ARTICLE VIII

 

BUILDING REGULATIONS, SEWAGE AND WASTE

 

CHAPTER 5

 

GRADING DEVELOPMENT STANDARDS,

GUIDELINES AND PROCEDURES


Administrative Review and Authority Action by Review Agency

Appeals

Application Review for Multiple Lot Development Projects

Application Review for Single Lot Development Projects

City Council Review of Grading Development Projects

Formula to find average slope of a lot

Definitions - Grading Ordinance

General Standards Applicable to All Single Lot and Multiple Lot Grading Development Projects

Grading Development Policies

Percentage of Lot to be left in natural state - Graph

Procedures

Project Approval by Review Agency

Multiple Lot Development Projects Conforming to Standards

Multiple Lot Development Projects-Exception to Standards

Single Lot Development Projects- Exception to Standards

Properties ordinance applies

Purpose of Grading Ordinance

Required Application Materials

Additional Application Materials

Waiver of Requirement for Application Materials

Right of City to Impose Conditions

Standards for Multiple Lot Development

Standards for Multiple Lot Development - Access

Standards for Multiple Lot Development - Grading

Standards for Multiple Lot Development - Lot Configuration- Flag lots

Standards for Multiple Lot Development - Other

Standards for Single Lot Development Projects

Standards for Single Lot Development Grading

Standards for Single Lot Development - Access

Standards for Single Lot Development Other.


 

8500. Short Title. This chapter shall be known as the "Grading Development Management Program". (Ord. #27, S8500)

 

8501. Purpose. It is the City's position that its hillsides are a valuable resource to the community, providing a visible geographical boundary to the City and aesthetic relief to the Viewscape from virtually every location in La Habra Heights To date, development in this community has generally avoided creating the significant negative effects common to the practice of mass grading to provide building sites. The end product of past development practices in La Habra Heights has largely been the retention of natural land forms and enhancement of the community's "rural" character. However, much of the remaining undeveloped acreage in the City can best be described as steep, consisting of slopes in excess of thirty to forty (30-40%) percent, and visually prominent. Further, the City's hillsides contain or surround several significant environmental and aesthetic resources.

 

The purpose of the Grading Development Management Program and the performance standards and guidelines incorporated therein is to promote the most orderly development of the City's remaining hillsides, ensuring that such development is consistent with existing surrounding development patterns, is carried out in a manner which promotes and enhances public safety and general welfare and is non-disruptive of the predominant hillside character of the community. Specifically this chapter:

 

a. Insures, insofar as practicable and in permitting reasonable use of land and minimizing fire hazard, the maximum retention of ground cover to aid in protection against flooding, erosion, earth movement, siltation, and other similar hazards.

 

b. Protects property values by insuring the maximum preservation of the natural scenic character of the area consistent with the reasonable use of such property.

 

c. Insures that the development of each parcel of land, as well as water courses, streets and other public lands and places, occurs in a manner harmonious with adjacent lands so as to minimize problems of flooding, drainage, erosion, earth movement and similar hazards, and to maintain the visual continuity of hill and valley without unsightly continuous benching of building sites.

(Ord. #27, S8501)

8502. Applicability.

 

a. The Grading Development Management Program shall apply to any lot or parcel of land located within the corporate boundaries of the City of La Habra Heights. Additionally, the provisions of this chapter shall apply to previously graded lots, for which no building permits currently in effect have been issued.

 

b. For the purposes of the Grading Development Management Program, average slope shall be defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The average slope "S" is computed on the net area of the parcel by the following formula:

 

S=0.002296IL / A

 

Where S = Average percent slope

I = Contours interval vertical in feet

L = Summation of length of all contours in feet

A = Area in acres of parcel being considered (Ord. #27, S8502)

 

8503. Definitions. For the purposes of this chapter, unless the context

otherwise requires:

 

City shall mean the governmental unit known as the City of La Habra Heights;

Grading Development Project shall mean any development, subdivision, construction, grading or other activity which requires issuance of a building, grading, conditional use, or other development or construction-related permit or approval of a land subdivision by the City and/or any of its contract agents;

May is permissive;

 

8.502

GRADING DEVELOPMENT STANDARDS, GUIDELINES, PROCEDURES 8504

 

Natural State shall mean natural or existing contours of the land, natural or existing riparian vegetation. Nothing herein shall be construed to discourage removal of weeds or highly flammable vegetation;

 

Review Agency shall mean the City Council, the individual, or committee appointed by the City Council to review Grading Development Projects;

 

Shall is mandatory. (Ord. #27, S8503)

