study purposes; and, J. Preserve and/or introduce plant material to protect slopes from soil erosion and slippage, preserve natural watershed, minimize fire hazard and minimize the scarring and deformation of the natural landscape; and, K. Limit the impact of slopes on adjacent developed or undeveloped properties. 17.24.020. Review Procedures. All projects within a hillside area (8 percent slope or greater), including but not limited to, parcel maps, tentative tract maps, and site plans for development review, as well as General Plan and Development District Amendments, shall be subject to Grading Committee review with approval by the City Planner, or Planning Commission in accordance with the provisions contained in Sections 17.06.010 and 19.04.060. Additionally, review by the Grading Committee with approval by the City Planner or Planning Commission will also be required for other types of develop- ment or grading which meet the criteria specified in Sections 17.24.020A, B, and C. A. City Planner Review. The City Planner shall review all site development applications and shall impose conditions deemed appropriate when one or more of the following activities are proposed: 1. Natural slopes which are 8 percent or greater but less than 15 percent on all or part of a subject site, or on less steep land which may be affected by areas of greater slope (e.g., flat parcel between or adjacent to steep hillside). 2. For fills or excavations equal to or exceeding 3 feet but less than 5 feet in vertical depth, at their deepest point measured from the natural ground surface. 3. For excavations or fills, or any combination thereof, equal to or exceeding 100 cubic yards, but less than 1,500 cubic yards. B. Plannin.~ Commission Review. The Planning Comnission shall review site development applications and impose conditions deemed appropriate when one or more of the following activ- ities are proposed: 1. Natural slopes equal to or greater than 15 percent on all or part of a subject site. Ordinance No. 416 Page 7 2. For fills or excavations equal to or exceeding 5 feet in vertical depth at their deepest point measured from the natural ground surface. 3. For excavations or fills, or any combination thereof, equal to or exceeding 1,500 cubic yards. 4. Any excavation or fill which will encroach onto or alter a natural drainage channel or watercourse. (Should be prohibited unless alternate drainage is provided. ) 5. Any other proposal referred to the Planning Commission by the Grading Committee or City Planner. C. Exceptions. Projects which are limited in scope (e.g., regrading of yard areas, pool/spa construction, additions to existing structures and/or construction of accessory structures which are less than 250 square feet) may be deferred to staff level review and approval by the City Planner. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall be reviewed by the City Planner or may be referred to the Planning Commission i f determined necessary by the City Planner. D. Interpretation of Standards. If ambiguity arises concern- ing interpretation of the provisions contained in Sections 17.24.010 through 17.24.090, the City Planner shall review to determine compliance with the provisions contained with- in the section or he may refer the matter to the Planning Commission for consideration. 17.24.030. Application Filin.~ Requirements. A. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. B. A conceptual grading plan, which shall include the follow- ing items in addition to those required by the Rancho Cucamonga Municipal Code Section 19.04.060 or as part of the Submittal Requirement Checkl ist: 1. A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations,. and change in direction of drainage. 0rd inance No. 416 Page 8 2. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. 3. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth con- tour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the fo'llowing schedule: Natural Slope Maximum Interval Feet 2% or less to 19.9% 2 20% + 5 C. A conceptual drainage and flood control facilities map describing planned drainage improvements. D. A Slope Analysis Map for the purpose of determining the amount and location of land as it exists in its natural - state falling into each slope category as specified below. For the slope map, the applicant shall use a base topo- graphical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than I inch to 100 feet and a contour interval of not more than 2 feet provided that the contour interval may be 5 feet when the slope is more than 20 percent. This base topographical map shall include all adjoining properties within 150 feet of the site bound- aries. Delineate slope bands in the range of 0 up to 5 percent, 5 up to 10 percent, 10 up to 15 percent, 15 up to 20 percent, 20 up to 25 percent, 25 up to 30 percent, and 30 percent or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the 8 percent grade differen- tial shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percent- age categories depicted in contrasting colors. E. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of 3 slope profiles shall be included with the slope analysis. The slope profiles shall: Ordinance No. 416 Page 9 1. Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. 2. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. 3. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet. 4. The profiles 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 bulky development is propos- ed; and, (c) The site is most visible from surrounding land uses; and, (d) At all site boundaries illustrating maximum and minimum conditions. 5. 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 degree angle to the other slope profiles and existing contour lines. F. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions con- tained in Sections 17.24.030 D and E. G. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the applica- tion as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. Ordinance No. 416 Page 10 H. A statement of conditions for ultimate ownership and main- tenance of all parts of the development including streets, structures and open spaces. I. In the event that no grading is proposed, i.e., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. J. When unit development is proposed, illustrative building elevations, that show all sides of the proposed struc- ture(s) and which accurately depict the building envelope for each lot, shall be provided. K. The following items may be required if determined necessary by the Grading Committee, City Planner, or Planning Commis- sion to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: 1. A topographic model; 2. A line of sight or view analysis; 3. Photographic renderings; 4. Any other illustrative technique determined necessary . to aid in review of a project. L. Exceptions to the filing requirements for projects identi- fied in Sections 17.24.020A & C shall be determined by the City Planner, or may be referred to the Planning Commission if determined necessary by the City Planner. 