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HomeMy WebLinkAboutORD 14A (1990)ORDINANCE NO. 14-A(1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR E%TENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 14 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as "the Zoning Ordinance.") (ii) On October 16, 1990, pursuant to the provisions of i California Government Code Section 65858(a), this City Council adopted its Ordinance No. 14 (1990) adopting interim zoning regulations pertaining to development involving hillside areas which exceed a slope of ten percent (10%) within the City. (iii) Pursuant to the provisions of California Government Code Section 65858(d) this City Council issued its written report describing the measures taken to alleviate the conditions which led to the adoption of Ordinance,No. 14 (1990) at least ten (10) days prior to the expiration of Ordinance No. 14 ( 1990) . (iv) A duly noticed public hearing as required by California Government Code Section 65858(a) was conducted and concluded prior to the adoption of this Ordinance. (v) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Diamond Bar does ordain as follows: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. Section 3. The City Council finds and determines that the development of proposed amendments to the Zoning Ordinance are continuing; however, such development of amendments to the Zoning Ordinance cannot be completed prior to the expiration of Ordinance No. 14 (1990). Section 4. The City Council hereby specifically finds that there are presently pending applications for development of hillside areas which exceed a slope of ten percent (10%) which would contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local review under the provisions of the Zoning Ordinance unless Ordinance No. 14 (1990) is extended and, further, that the approval of any such hillside developments under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 5. Ordinance No. 14•(1990) of the City of Diamond Bar, as heretofore enacted under the authority of California Government Code section 65858(a), hereby is extended and shall be of no further force and effect as of the 16th day of October, 1991, unless the City Council has extended said Ordinance in the manner provided in said Section 65858(a). Section 6. This Ordinance hereby is declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858(a) and 36937(b), and this Ordinance shall take effect immediately upon adoption. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 13th day of November , I, LYNDA BURGESS,'City Clerk of the of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 13th day of November, 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 13th day of November , 1990, by the following vote: AYES: COUNCIL MEMBERS: Kim, Horcher, Papen, Mayor Pro Tem Forbing and Mayor Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: _ City Clerk o€- t City of Diamof-.d'`'Bar EXHIBIT "A" CITY OF DIAMOND BAR INTERIM HILLSIDE MANAGEMENT ORDINANCE Section 1. Statement of Purpose The purpose of this ordinance is: a. To preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City of Diamond Bar; b. To maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; C. To facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are not intended to be strict' standards,'but rather to provide direction and encourage development which is sensitive to the_unique characteristics common to hillside properties, which include, but are not limited to slopes, land form, vegetation and scenic quality. Innovation in design is 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; d. To ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; e. To preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall be the minimization of such impacts; f. To provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the natural terrain; g. To correlate intensit� of development with the steepness of terrain in order to minimize grading, removal of vegetation, land instability and fire hazards; h. To provide in hillsides, alternative approaches. to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas such as slopes, land form, vegetation and scenic quality; and i. To encourage the planning, design and development of home sites that provide maximum safety with respect to fire hazards, exposure to -� geological and geotechnic hazards, drainage, erosion and siltation, and materials of construction; provide the best use of natural terrain; and to prohibit development what will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. 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. PAD T A level area created by grading to accommodate development. RIDGE - A long, narrow, conspicuous elevation of land. ROADWAY - A means of access over private property to more than one residential unit. SLOPE - An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. 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.terrai or a level graded area, either vertically' or horizontally. PROMINENT RIDGE - A ridge or hill location which is visible from a major arterial, secondary, 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 Plannning Director. 4. 25 and over. This is an excessive slope condition and development is extremely limited. C. Density The maximum number of residential dwelling units which may be permitted to be constructed on a given parcel of land shall be the calculated development limit less the number eliminated due to environmental constraints as determined Pursuant to this ordinance. Figure 1 Slope ratio percent slope and degree of slope are shown for some hillsides of varying steepness F standards are requirements for the use, development, or alteration of land in Hillside areas. The Guidelines are to be utilized to provide direction to encourage development which is sensitive to the unique characteristics common to hillside properties. The purpose for the Guidelines is to protect existing hillsides and to encourage innovation, to the extent that is, the end result is one which respects the/hillside and is consisent with the goals and policies of this Ordinance. The Guidelines shall be used by the Planning Commission and the City Council in evaluating those development proposals for which it is proposed to go beyond the minimum standards herein specified. Exceptions to the standards specified herein may be approved, pursuant to the Conditional Use Permit (CUP) process, when the approving agency