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Ordinance Number 230442 ORDINANCE NO. 230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 115 BY ADDING SECTION 4.24 RELATING TO HILL- SIDE DEVELOPMENT REGULATIONS. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 4.24 consisting of subsections 4.24.1 . through 4.24.12 inclusive are hereby added to the provisions of Ordinance No. 115. 4.24.1 HILLSIDE DEVELOPMENT REGULATIONS. 4.24.1 PURPOSE. The hillside development regulations shall be and hereby are app ied to those areas of the City of San Juan Capistrano which due to topography require special consideration to assure that development of hillside lands will not destroy the natural character and amenities of such lands nor deplete the scenic resources of the City. 4.24.2 APPLICABILITY. These regulations shall apply to all hillside areas within the c ty of San Juan Capistrano, except as specifically excluded herein or hereafter by ordinance or resolution of the City Council. The term hillside areas is defined as all proper- ties in the City which have a natural slope of ten percent (108) or more on any existing or proposed parcel or portion of a parcel proposed for development. These hillside development regulations shall be in addi- tion to the applicable standards which are otherwise required by the City's adopted Grading Code and Ordinance No. 115. 4.24.3 PERMIT REQUIREMENTS. Prior to the issuance of a grading or building permit or the approval of a tentative tract map for any parcel of land located within a hillside area, the applicant is required to submit development plans to the Planning Commission in accordance with the procedures as set forth in Section 4.24.5. The Planning Commission shall have the power to authorize or deny the issuance of any grading or building permit and approve or deny any tentative map where development plans fail to meet the qeneral purpose and intent of this Ordinance. The Planning Commission may auth- orize the issuance of said permits upon such conditions, if any, as it determines necessary and proper to assure the general purpose and intent - of this Ordinance and may require such guarantees, if any, as it deems necessary to assure the fulfillment of such conditions. 4.24.4 PERMITTED USES. All uses permitted in a zoned district subject tothethe provisions of Sections 4.24.1 through 4.24.9 of this Ordinance. 4.24.5 APPLICATION PROCEDURE. Upon application for a grading or building permit, or tentative tract map approval; the applicant shall' submit preliminary development plans consisting of the following: A. For all grading or building permit applications: Proposed site plans, grading plans,'profiles of proposed grading plans, and upon approval of grading plans - proposed landscape and irrigation plans. With all tentative tract maps: Proposed grading plans and profiles of proposed grading plans, together with conceptualized site plans and landscape plans. 443 All plans and profile drawings shall be prepared to scale and submitted with five (5) copies of each to the Environmental Review Board. The Environmental Review Board will distribute the various copies to appropriate City and County staff members for review and comment prior to the submission of such plans to the Planning Commission. The Environmental Review Board shall forward all recommendations along with any comments from City and County staffs to the Planning Commission. The Planning Commission shall thereafter review and approve, conditionally approve, or reject such preliminary plans. 4.24.6 ADDITIONAL DATA REQUIRED. In addition to preliminary development plans, the applicant shall submit detailed data describing the existing topographic, soils, geologic, seismic, and drainage condi- tions at the proposed site. Detailed studies and analysis may be pro- vided as part of an Environmental Impact Report prepared in accordance -� with adopted City guidelines. Upon determination by the Planning Commission, the applicant may also be required to submit a scaled, profile model lepicting any or all portions of the site proposed for development. 4.24.7 PRELIMINARY STAFF MEETINGS. Prior to the submission of preliminary development plans, the applicant is required to meet with City Planning and Engineering Staff members to discuss the general pur- pose and objectives of the Ordinance and any initial development con- cepts which have been prepared. 4.24.8 PLANNING COMMISSION REVIEW. In reviewing preliminary development plans for hillside areas, the Planning Commission shall act to insure attainment of the following objectives: A. The preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slopes into the natural topography. _ B. The preservation of natural topographic features and appearances through discouragement of successive padding and terracing of building sites in hillside areas. C. The retention of major natural skyline profiles so as to avoid abrupt changes in grade. D. The retention of major natural topographic features such as canyons, drainage swales, steep slopes, watershed areas, flood plains, view corridors and scenic vistas. E. The preservation and enhancement of prominent landmark features such as natural rock outcroppings, prominent trees and plant material, and other areas of special natural beauty. F. The design and arrangement of building sites utilizing increased lot sizes, greater setbacks and setback variations, and reduced residential densities on steeper terrain so as to limit the extent of grading alterations. G. The utilization of clustered sites and buildings and increased densities on more gently sloping terrain so as to reduce grading alterations on steeper, more pronounced, natural terrain. H. The utilization of verying setbacks and building heights, innovative building techniques, and compatible building forms, materials, and colors which serve to blend all buildings into the terrain. I. The utilization of building designs, locations, and arrangements which serve to avoid a continuous, hard skyline effect and which afford view privacy and protection. J. The preservation and introduction of plant material so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading and construction on hillside areas. K. The introduction and utilization -of permanent,, full -coverage irrigation systems adequate to sustain existing and developed slope plantings and to protect aaainst potential hazards due to fire. - 2 - 444 L. The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside. - ,.4.24.9 DEVELOPMENT STANDARDS. The following development standards shall apply to all hillside developments under this Ordinance: A. The overall shape, height, and grade of any cut or fill slopes shall be developed in concert with the existing natural contours and scale of .the natural terrain of a particular site. .B. All cut and fill slopes in excess of ten (10) feet vertical height shall be rounded with vertical curves from the crest of. the slope and