17.24.040. Definitions. B. BALANCE - The cutting and filling of a site which does not require the export or import of earth material. BORROW - Earth material acquired from an off-site location for the use in grading on a site. CONTOUR - A line drawn on a plan which connects all points of equal elevation. CONTOUR GRADING - A grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading does not necessarily minimize the amount of cut and fill occurring. CUT - The mechanical removal of earth material. Ordinance No. 416 Page 11 CUT AND FILL - The excavating of earth material in one place and depositing of it as fill in an adjacent place. D. DAYLIGHT LINE - The line between finished grade and natural terra in drawn by connecting the points where proposed contours meet existing contours. E. EFFECTIVE BULK - The effective visual bulk of a structure when seen from a distance or from above or below. From above Elfactive bulk4' when seen i from afar ~rom below/ ELEVATION - Height or distance above sea level. EROSION - The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water. EXPORT- Excess earth material that is removed from a grading project and deposited off-site. F. FILL - A deposit of earth material placed by artificial means. FINISH GRADE - The final elevation of the ground surface after development, which is in conformance with the approved plan. G. GRADING - To bring an existing surface to a designed form by excavating, filling, or smoothing operations. H. HILLSIDE - Refers to a parcel of land or definable portion thereof with average rise or fall of 8 percent or greater. Ord inance No. 416 Page 12 K. KNOLL - A small round hill or mound. M. MASS GRADING - The movement of large quantities of earth over large areas. Disruption of the majority of the on- site surface terrain is common and often results in a successive pad/terrace configuration. Modification or elimination of natural land forms may result. MINIMAL GRADING - A grading concept designed to minimize excavation and fil 1 ing. A1 lows the movement of earth for projects such as individual building foundations, drive- ways, local roads, and utility excavation. The concept is associated with roads conforming closely to natural con- tours and with structures being built on natural terrain. N. NATURAL SLOPE - A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations, or it may be partially or completely removed and replanted. P. PAD - A level area created by grading to accommodate development. PROMINENT RIDGE - A ridge or hill location which is visible north of Wilson/24th Street from a major arterial, second- - ary, or collector street, which forms part of the skyline or is seen as a distinct edge against a backdrop of land at least 300 feet horizontally behind it, or is so designated by the City Planner or Planning Commission based upon a review of the site. Mountain backdrop / Geological feature, prominent ridge a dsst ~ ~ \ ~ ""' ~ \\'-~ Prominent geological feature visible 88 ~ · inct edge against a backdrop of ,~ ~,,~ land which is 300' or more horizontally ---~ behind it as viewed from a major arterial, ~ ~ Major arterial, Alluvial fan secondary, or collector Ord inance No. 416 Page 13 R. RIDGE - A long, narrow, conspicuous elevation of land. S. SCAR - A visible cut in a hillside or ridge with a slope greater than 1-1/2:1 in which all topsoil has been removed and vegetation will be unable to establish itself after a significant period of time (5 years). SLOPE - An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, to the horizontal distance (run). The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. EXAMPLE A -850 --840 Vertical change in elevation (rise) -- 830 - 820 I- 100 I Horizontal distance between contours (run) SLOPE = RISE i ijk' x 30 = 30 Ol:l 30% SLOPE Ordinance No. 416 Page 14 EXAMPLE B Combining 'B' and 'C' is not a permitted calculation 't' i 20' 30' Slope 'B 6' 5 Slope "A" 100' SLOPE FORMULA Average Cross Slope - Slope "A" 5'/100': .05: 5% - Slope "B' 30'/20' = 1.50 = 150% - - Slope 'C" 6'/30° = .2 = 20% SLOPE~ MAN-MADE - A manufactured slope consisting wholly or partially of either cut or filled material. SLOPE TRANSITION - The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. 17.24.050. Hillside Desi.qnation. The following shall serve as general standards for the five established slope zones to ensure that development will compliment the overall character of the land form. In order to permit the extension of a logical design concept, the standards for one zone may be applied to limited portions of the adjacent zone. Slope Zone % Natural Slope Standards 1. 5 or less This is not a hillside condition. Grading with conventional fully padded lots and terracing is accept- able. Ordinance No. 416 Page 15 S. lope Zone % Natural Slope Standards 2. 5 to 7.99 Development with grading is permitted in this zone but existing land forms must retain their natural character. Padded building sites are permitted; however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architectur al split level architectural proto types, or padding for the structures only, may be required to reduce grad ing. When, in conjunction with the techniques described above, and for a project within a master plan which includes special design features, such as a golf course, extensive open space, or significant use of green belts or paseos, as exemplified in the following cluster development, the Planning Commission may consider the use of mass grading techniques adja cent to these special design features as partial compliance with this standard. Ordinance No. 416 Page 16 Slope Zone % Natural Slope Standards 3. 8 to 14.9 This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using tech niques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. In conjunction with the alternative techniques described above, and for a project within a master plan which includes special design features, such as a golf course, extensive open space or significant use of green belts or paseos, the Planning Commission may consider padded building sites adja cent to those special features when it is found that said grading creates a better relationship between that special design feature and the adja cent lots. - 4. 15 to 29.9 Development within this zone is limit ed to no more than the less visually prominent slopes, and then only where it can be shown that safety, environ mental, and aesthetic impacts can be minimized. Use of larger lots, vari able setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways' is to be mini mized by following natural contours or using grade separations. 5. 30 and over This is an excessive slope condition and development is prohibited. 