determines that such exceptions are not materially injurious to the intent of the standards and guidelines set forth herein. In granting any such exception, the approving agency shall set forth appropriate findings specifying the facts supporting its determination. In granting any such exception, the approving agency shall set forth appropriate findings setting forth the facts supporting its determination. "Where the Plannina Commission determines that the literal enforcement of the provisions of this Ordinance for parcels which may be too small and of a configuration which would create a hardship, the Com- mission may vary from the standards contained herein; provided that a variation from the strict application of the Code be accompanied by reduction in the maximum permitted density to the extent deemed necessary to maintain the intent of the Ordinance. variations may include modifications of the setback requirements to achieve clustering of development on the parcel, in order to maintain the grading, drainage sitina and circulation objectives of the Ordinance: except that residential structures shall be sited and designed in a manner which will, in the iudament of the Plannina Director, maintain a vertical and horizontal distance from other residential structures which will provide a reasonable degree of privacy, light and air between residential structures." "Where deve_lopmdnt is proposed for a parcel which adjoins one or more vacant, developable parcels, cooperation of the respective property- owners is encouraged in the Planning of the road network, utilities plan and open space Program for the area as a whole. The City shall consider variations from the strict application of the provisions of this Ordinance as may be needed to achieve cooperation among all continuous propertyowners of vacant developable Properties to the extent that such variation may better achieve the objectives of this Ordinance" Section 3. Application Filing 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. 20 percent, 20 up to 25 percent, 25 up to 30 percent, 30% to 35% and 35 percent or greater. Also included shall be a tabulation of the land/area in each slope category specified in acres. Combining '8' and 'C' is not a permitted calculation SLOPE FORMULA Average Cross Slope - Slope 'A' 5'1100' _ .05 = 5% Slope '8' 30720' = 1.50 = 150% - Slope 'C' 6'/30' = .2 = 20% 11 1� F. In the event the abatement is not performed as required in subsection C of this section, the City Council may instruct the Fire Marshal 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 City Council may cause the same to be done and make the expense of such correction a lienon the property upon which such conditions exist. G. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. B. Grading The following standards define basic grading techniques which are consistent with the ordinance and avoid unnecessary cut and fill. Limitations on project grading amounts and configurations will be decided on a case-by-case basis under the conditional use process. Standards. i. No finished slopes greater than fifty percent (50% or 2:1) may be created except beneath a structure where the maximum created slope is limited to sixty-seven percent (67% or 1-1/2:1) or less. ii. 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 landscaped shall be disturbed. Top soil shall be stockpiled during rough grading an used on cut and fill slopes. Revegetation of cut and fir slopes shall occur within three (3) months to the satisfaction of the City. iii. 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 retention hos been approved by the City Engineer without regard to time of year. iv. 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 backfilled and in addition, erosion treatment provided where slopes exceed twenty (20) percent. 15 b. Guidelines. i. Contour grading techniques should be used to provide a variety of slope percentage and slope direction in a three dimensional undulating pattern .similar to existing, adjacent terrain. Hard edges left by cut and fill operations should be given a rounded appearance that closely resembles the adjacent natural contours. ii. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby, hiding the slope behind the structure. THIS Larger manufactured slopes should be located on the uphill side of the structure to reduce the appearance of 99►ad{pg from the street Slopes ahould be rounded to provide a more natural appearance �. V Street NOT THIS 1 ` Street 17 3. The following factors shall be taken into considertaion in the design of a project: a. When space and proper drainage requirements can be met with approval by the City Engineer, rounding of slope tops and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance. C. A rounded and smooth transition shall be made when the planes of man-made and natural slopes intersect. d. When significant landforms are "sliced" for construction, the landforms shall be rounded as much as possible to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. 4. No manufactured slope shall exceed 30 feet in height between terraces or benches. �„ „_ Retain the integrity Over -emphasized vertical NOT THIS structures disrupt the natural silhouette of the hillside 1 19 C. Hard edges left by cut and fill operations should be given a rounded appearance that closely resembles the natural contours of the land. THIS Small irregular berm accentuates the top of the slope \ \j Variety in Zi— pe bank grading creates a natural appear\ e©�I more resembling cC P nature i E- I` I Drainage \ lectures are obscured NOT THIS i io�zo �o w Landscaping �—accentuates Drainage contour undulation r. features become Very visible Engineered slope banks look forced and unnatural I I Use of.radii and uneven slopes Use of angles and uniform slopes d. Manufactured slopes adjacent to roadways should be modulated by sufficient berming, regrading, and landscaping to create visually interesting and pleasing streetscapes. THIS Variety in undulating slope / bank creates pleasing roadscap 21 IN NOT THIS Straight slope bank heightens monotony of road• way landscape THIS NOT THIS a homeowners association, otherwise the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. b). Project boundaries - Onsite 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 homeowner's association, or it shall be conveyed in a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. Variable Usa of native rocks to naturalize man-made brow ditch Typical brow ditch with A.C. or eonerat• liner W _ 25 ii. 