8504. Grading Development Policies. The following policies are reflective of community standards and shall apply to all development projects undertaken in the City:

a. Existing community character, as defined by such factors as visual appearance, density road widths and vegetation shall be preserved and/or enhanced;

b. Prominent land forms within the community shall be preserved including, but not limited to knolls, significant ridgelines and watercourses;

c. Significant hillside viewscapes visible from points within the City shall not be detrimentally altered by the intrusion of highly visible cut and/or fill slopes, building lines and/or road surfaces;

d. The visual impact of grading shall be minimized;

e. Levels of development shall be coordinated with available and potential circulation capacities and shall be controlled by the ability to provide adequate access within the constraints defined in this chapter;

f. Development in areas of exposure of high fire risk shall be subject to reasonable mitigation measures formulated during the project review process to reduce such risk;

g. Development shall be planned in such a manner as to avoid flood, mud slide and subsidence risk to residents and structures on or near hillside areas, as well as downstream of any project; and

h. Significant environmental and recreational resources shall be preserved and enhanced, including measures to prevent visual or physical encroachment into such resources. (Ord. #27, S8504)

 

 

8.503

8505 LA HABRA HEIGHTS MUNICIPAL CODE

 

8505. Procedures. The intent of this section is to outline the general procedures for applying the provisions of the Grading Development Management Program.

The City recommends that applicants approach the City staff with preliminary drawings of site plan development for review of conformance. Further, it is the intent of these procedures to provide early coordination between the City's Grading Management Procedures and the Environmental Review process and to provide for the incorporation of mitigation matters required by the City into project and site plan design.

 

The requirements and procedures set forth in this chapter are intended to supplement and be used simultaneously with requirements and procedures set forth in Chapter 70 of the Los Angeles County Building Code, the La Habra Heights General Plan, the City's zoning and subdivision ordinances and regulations, environmental review process and the City's building and development codes. However, in instances where this chapter conflicts with any other ordinance, Chapter 70, or regulation of the City, the provisions of this chapter shall take precedence and apply. (Ord. #27, S8505; Ord. #80, 59)

 

8506. Required Application Materials. In addition to all materials and procedures required by the City's subdivision, zoning, building and grading regulations and

environmental review procedures applicable to projects falling within the scope of this chapter, submittal of the following application materials shall be required for all projects provided for herein:

 

a. A site or plat plan, drawn to a scale prescribed by the Review Agency, but no less than a scale of one inch equals one hundred (1" = 100') feet, reflecting the proposed project, including representations of property lines and all recorded and proposed easements and public rights-of-way.

 

b. A topographical map of the project site. This map shall be drawn to the same scale as the site or plot plan required in a. above, with a maximum contour interval of ten (10') feet;

 

c. A complete grading plan for the project, drawn to the same scale as prescribed above.

 

d. A map, drawn to the same scale as prescribed above, locating all riparian vegetation and existing trees on the project site with a trunk diameter of four (4") inches or greater measured at a point twelve (12") inches from the ground and/or having a vertical height from ground level to treetop level of fifteen (15') feet or greater. This map shall define the species of all such trees and identify their appropriate trunk diameter, height and condition.

 

e. A complete Environmental Assessment, in a form to be provided by the City.

 

f. A soils engineering report which shall contain, but not be limited to, data regarding the nature, distribution and strengths of existing soils, conclusions and recommendations for grading procedures, design criteria for any identified corrective measures, and opinions and recommendations covering the adequacy of sites to be developed, including evidence that adequate soil percolation exists to permit disposal of domestic sewage effluent This investigation and report shall be performed by a professional soils engineer who is experienced in the practice of soil mechanics, is registered with the State of California, and whose name appears on the latest list approved by the Los Angeles County Engineers.

 

g. A geology report which shall include, but not be limited to, the surface and sub-surface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions, and recommendations covering the adequacy of the Site to be developed, and design criteria to mitigate any identified geologic hazards. This investigation and report shall be completed by a professional geologist who is experienced in the practice of engineering geology, is registered with the State of California and whose name appears on the latest list approved by the Los Angeles County Engineers.

(Ord. #27, S8506)

 

8507. Additional Application Materials. In addition to the materials listed

above, if deemed necessary by the review agency to review any proposed Grading Development Project, the review agency may require submittal of any or all the following materials:

 

a. A hydrology report which shall include, but not be limited to, the hydrologic conditions on the site, possible flood innundation, downstream flood hazards, natural drainage courses, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified hydrologic hazards consistent with these regulations. This report shall account for all runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a proposed development project. Runoff and debris amounts shall be computed using the Los Angeles County Flood Control District criteria. This investigation and report shall be completed by a registered Civil Engineer experienced in the science of hydrology and hydrologic investigation.

 

b. A landscaping plan which shall accurately show the final disposition of all existing trees* and riparian vegetation, as specified in Section 8506 above, on the project site

 

* Editor's Note: Ordinance No. 131U was adopted on February 9, 1989. This Ordinance restricts the number of trees which may be removed from a parcel during a twelve (12) month period. It is effective for forty-five (45) days following adoption on February 5, 1989, if it is not further amended to extend these restrictions.