17.24,060. Guidelines. These Hillside Development Guidelines are intended to facilitate the appropriate development of hillside areas. These guidelines are not intended to be strict standards, but rather, to provide direction to encourage development which is sensitive to the unique characteristics common to hillside properties. Their purpose is not to restrict an individual from Ordinance No. 416 Page 17 proposing an innovative or alternative method of design in a hillside area; innovation is, in fact, encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the General Plan. A. Site Desi.~n 1. Design of building sites should be sensitive to the natural terrain. Structures should be located in such a way as to minimize necessary grading and to preserve natural features such as prominent knolls or ridgelines. THIS NOT THIS Ordinance No. 416 Page 18 Retein the integrity THIS o, the natural slope //~--,.,-- ,---,-~ Over-emphasized vertical NOT THIS ////:,t,~,~,c.~,;t.: o~'~rh".Pthltl,h.~d.;t.r.' Ordinance No. 416 Page 19 2. Preserve views of significant visual features as seen from both within and outside a hillside development. When designing lots and plotting homes, the following provisions should be taken into consideration: (a) Homes should be oriented to allow view opportunities, although such views may be limited; however, residen- tial privacy should not be unreasonably sacrificed. THIS Si,i.g th, .,w * NOT THIS dwelling downhill views for the uphill house SIting the new ~e~i,_~ \ ' ' most of the view for the uphill house Ordinance No. 416 Page 20 (b) Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected. 3. Projects should incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. Guest parking Road Prominent knoll Cluster Roof lines follow Prominent knoll natural slopes ClusterL View openings ~ View openings between clusters Road below ridge where feasible Ordinance No. 416 Page 21 4. Whenever possible, as based on the overall parcel configu- ration and orientation, homes should be designed to front onto east/west streets or should be plotted to follow the natural contours rather than fronting onto north/south streets. , East-Weal ·treet orienlation maxlmize$ North-$oulh lot· and ·olaf ·cco·· 5. Where possible, graded areas should be designed with manu- factured slopes located on the uphill side of structures, thereby, hiding the slope behind the structure. THIS Lariat manufactured slopel Ihould lie located on the uphill side of the structure to reduce the appearance of gradi g from the street ~ Slope· should be rounded to / provmde · more natural appearance NOT THIS Ordinance No. 416 Page 22 6. Clustering of development through Transfer of Dwell ing Unit Allocations should be encouraged in environmentally sensi- tive areas in order to reduce the potential for fire hazard and spread, erosion and excess runoff and to preserve existing natural features and open space. B. Driveways and Roadways. 1. Driveways which serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance. Gang driveways can reduce grading Ordinance No. 416 Page 23 2. Roadways should conform to the natural landform. They should not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Reduced road sections, split sections, and parking bays should be considered in the lay-out of hillside streets to reduce grading. THIS NOT THIS ~""'~-~ / ~,,_~_-~_~/ // ~ _,,/ Roads and hillside grading / / _ /l i I I;1 ~'~--~-~, / / / Reduce grading by along n8 urn 9ra es / Avoid running counter to steep grades To get from A to 6, route selection would be somewhere between perpendicular and parallel to the contours Ordinance No. 416 Page 24 No parking Stabilize and reforest distributed banks """"""~"""""" walk P ope Split section Roadway Parking ba~ I Possible trail Sidewalk Roadway L -----~-',~T---;..;... j.o. r~' Ordinance No. 416 Page 25 NOT THIS THIS Unnatural edge condit'on Round off cut slope  to conform to the Cut slope natural contour of into hillsad, the hal Round off cut slopes \. \ ~ .o. ,...,.,.0 ~/ .o;::;~...~.~.,, ~ from roadway cut ~ ~\ to conform to the ~ natural grade Roadway Too steep for plants ' to Mass grading to accommodate one level arterial highway Ordinance No. 416 Page 26 3. Where road construction is permitted in hillside areas, the extent of vegetation and visual disruption should be mini- mized by the combined use of retaining structures and regrading to approximate the natural slope. The view along a street front should create a pleasant appearance with a sense of open space and landscaping. Some techniques which can be used include the following: (a) Utilize land form planting in order to create a natural appearance and provide a sense of privacy. (b) Reduce the impact of grading and resulting retaining walls by creating visual interest with the combined use of terraced or crib walls, landscaping, and varia- tions in the texture and pattern of sidewalks and wall materials. THIS Planting pockets on stepped retaining wall allow screen planting at several levels NOT THIS No planting possible due. to toe of retaining wall ., I( '~ .~ ~ ~'~,.~ k I ., L , Effective bulk C " / · concrete retaining wall surflcel call be seerl for and take years to conceal with planthlg Ind trill Ordinance No. 416 Page 27 (c) Where adjacent to a steep hillside, minimal grading for the road and right-of-way, with a transition to a natural landscape, can be utilized to provide an open and more rural appearance. (d) A split roadway increases the amount and appearance of landscaping, and the median can be used to handle d ra i na ge. Ordinance No. 416 Page 28 C. Arc h i tec tu re 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 pemit structure to step up the natural slope. Stepped sleb foundltion Pole foundation String ~ation Ordinance No. 416 Page 29 (b) Detaching parts of a dwelling such as a garage. (c) Avoid the use of gable ends on downhill elevations. The roof slope should be oriented in the same direction as the natural slope. THIS Roof slope approximates that of hillside and follows its direction. Building hugs ground form better NOT THIS Avoid large gable ends on downhill elevations Angular forms which slope in the opposite direction to the slope of the hill destroy the relationship of the hillside and building and increase the effective ' Ordinance No. 416 Page 30 (d) Avoid large roof overhangs and cantilevers on downhill elevations to reduce the massive appearance from below. THIS NOT THIS Cantilever makes building Terracing reduces bulk appear taller, more ~o...o.,.,~/~~.~~ ~).~lr'~rr~ Effective bulk, ~ //~~~ Effective bulk Excessive roof overhang results in additional ~~ visual bul:ctlve bulk Eff ' _ !