from any surface drains constructed on the face or top of the slope. C. Where two cut or fill slopes intersect, the ends of each slope shall be horizontally rounded and blended with a minimum radius of twenty-five (25) feet. D. Where any cut or fill slopes meet the natural _ grade, the ends of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to present a natural slope appearance. ,. E. Where any cut or fill slopes exceed one hundred (100) feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion with radii no greater than three hundred (300) feet. F. The top and toe of each slope in excess of ten (10) feet vertical height, excepting the toe of any slope within twenty five (251 feet of a dwelling, shall be vertically rounded with radii no,. less than five (5) feet and designed in proportion to the total height of the slope. G. In all instances of the creation of cut or fill slopes, detailed landscape and irrigation plans shall be submitted to the Planning Commission for review and approval prior to the issuance of. any building or grading permit. H. Detailed planting plans shall be included for all cut or fill slopes in excess of five (5) feet in height. I. Detailed irrigation plans shall be included for all slopes in excess of ten (10) feet in height. -- J. Planting and irrigation of all slopesin excess of fifteen (15) feet in height shall be commenced and pursued to comple-: tion in accordance with approved plans upon the completion of grading - operations. R. The planting and irrigation of all slopes less than fifteen (15) feet in height shall commence in accordance with approved plans upon the completion of finish grading operations. - tL. All planting and irrigation of slopes shall be _ completed and approved by the City prior,to the issuance of occupancy permits. M. The applicant and/or developer shall be responsible for the maintenance and upkeep of all slope plantings and irrigation sys- tems until such time as the individual properties and dwellings are occupied or until a prescribed homeowners' association accepts the re-- - sponsibility to maintain the landscaping in common areas. 4.24.10 EXCEPTIONS. The development standards and require- ments of this Ordinance, upon determination of the Environmental Review Board, shall not apply to those specific developmentsor applications involving one or more of the following circumstances: A. A single family dwelling unit and accessory buildings on a single parcel of record as of the date of the adoption of t fis Ordinance. - 3 - 2F-1 FMICOMM B. Two or more residential dwelling units and accessory buildings on a single parcel, wherein the minimum average amount of land area per dwelling unit equals five (5) acres or more. C. Any use, development or alteration of land, including the above, wherein less than ten (10) percent of the surface area of the land is to be graded or where grading operations involve less than 5,000 cubic yards of soil. Applications for the above exceptions shall be made to the Environmental Review Board. The applicant shall submit a written request and such data or plans as may be required by the Board to render a deci- sion in compliance with this section of the Ordinance. Exceptions from the standards or requirements of this Ordinance shall be granted only if the Environmental Review Board finds that the applicant meets with the above development criteria and that development of the land in question will serve to comply with the purpose and objectives of the Ordinance. - 4.24.11 VARIANCES. When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this Ordinance occur by reason of the strict interpretation of any of its provisions, any property owner or his duly authorized representative or plaintiff in an action in eminent domain may initiate proceedings for consideration of a Variance. The procedures and criteria for the granting of a Variance shall be in accordance with those described in Section 6 of Ordinance No. 115. 4.24.12 APPEALS. A. The determination of the Planning Commission shall not become final until an appeal period of fourteen (14) calendar days from the date of such determination has expired. If an appeal is filed within that period, the determination of the Planning Commission shall not become final except in accordance with the provisions of Section _ 4.24.12B (5) and (6) hereinafter set forth. B. The applicant or other interested party may appeal the determination of the Planning Commission to the City Council. Any member of the City Council may also order an appeal from a determination of the Planning Commission. 1. The appeal shall be in writing and filed in duplicate with the Planning Department, along with a fee in the sum of $25.00. No fee shall, however, be required on an appeal ordered by a member of the City Council. 2. The appeal shall set forth specifically wherein thedeterminationof the Planning Commission fails to conform to the requirements of Sections 4.24.1 through 4.24.9, or other applicable law or ordinance, or wherein the conditions imposed are improper. 3. The Planning Department shall forward the duplicate copy of the appealtothe City Clerk and shall report the filing of the appeal to the Planning Commission at its next regular meeting. The Planning Commission may make a report to the City Council, for its consideration in determining the appeal, of any observations or facts regarding such determination,.which would answer the statements set forth in the appeal. The Planning Department shall transmit to the City Clerk such reports, together with such records in the matter as are in the possession of the Planning Commission. 4. The City Council shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the City Clerk of the duplicate copy of the appeal, or within such time as the Council shall continue the matter. 5. The City Council, upon its consideration of such appeal, shall affirm, reverse or modify, in whole or part, any determination of the Planning Commission from which an appeal has been taken. If the Council fails to consider such appeal within thirty (30) calendar days following the receipt by the City Clerk of the duplicate copy of the appeal, or within such time as the Council, with theconsent of the appellant, continued the matter, such failure shall be deemed 41v - affirmation of the determination of the Planning Commission. - 4 - ` 6 6. The determination of the Plannina Commission as affirmed, reversed or modified, from which the appeal was taken, shall become final upon the determination of the City Council. SECTION 2. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in a newspaper of general circulation in the City of San Juan Capistrano within fifteen days follow- ing the passage thereof. PASSED, APPROVED AND ADOPTED this 25th day of June, 1973, by the following vote, to wit: AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN.: NONE ABSENT: COUNCILMEN: NONE ATTEST: City Clerk l s .y y. City of Sarl Juan• Capistrano