 

and the type and extent of proposed vegetation, to be planted on created slopes, including provisions for ongoing maintenance and irrigation thereof. Specific consideration should be given to vegetation of created slopes, to ensure slope stability, and to ongoing maintenance of vegetation associated with roadways and with private driveways of more than one hundred fifty (150') feet in length or serving more than one (1) building site. This plan shall be drawn to the same scale as is prescribed for the application materials required by Section 8506 above.

 

c. A three-dimensional scale model of the project site, to such scale as prescribed by the Review Agency.

(Ord. #27, S8507; Ord. #80, S1)

8508. Waiver of Requirement for Application Materials. The requirement to submit any or all of the materials enumerated above may be waived by the Review Agency, under the following conditions:

 

a. The existence of recently completed and satisfactory reports covering the same subject matter on the same site.

 

b. Inclusion of any or all of the above reports as part of an Environmental Imp act Report or Negative Declaration, if either is required or has been satisfactorily completed for the proposal on the site.

 

c. The existence of reports as described in paragraph a and b above, previously prepared for a site or area adjacent to the project site, if the project site and such adjacent site or area may reasonably be expected to possess similar characteristics relative to the development issues addressed by this chapter.

(Ord. #27, S8508)

 

8509. Application Review for Single Lot Development Projects. For the purposes of this section, a single lot development project shall be considered to be any construction, grading or other similar or related activity on a legally established lot or parcel of land which is not a part of or adjacent to any other lot or parcel owned or under the control of the same person requiring issuance of any permit or approval by the City or its contract agents.

 

An application for a single lot development project shall be submitted to the City in accordance with Section 8506, above. Such application shall be reviewed by the Review Agency to ascertain the degree of project conformance to the single lot development standards set forth in this chapter. (Ord. #27, S8509)

 

8.506

GRADING DEVELOPMENT STANDARDS, GUIDELINES, PROCEDURES 8512

 

8510. Administrative Review and Authority Action by Review Agency.

 

a. If, based on a review of all submitted application materials and such other information as may be available to the Review Agency, a particular project is found to conform in substance to each of the standards and criteria set forth in this chapter for single lot development projects and if the project is found not to be in conflict with or potentially detrimental to the public health, safety or welfare or other community standards and conforms to the City's General Plan and all other ordinances and regulations of the City, the Review Agency may approve the particular project and authorize issuance of necessary permits by the City and/or its contract agents.

 

b. If based upon review of all submitted application materials and such other information as may be developed by the review agency, a particular project is found to conflict in substance with one or more of the standards and criteria set forth in this chapter for single lot development projects or conflict with or be potentially detrimental to the public health, safety or welfare or other community standards and the project applicant does not alter the project design to eliminate such conflict, the project application shall be denied.

(Ord. #27, S8510; Ord. #80, 52)

 

8511. Application Review for Multiple Lot Development Projects.

For the purposes of this section, a multiple lot development project shall be considered to be any development of (1) two (2) or more contiguous lots or parcels of land, (2) the development of a single parcel where any adjacent lot or parcel is under common ownership or control, or (3) the provision of access to one (1) or more lots or parcels where no access is currently provided or the creation of two (2) or more parcels or lots from one (1) existing parcel or lot.

 

a. Applicants submitting proposals for multiple lot development projects must include as part of any proposed project all contiguous land(s) under common ownership and/or control. The intent of this requirement is to enable the City to plan for required public improvements and/or services comprehensively and on an integrated, rather than piecemeal basis, to the greatest possible extent. This regulation is not to be construed as a requirement for immediate or simultaneous implementation of all phases of an approved development plan.

 

b. All multiple lot development projects shall be subject to review and action by the City Council.

(Ord. #27,S8511)

 

8512. City Council Review of Grading Development Projects.

Applications for single lot development projects referred to the City Council in accordance with Section 8510 above and all applications for multiple lot development projects as defined in this section shall be subject to the approval of the City Council. A project application considered by the City Council under this section shall be reviewed for conformance with the standards and criteria for single and multiple lot development projects set forth in this chapter and for consistency with other community standards, including, but not limited to standards fur health, safety and welfare. (Ord. #27, S8512)

 

8513. Project Approval by Review Agency.

 

a. Multiple Lot Development Projects Conforming to Standards. The review agency may approve an application for a multiple lot development project if it is found to conform to the standards and criteria for multiple lot development projects set forth in this chapter and the project is determined to conform to the City's General Plan, Zoning Code and all other City ordinances and regulations and is further determined not to be detrimental to the public health, safety and welfare.

 

b. Single Lot Development Projects- Exception to Standards. The review agency may approve an application for a single lot development project which does not conform to the standards and criteria for single lot development projects, if it makes the following findings:

 

1. The project will not be detrimental to the public health, safety or general welfare

 

2. The project will not adversely affect the orderly development of property within the City.

 

3. The project will not adversely affect the preservation of property values and the protection of the tax base within the City.