~._ - Effective bulk Smaller overhangs for individual floors or windows help break-up mass and protect against excessive sunlight Ordinance No. 416 Page 31 THIS Large roof sections to _~_ parallel the average slope Height limit i f/ Building envelope Maximum height limit ' Softentng of large vertical surfaces NOT THIS Not allowed Maximum height limit Rigid vertical element Ordinance No. 416 Page 32 2. The design of the structure shall give consideration to the lot's size and configuration in order to avoid the appear- ance of overbuilding or crowding and to minimize the block- ing of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback. 3. Avoid large expanses of a single material on walls, roofs, or paving areas. Create interesting, small scale patterns by breaking-up building mass, varying building materials, and through design and placement of windows and doors. THIS NOT THIS Large roof areas broken up Massive roof area is very visible in --~_ ~ contrast to the natural slope Use of natural materials and window ~ _ _ placement in small increments create interesting small scale patterns "- Break up massing of structural elements Large facade of one material, even to more closely approximate the natural slope if modulated by windows, seems plain Stone foundations and retaining walls relate to the ground 4. Building materials and color schemes should blend with the natural landscape. Treated wood or materials of a wood- 1 ike appearance, having the necessary fire retardant characteristics, are encouraged for exterior surfaces. Where exterior stucco is used, it should have a final coat of integrated color in a muted earth tone. Contrasting color accents should be kept to a minimum, particularly on the view side. Use of other natural materials, such as river rock, is encouraged. Ordinance No. 416 Page 33 D. Walls and Fences 1. Walls and fences can be used to define a sense of place and create an attractive appearance. However, walls should not dominate a view, and their height should be limited adja- cent to a street or trail or within a rear yard. Terracing and extensive landscaping can reduce the effective bulk. In addition, street front walls should incorporate varying design and natural materials. The use of open view fencing is encouraged, so long as adequate public safety and resi- dential privacy are maintained. Ordinance No. 416 Page 34 THIS " S " //~~ P lintlag naturally follows ~,,, the average slope Open see-thru fencing that blends into the natural environment ///~,,//~, '~~~_~--3,S'maximum retaining wall crooning required- "~,~,,,~ ~ Transition area/~ ,~ ;2 NOT THIS Highly visible solid wall 3.S'(not allowed) No screening Clear cut separation between natural condition and developed area with no transition Ordinance No. 416 Page 35 E. Landscaping 1. Natural land form planting should be used to soften manu- factured slopes, reduce the impact of development on steep slopes or ridgelines, and provide erosion control. THIS Landform planting Irregular visual plane cross-section / / / I / ct NOT THIS Conventional planting Uniform visual plane in crosl-saction / / / Ordinance No. 416 Page 36 2. Maintain a "vegetative backdrop" by replanting with native trees. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline. Skyline Planting ...... Skyline Typical building clustering 3. In order to minimize the grading of large flat areas and encourage water conservation techniques, large expanses of low growing grass in the front and side yards adjacent to a street is discouraged. Generally, no more than 50 percent of the required front and side yards should be planted with turf or grass. F. Grading 1. Contour grading techniques should be used to provide a variety of both slope percentage and slope direction in a 3 dimensional undulating pattern similar to existing, adja- cent terrain. The following concepts should be utilized: Ordinance No. 416 Page 37 (a) Hard edges left by cut and fill operations should be given a rounded appearance that closely resembles the natural contours of the land. THIS NOT THIS Small irregular berm accentuates the ,top of the slope Variety in , o 4o pear contour undulation features more resembling ~;~,~ , ~ become nature ~ ,, ery visible ' Engineered slope / ~~ banks look forced T!ii Drainage \ and unnatural features are obscured Use of radii and uneven slopes Use of angles and uniform slopes (b) Manufactured slopes adjacent to roadways should be modulated by sufficient berming, regrading, and landscaping to create visually interesting and pleasing streetscapes. THIS NOT THIS Variety in undulatin9 slope bank creates pleasing roadscap Ordinance No. 416 Page 38 (c) Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "e ng inee red" appeara nce. Varying cut or fill slope creates a more natural appearance (d) The angle of any graded slope should be gradually adjusted to the angle of the natural terrain. Existing development ,~, Proposed development N < ~ ~ Tract b ,,~oundary """'~~ Variable atural grade~ 4'%~'~'~ ~ Proposed slope extension Existing drainage device ~ This Natural grade Combine slopes to more closely approximate natural grade Ordinance No. 416 Page 39 (e) Where pad and terrace grading techniques are used, the pad configuration should be softened with variable, undulating slopes created to give a ~re pleasing and natural appearance. THIS Toe of slope '.._.,~/.'/!!.,~..~,... ,../, Var:able slope bank Street follows contour of land Undulattng slopes surrounding irregular pad configurations simulate the natural hillside environment NOT THIS Toe of slope Ordinance No. 416 Page 40 2. Retaining walls or other support structures should be designed to minimize their visual impact through techniques such as terracing, crib ~alls, and appropriate landscaping. Crib walls with planting may be an alternate possibility 3. Where retaining structures are. required for hillside roads, efforts should be made to integrate them with the founda- tion walls of the adjacent residence and natural materials , should be used in conjunction. Ordinance No. 416 Page 41 G. Draina.ge 1. Where possible, drainage channels should be placed in less visible locations, and more importantly, should receive a naturalizing treatment including native rock, colored con- crete, and landscaping so that the structure appears as an integral part of the environment. In all cases, an AC or concrete linear shall be used in addition to a naturalizing treatment. THIS Variable Use of native rocks to -made NOT THIS Typical brow ditch with A.C. or concrete liner Ordinance No. 416 Page 42 2. Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the area. Ordinance No. 416 Page 43 H. Trail s. 1. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking, and biking uses. They can also function as a means to take up grade or to convey drainage. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience may be achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas, such as undevelopable, steep slopes. Ordinance No. 416 Page 44 17.24.070. Development Standards. Within the framework of previous design guidelines, the following standards have been prepared to give more specific direction. These are minimum standards and shall apply to any use, development, or alteration of land as specified in Section 17.24.020. A. Site Desi.~n. 1. 