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. Section 6. Access and Parking a. Standards. His r`Y ^— L 3' max m , 3' max Street t 3' max Street i. Driveway grades up to a maximum of twenty (20) percent are permitted, and shall be aligned with the natural contours of the land. Proper design considerations : shall be employed, including such items as vertical curves and parking landings. In any case, parking landings shall be utilized on all drives over ten (10) percent grade. ii. Driveways shall not be permitted which exceed twenty (20) percent slope except that one length, not at the point of access, of not more than ten (10) feet may have a slope of twenty-two (22)percent. Grooves for traction shall be incorporated into the construction of driveways with a slope of twenty (20) percent or greater, a coarse paving matter into the construction. iv. Where retaining walls are necessary adjacent to roadways or within street setbacks, they shall be limited to three (3) feet in height in order to avoid obstruction of motorists' and pedestrians' field of view, and to create an aesthetically pleasing streetscape. No more that three (3), three (3) foot high terraced or stepped retaining walls shall be utilized which are separated by a minimum of three (3) feet and appropriate landscaping. Slopes not greater than fifty (50) percent (or 2:1) will be permitted upon review and approval by the Fire Marshall. 25 straight alignments or by building switch -backs on visually prominent hillsides, split sections and parking bays should be utilized in the layout.of hillside streets. THIS Reduce grading by / aligning roads along / natural grades NOT THIS Roads and hillside grading -� Avoid running counter to steep grades ae A _ 11 To get from A to S. route selection would be somewhere between perpendicular and Parallel to the contours 27 A _ 11 To get from A to S. route selection would be somewhere between perpendicular and Parallel to the contours 27 Section 7. Trails 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 ih appropriate areas, such as undevelopable, steep slopes. r . jr!�.' � •. � i , Amt" � ti �. l���.j.% ' ��-r•'i,C'.'-�.` ... div{ , ..� f _ 7• . j ,_ �1 1 ' •.yir•=.^r��14/�•. r.(�•� �il,� �i�'� ..-.':r.'.�•• Vi:�, r- �' �r1 29 Section 9. Site Design a. Standards. THIS i. The dimensions of a building parallel to the direction of the slope shall be maximized in 'order to limit the amount of cutting and filling and to better fit the house to the natural terrain. NOT THIS Terraced decks do not 6 6 Overhanging decks increase building bulk j/f make building / seem more Effective bulk with �•' + massive or without decks Effective bulk Building correctly fits into the ground and minimizes the effect on the hillside. ` Use of roof decks, low level decks, and side of i building decks Terracing reduces bulk j T: X� Effective bulk d q'_ /1 s Effective bulk Smaller overhangs for individual floors or windows help break.yp mass and protect against excessive sunlight Nigh profile building stands out on the hillside Avoid decks hanging jjom the downhill side ` with long pole supports Cantilever makes building appear taller, more monumentat• Effective bulk !r� Excessive roof overhang ; results in additional visual bulk �. Effective bulk 31 Section 10. Architecture a. Standards. i. The building envelope for all structures shall be as follows: 1. Downhill lot - A maximum/ height of thirty-five ( 3 5 ) feet as measured from natural grade at the front setback, extending towards the rear of the lot. The maximum height at the side setbacks shall be twenty (20) feet extending up to the center of the lot at a forty-five ( 4 5 ) degree angle to a maximum height of thirty-five ( 3 5 ) feet as measured from natural grade. BUILDING ENVELOPE FOR DOWNHILL LOT i 1351 \ CS! Minimum front setback i a 3, a'' Downhill Section \ j Minimum side setback Rearisetback Street Elevation 33 ii. The building shall be terraced to follow the slope. Architectural treatment shall be provided to all sides of the structure visible from adjacent properties, roadways or public rights of way. iv. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. -v. Eg-'6*ior flood lighting for safety shall be located and shielded so as not to shine on adjacent properties. Decorative lighting to highlight a structure is prohibited. THIS Large roof areas broken up i Use of natural materials and window placement in small increments create interesting small scale patterKs Break up massing of structural elements to more closely approximate the natu►ai slope Stone foundations and retaining walla relate to the ground 35 NOT THIS Massive roof area is very visible in contrast to the natural slope Large facade of one material, even if modulated by windows, seems plain _ vi. 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 nn thw ha1.:d- Minor building protrusions which are perpendicular to the contours are acceptable but should be stepped or inset in the hillside I Building is parallel with NOT THIS the contours IN !Y O O Building is perpendicular to the contours 37 vi. Landscaping shall be used to screen views of downslope building elevations. When the structure height exceeds twenty ( 2 0 ) feet from finished grade on a downslope, additional landscaping is required and a landscaping plan shall be submitted for review with the submittal package. vii. 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 five (5) feet'or greater in height, jute netting shall be used to help stabilize planting and minimize soil erosion. Viii. Native vegetation shall be retained and supplemented within canyons and along natural drainage courses as allowed by state and federal resource agencies (State Department of Fish & Game, U. 5. Fish and Wildlife, U. S. Army Corp. of j Engineers). THIS NOT THIS Planting naturally follows the average slope Screening required >'�*� Tranfition area Open see-thru fencing that blends into the natural environme :h.� 3.5'maximum retaining wall rHighly visible solid wail Over 3.5'(not allowed) No screening Clear cut separation between natural condition and developed area with no transition Natural landform planting should be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines, and provide erosion control. �6t'a"'y THIS -A y b 0- Landform _ Landfarm planting Irregular visual plane in cross-section e J' NOT THIS —0. s Conventional planting I Uniform X i visual plane /a in cross-section /�a P 41