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. THIS Building pulls back from steeper slopes and ravines the hillside Minor building protrusions which are perpendiculer to the contours are acceptable · but should be stepped or % inset in the hillside S.,.d,.. ,. p.,.,,., .,,hNOT THIS the contours Building is Perpendiculer to the contours Ordinance No. 416 Page 45 2. In steeper terrain (20 percent slope and greater), front yard setbacks may be reduced to a minimum of 20 feet from back of curb or back of sidewalk, whichever is more restrictive, in order to minimize rear yard grading. B. Driveways. 1. Driveway grades above 15 percent may be permitted up to a maximum of 20 percent, provided they are aligned with the natural contours of the land, if determined necessary to achieve site design, and if all safety considerations have been met to the satisfaction of the Building and Fire Officials. Proper design considerations shall be employed, including such items as vertical curves and parking land- ings. In any case, parking landings shall be utilized on all drives over 10 percent grade. 2. Driveways shall not be permitted which exceed 20 percent slope except that one length, not at the point of access, of not more than 10 feet may have a slope of 22 percent. 3. On driveways with a slope of 20 percent or greater, a coarse paving material, or grooves for traction, must be incorporated into the construction. These driveways shall not exceed 100 feet in length from bottom of approach to struc tu re. 4. Retaining walls, not to exceed 4 feet in height, shall be permitted for soil stabilization adjacent to a driveway; although within the minimum required street front setback, individual retaining walls shall not exceed 3 feet, in height. Otherwise, terraced retaining walls shall be utilized which are separated by a minimum of 3 feet and appropriate landscaping. 5. Adjacent to driveways, slopes not greater than 50 percent (2:1) will be permitted. 6.Driveways shall enter public/private streets maintaining · adequate 1 ine-of-sight. 7. Within the right-of-way, driveways shall not be located within 5 feet of any side property line. Exceptions may be considered based on lot size, percent slope, and use as a common (joint) driveway. Ordinance No. 416 Page 46 C. Roadways. 1. Where retaining walls are proven to be absolutely necessary adjacent to roadways or within street setbacks, they shall be limited to 3 feet in height in order to avoid obstruc- tion of motorist's and pedestrian's field of view and to create an aesthetically pleasing streetscape. Otherwise, terraced or stepped structures shall be utilized, which are separated by a minimum of 3 feet and appropriate landscap- ing. THIS Street Street Ord inance No. 416 Page 47 D. Architecture. 1. The building envelope for all structures shall be as fol lows: (a) Downhill lot - An overall maximum height of 30 feet is permitted, as measured from finished grade, from the minimum front setback extending towards the rear of the lot. The maximum height at the side setbacks shall be 15 feet extending up towards the center of the lot at a 45 degree angle to a maximum height of 30 feet as measured from finished grade. BUILDING ENVELOPE FOR DOWNHILL LOT ' ,r , ./~,,x,~ ~ f~' '' , "- Minimum front setblci~ 30 Downhill Section Remr setllmck Street Elevation Ordinance No. 416 Page 48 (b) Uphill lot - A maximum height of 15 feet is permitted at the minimum front setback and shall extend up and toward the rear of the lot at a 45 degree angle to a maximum overall height of 30 feet as measured from finished grade. A maximum height at the side setbacks shall be 15 feet extending up toward the center of the lot at a 45 degree angle to a maximum height of 30 feet as measured from finished grade. BUILDING ENVELOPE FOR UPHILL LOT ~ 15 I 30 " 15 30 ~ Minimum side setback 15~ / Rear setback ~ \\~,~/,,~,~/,~ ,- Street Elevation Minimum front setback Uphill Section (c) Cross Slope lots - A maximum overall height of 30 feet is permitted, as measured from finished grade, f~om ~he m~n~mm front setback extending to~rd the ~eaF of ~he lot. The maximum height at the side setbacks shall be ~5 fee~ extending up ~o~rd the cen~ of the ]ot at a 45 degree angle to a mx~mum of 30 feet as measured f~om f~n~shed grade. BUILDING ENVELOPE FOR CROSS LOT SLOPE 115' 45 · 30 Minimum side setback Street Elevation Ordinance No. 416 Page 49 (d) The foregoing provisions are intended to apply to the main bulk and overall mass of the building. Architec- tural enrichn~nts and variations in roof massing are encouraged. Projections above the height limits for architectural features may be considered subject to the provisions contained in Section 17.04.050B.1.f. 2. Terrace the building to follow the slope. Where possible, use roofs on lower levels for the deck open spaces of upper levels. Where decks are provided, they shall be a minimum of 6 feet in width to provide adequate usable area and to effectively break-up the mass. THIS NOT THIS increase building bulk f'~ '! Overhanging decks · make building ': seem more :,:::.,:: Effective bulk with/ ;,~~ or without decks · bulk Building correctly fits High profile building into the ground and~ stands out on the~ ~ ~~d~ minimizes the effect ~ hillside :lls~de oof decks, low t level decks, and side of i I Pp w th on9 pole su ort building decks 3. Provide architectural treatment to all sides of a struc- ture. Elen~nts of the architectural treatment used on the front facade shall be repeated on all sides of a structure with additional emphasis on those elevations visible from adjacent properties or public rights-of-way. 4. Excavate underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environ- mentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques. For example, the use of earth berms around the lower part of the house minimizes larger visual expanses of wall areas and functions as a natural solar heating and cooling insulator. Ordinance No. 416 Page 50 5. Exterior structural supports and undersides of floors and decks not enclosed by walls will be approved only if it is proven that no alternative type of construction is feasible and that fire safety and aesthetic considerations have been adequately addressed. 6. Architectural design including building orientation and the placement of doors (including garage doors) and windows shall be designed to accommodate prevailing southwesterly winds, as well as the seasonal winds or Santa Anas, which generally come out of the northeast. 7. Residential developments shall be constructed in such a manner so as to reduce the potential for spread of brush- fires through consideration of the following: (a) In the case of a conflict where more restrictive pro- visions are contained in the Uniform Building Code or in the Fire Management Plan, the more restrictive provisions shall prevail. (b) Roofs shall be covered with non-combustible materials such as clay or concrete 'shake, or tile. Open ends shall be stopped in order to prevent bird nests, or other combustible material, lodging within the roof and to preclude entry of flames. Spark arrestors ///~ill be required Non combustible roo;ing material / Encase under-floor areas e (c) Exterior walls shall be surfaced with non-combustible or fire resistlye materials. Except as otherwise provided herein, exterior walls shall extend to the ground. Ordinance No. 416 Page 51 (d) Balconies, patio roofs, eaves and other similar over- hangs shall be of non-combustible construction or shall be protected by fire-resistant material on the underside or constructed with heavy timber members and nominal 2 inch wood or I 1/8 inch plywood decking. (e) Plastic webbing, split or whole bamboo, reed or straw- 1 ike materials, corrugated plastic or fiberglass materials, and similar flammable materials will not be permitted for use on patio covers. (f) Vents for attics and underfloor areas must be designed and located to minimize the likelihood of spreading of fire. Individual vent openings should not exceed 1 square-foot and shall be covered with a mesh metal screen having openings not exceeding 1/4 inch in any direction. Eave vents shall be positioned on the enclosed eaves near the roof edge rather than in or near the exterior Wall. (g) Chimneys shall be provided with approved spark arresters. 8. Exterior lighting shall be located and shielded so as to not impact the adjacent property owners in terms of glare and privacy. E. Fences. 1. Fences will be allowed immediately adjacent to structures to provide a private outdoor area. These fences shall be designed as an integral part of the building in order to minimize the visual impact on surrounding areas. 2. Walls and fences shall integrate materials and colors used in the structure's facade. Naturally occurring materials, such as river rock, shall be used whenever possible. 3. Walls and fencing visible from the public right-of-way shall be designed to incorporate visual interest through variation in placement, use of planters, differing materials, and modulation of the wall plane. F. Landscaping. 1. Native or naturalized plants, or other plant species that blend naturally with the landscape, shall be utilized in all areas with required planting. 2. In fire sensitive areas, fire retardant plant materials shall be utilized. Ordinance No. 416 Page 52 3. In order to protect slopes from soil erosion and slippage and to facilitate significant revegetation, a permanent irrigation system shall be installed on all slopes with required planting. However, the emphasis shall be toward using plant materials that will eventually not need to be irrigated. Water and energy conservation techniques shall be utilized, including, but not limited to, such items as drip irrigation and alluvial rockscape. 4. Landscaping shall be used to screen views of downslope elevations. When the structure height exceeds 20 feet from finished grade on a downslope side, additional landscaping will be required, and a landscaping plan shall be submitted for review with the submittal package. 5. The use of water conservation techniques is encouraged. To further this end, each development shall provide an information pamphlet, approved by the City Planner, to each prospective home buyer. 6. Additional trees may be required to supplement the required street trees along major arterials, secondary, or collector streets, as determined necessary by the City Planner or P1 anning Commission, in order to enhance the natural character of the area and create a more rural appearance. 7. Common open areas and front and side yards adjacent to a street shall be adequately landscaped and irrigated. A minimum of 30 percent of the plant materials shall be large size (minimum 24 inch box size trees, lO-gallon size shrubs) in order to create a mature appearance. 8. Slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where slopes are 2:1 and 5 feet or greater in height, jute netting shall be used to help stabilize planting and minimize soil erosion. 9. Native vegetation shall be retained and supplemented within canyons and along natural drainage courses. 10. The choice of plant materials and planting techniques shall take into account prevailing southwesterly winds, as well as the seasonal winds or Santa Anas which generally tend to blow out of the northeast. Ordinance No. 416 Page 53 G. Gradinq. 1. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be built on, resurfaced, or land- scaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes. 2. Grading operations shall be planned to avoid the rainy season, October 15 to April 15. Grading permits shall only be issued when a plan for erosion control and silt reten- tion has been approved by the City Planner and Building Official, without regard to time of year. 3. 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. These trenches are to be properly backfi 11 ed and in addition, erosion treatment provided where slopes exceed 20 percent. 4. To encourage maintenance of slopes for erosion control and aesthetics, property lines shall be located 2 feet back from the top o f sl ope. All property lines must be 2' from the top of slope, never at the toe Ordinance No. 416 Page 54 5. No point on any structure subject to the provisions of this Section shall be closer to a visually prominent ridgeline than 150 feet measured horizontally on a topographic map or 50 feet measured vertically on a cross section, whichever is more restrictive. 6. Lot padding is limited to the boundaries of the structure 's foundation and a usable rear yard area (residential only) of 15 feet adjacent to and between the structure and top or toe of slope. If it is physically unfeasible to design a reasonable usable yard area due to conflict with other grading standards, then other forms of usable open space should be considered such as: decks, patios, balconies, or other similar forms of built structures designed to fit the natural topography. 7. No finished slopes greater than 50 percent (2:1) may be created except beneath the enclosed envelope of a structure where the maximum created slope is limited to 67 percent (1-1/2:1) or less. 8. Slopes within City-maintained landscape easements shall not exceed a maximum grade of 3:1 or 33 1/3 percent. 9. Fill shall not exceed a depth of 5 feet at any point except where the Planning Commission determines that unusual topo- graphy, soil conditions, previous grading, or other unusual circumstances, indicate that such grading would be reason- able and necessary. 10. Retaining walls are limited to: (a) One upslope (from the structure) not to exceed 4 feet in height. Otherwise, terraced retaining structures shall be utilized which are separated by a minimum of 3 feet and appropriate landscaping. THIS NOT THIS ]4'+ Ordinance No. 416 Page 55 (b) One downslope from the structure not to exceed 3 1/2 feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, (such as lot configuration, steep slope, or road design) then the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed 3 feet in height and shall be separated by a minimum of 3 feet and appro- priate landscaping. Terracing is not to be used as a typical solution within a development. (c) On lots sloping with the street, and other configura- tions not discussed above, one retaining wall, not to exceed 3 1/2 feet in height may be used in a side yard where necessary (also see roadway). (d) Walls which are an integral part of the structure may exceed 8 feet in height; however, their visual impact shall be mitigated through contour grading and land- scape techniques. 11. Cut or fill slopes shall not exceed 8 feet in height at perimeters of the site or elsewhere without the use of walls, terracing and other mitigating measures, such as contour grading or landscape buffering, and then only as approved by the Planning Commission after conclusive demon- stration that such cut or fill heights will not adversely affect adjacent properties, views, landforms, or other significant considerations not speci fical ly discussed here, and that they are absolutely required to accomplish land development under extreme or unusual circumstances .and conditions. H. Drainage. 1. Debris basins and energy dissipating devices shall be provided, where necessary, to reduce erosion when grading is undertaken in the hillside areas. Natural drainage courses shall be protected from grading activity. In .instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 2. Building and grading permits shall not be issued for con- struction on any site without an approved location for disposal of run-off waters, including, but not limited to, such facilities as a drainage channel, public street or alley, or private drainage easement, which are not ade- quately protected from off-site drainage. Ordinance No. 416 Page 56 3. The use of cross lot drainage shall be minimized. In situations where this is not possible using conventional design, optional techniques including, but not limited to, single loaded streets and reduced densities shall be considered. Extensive use of cross lot drainage shall be subject to Planning Commission review and may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. 4. Where cross lot drainage is utilized, the following shall apply: {a} Project interiors - One lot may drain across one other lot if an easement is provided within either an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe which shall be a minimum 12 inches in diameter. In both cases, an integral wall shall be constructed. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a home- owners' association; otherwise, the drainage shall be conveyed to a public easement such as a public alley, paseo, or trail. The easement width shall be deter- mined on an individual basis and shall be dependent on appropriate hydrologic studies and access require- ment s. Both wall and drainage device to be constructed with the subdivision and not left for individual homeowners to complete Width as determined by appropriate hydrologic studies "'" '" "" ': I ~t .~'~ I ~ · o:L"'/Y:te open channel with naturalized appearance or underground pipe both with integral wall Ordinance No. 416 Page 57 (b) Project boundaries - On-site drainage shall be conveyed in an improved open V-swale gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowners' association, or it shall be conveyed in a public easement such as a public alley, paseo, or trail The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. .= ~ Residential lots Width as determined Open channel should have a natural appropriate by appearance hydrologic studies Either public or private landscaped pedestrian paaeo/trail/alley easement Ordinance No. 416 Page 58 Easement width A A W + W1 W2 W3 Wl =as required for maintainance and access (12' rain) W2 =as required to convey drainage W3 =slope width W =Total easement width I. Public Safety. The following Public Safety concerns should be addressed: 1. Require adequate water supply and pressure for all proposed development in accordance with the Fire Division's Standards; 2. A permanent fuel modification area may be required around development projects, or portions thereof, that are adja- cent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modifi- cation area shall be based on applicable building and fire codes and a Fire Hazard Analysis Study developed by the Fire Division. The width of the fuel modification area shall be determined based upon: (a) The natural ungraded slope of the land within the project and in the areas adjacent to the project; and, (b) Fuel loading; and, (c) Access to the project and access directly to the fuel modified area; and, Ordinance No. 416 Page 59 3. Adequate provisions shall be made for the continual maintenance of such areas, and where feasible, such areas shall be designated as common open space rather than private open space. 4. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. 5. The Fire Chief may require brush, vegetation, or debris to be removed and cleared within 10 feet on each side of every roadway and access drive, and may enter upon private property to do so. This section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they do not form a means of readily transmitting fire. As used in this section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. 6. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. 7. In the event that abatement is not performed as required in Subsection 5 of this section, the Executive Body may instruct the Chief to give notice to the owner of the property upon which said condition exists to correct such prohibited condition; and if the owner fails to correct such condition, the Executive Body may cause the same to be done and make the expense of such correction a lien on the property upon which said conditions exist. 8. Restrict structures and facilities from geologically hazardous areas. 9. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. 10. The Friant Escondido and Ramona/Arlington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. Ordinance No. 416 Page 60 11. The Tujunga-Delhi soil association may have soil bearing capabilities that could limit some development. Structures proposed on this soil type should be permitted only after a site specific investigation has been performed that indicates the soils can adequately support the weight of the structure. 12. For all development within the Alquist-Priolo or City- adopted "Special Study Zone", a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard. 17.24.080. Density. Slope density regulations which correlate intensity of development to steepness of terrain will be used to minimize grading, removal of vegetation, land instability, and fire hazards. The total allowable residential dwelling units shall be calculated based on the total (buildable) land area within each slope category multiplied by the capacity factor for each to the slope c a tego ry. A. Calculation of density. The maximum number of units that may be permitted in a proposed development shall be determined by multiplying that area of land in each "slope category" by the "capacity factor" shown in the following table, taking the products of these calculations converted to square feet, and dividing this figure by the required site area unit in square feet prescribed in the underlying zoning district (except the Hillside Residential District where there is no minimum lot size required). In the Hillside Residential District, the allowable amount of buildable area resulting from the Capacity FaCtor calculation will constitute the adjusted net buildable area. B. Land Capability Schedule. Adusted Net *Buildable Area Capacity Buildable Area Slope Category in square feet Factor (square feet) Under 10 percent X 1.00 = 10-14.9 percent X 0.75 = 15-19.9 percent X 0.50 = 20-24.9 percent X 0.25 = 25-29.9 percent X 0.025 = 30+ percent X 0.0 = Divided Permitted by minimum number of lot size units Ordinance No. 416 Page 61 requirement of under- lying zoning district except in Hill-side Residential * Buildable area is a contiguous area of the lot which is less than 30 percent in natural slope, or in the area determined, through environmental studies and investigation, as buildable. C. ..Exceptions. The following land areas, meeting any or all of the following criteria, shall not be included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a lO0-year storm after development has occurred. 2. All land which is in a geologic hazard zone, as defined in the safety element of the General Plan of the City of Rancho Cucamonga, and for which no feasible mitigation measures are proposed. 3. All land area which lies within a federally recognized blue line stream, or contains significant riparian or stream bed environs. 17.24.090. Transfer of Dwellinq Unit Allocations. A. Purpose. The purpose of "transfer of dwelling unit allocations" is to provide a procedure whereby the potential development of an area which stands to suffer adverse environmental impacts can be credited and then transferred to another more appropriate area in order to preserve the character and identity of the former area. B. Definitions. DONOR PARCEL - Parcel from which development cred its are transferred. RECEIVER PARCEL - Parcel to which development credits are transferred. DEVELOPMENT CREDIT - A development credit is a potential entitlement to construct one dwelling in a designated cluster area which can only be exercised when the development credit has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and other requirements of law are ful fil 1 ed. Ordinance No. 416 Page 62 The allocation of dwelling units may be transferred from one parcel (donor) to another parcel (receiver) within a project site, or, from a project site (donor) to adjacent properties (receiver), if conditions are applicable, when the development of the subject site would cause adverse impacts. The develop- ment per donor site/parcel shall be calculated according to the "Calculation of Density" table and the result transferred to a predetermined receiver site/parcel. The transfer of development credits is subject to a Development Agreement (DA) and/or any other appropriate legal agreement, as well as a Specific Plan and General Plan Amendment (GPA). The application shall designate both the donor and receiver parcels as part of the subject property. The Development Agreement, or any other appropriate agreement, shall be used to ensure t'~e appropriate legal direction for completion of specific condi- tions and encourages public and private partnership. A Specific Plan and General Plan Amendment shall be used to determine the compatibility of the proposed land use to surrounding land use designations and the appropriate distribution of land uses within the plan boundaries and allows the designation of the donor parcel as open space, exhausting its development credits. In addition, a Specific Plan requires large-scale master plann- ing and discourages incremental, piecemeal development. The transfer of development credits may be authorized when the Planning Commission finds that the receiver parcel has suffi- cient area to accommodate development otherwise permitted under City Development Districts plus the development credits to be transferred, and that such total development meets all of the applicable requirements of the City's General Plan and all provisions of this section. C. Provisions. 1. When development credits are transferred, all such credits are thereafter depleted with regard to the donor parcel. Excess development credits of that donor parcel which are not initially transferred to a receiver parcel may be subsequently transferred to another receiver parcel in accordance with the provisions of this section. 2. The number of development credits which may be transferred shall not exceed the number of dwelling units determined for the donor parcel through applying established slope density standards and through preliminary site review to determine the actual number of units which could be developed on the donor parcel, subject to provisions contained within this section. Ordinance No. 416 Page 63 3. Approval of development credit transfers must be based on findings that this procedure is consistent with the General Plan and provides for the long-term maintenance of the property as open space. Analysis of the eventual mainte- nance of the open space shall be based upon the City's estimated annual cost for maintenance and liability for the land and for provisions thereof. 4. The donor parcel, after development cred its have been depleted, shall be kept essentially in a natural condi- tion. However, the City may, pursuant to a Conditional Use Permit, authorize the following uses if it deems they are compatible with maintaining the natural condition of the property and are consistent with the General Plan: (a) Watershed, and/or trails. (b) The growing of crops and fruits. (c) Low intensity recreation. (d) Other similar uses. (e) Accessory uses necessary to support the foregoing uses. 5. Land from which development .credits have been transferred shall be recorded as open space through the process of a Specific Plan and a General Plan Amendment to ensure that such land remains as open space in perpetuity. 6. A parcel from which development credits have been trans- ferred shall not be considered as "common open space" unless such parcel is transferred in fee to the receiver parcel. 7. The maximum number of dwelling units permitted on a parcel receiving development credits shall not exceed the sum total determined by applying the established slope density standard to the receiving parcel and adding the number of development credits transferred as outlined in Section 17.24.090. C .2. SECTION 7: The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 416 Page 64 PASSED, APPROVED, and ADOPTED this 7th day of February, 1990. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None ~)~./j~ ,~'~_~. ~'~ ~. Dennis L. Stout, Mayor ATTEST: D~b'~ 'J. A'd2~T City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of January, 1990, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of February, 1990. Executed this 8th day of February, 1990 at Rancho Cucamonga, Cal i fornia. D'~bra J. A~s, City Clerk