 

4. The project will not adversely affect the goals and policies set forth in the City's General Plan.

 

5. Approval of the project will not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity and zone in which the proposed project Site is located.

 

6. The project will not create a nuisance, hazard or enforcement problem within the neighborhood or the City or require the City to provide an unusual or disproportionate level of public services.

 

7. The project will not encourage development inconsistent with the character of the existing development within the neighborhood.

 

8. There are special conditions or unique characteristics of the subject property and its location or surroundings which justify relaxation of one (1) or more of the standards set forth in this chapter to permit project development.

 

9. No other reasonable alternative is available which would result in closer conformance to the objectives and policies.

 

c. Multiple Lot Development Projects-Exception to Standards. The review agency may approve an application for a multiple lot development project which does not entirely conform to the standards and criteria for multiple lot developments set forth in this chapter if findings 1 through 9 enumerated above are made and if the review agency finds that the project is consistent with the City's General Plan and the policies, standards and criteria enumerated therein.

(Ord. #27, 58513; Ord. #80, S4)

 

8514. Grading Development Standards. In recognition of the difference in character between single lot development projects and potentially more flexible multiple lot development projects, where impacts can be mitigated by distribution over a wider scale, in addition to the general standards set forth in Section 8515 below, this chapter sets forth separate standards and criteria for judging single lot and multiple lot hillside development projects. (Ord. #27, 58514)

 

8515. General Standards Applicable to All Single Lot and Multiple Lot Grading Development Projects.

 

a. Both single lot and multiple lot grading development projects pose unusually high exposures to fire and flood runoff, land slippage and erosion hazards. It is the City's intent to minimize to the fullest extent possible any such exposure. Consequently, all single lot and multiple lot grading development project designees shall incorporate the following features:

 

1. Where applicable, lot designs and the location of proposed improvements shall permit accommodation of debris from potential land slippage and/or erosion without damage to improvements and with access to a street to provide for cleanup and removal.

 

2. To minimize storm drainage runoff, the amount of impervious coverage of any lot shall be restricted to fifty (50%) percent of the allowed gradable area of the lot. Driveways shall be considered to be impervious surfaces, regardless of the construction materials which are used.

8.509 Rev. Ord. Supp. 3/91

8515 LA HABRA HEIGHTS MUNICIPAL CODE

 

 

3. Passage for bulked-flow runoff shall be provided to a safe point of discharge, in a manner such that damage to improvements or slopes will not result. Natural stream gradients shall not be flattened.

 

4. An emergency overflow route for flood and debris flows which exceed the design capacity of planned drainage, flood control and debris facilities and devices shall be provided. Overflow routes shall direct overflows away from slopes and improvements and toward safe points of discharge.

 

b. To preserve the rural character of the City and remain consistent with grading Development Policies described in Section 8501, a percentage of each lot must be left in its natural state. The amount of land to be left in its natural state depends on the average slope and size of lot and will be determined utilizing the graph below.



GRADING DEVELOPMENT STANDARDS, GUIDELINES, PROCEDURES 8515

 

The requirement to retain a percentage of land in its natural state may be waived when the proposed grading is intended for agricultural purposes eg., terracing for planting or restoring avocado or citrus groves, and will not constitute a threat to public health, safety and welfare. The Review Agency may attach conditions to any approval for agricultural grading. Terraces created for the above purpose shall be no wider than twelve (12') feet and any agricultural grading shall conform to all applicable provisions of this ordinance.

 

c. Deposits of Earth, Rock, etc. are Prohibited.

 

1. Depositing. No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or to roll, blow, flow, or wash upon or over the premises of another without the express written consent of the owner of such premises so affected or upon or over any public place or way.

 

2. Spilling. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material or debris over any public street, alley or other public place, allow such material to blow or spill over and upon such street, alley or place, or adjacent private property.

 

3. Removal of Debris. If, due to a violation of sub-paragraphs 1 or 2 of this paragraph c, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or private property, the person responsible therefor shall cause the same to be removed from such public place or private property within thirty-six (36) hours, or immediately after notification by the City if an adverse condition is caused. In the event it is not so removed, the City and/or its contract agents shall cause such removal and the cost of such removal shall become a lien against the property. After notice and hearing the City Council may revoke the business license of any person who fails to remove material as required by this section.

 

d. If the grading permitted is not initiated within one hundred eighty (180) days from the date of approval and completed within three hundred sixty-five (365) days, the grading approval shall expire and become null and void. The Review Agency may grant extension beyond these specified periods for cause for a period of time not to exceed one hundred eighty (180) days.

 

e. No grading permits will be issued until all other plans appurtenant to the proposed project have been approved and permits applied for.

 

f. Any lot or building site developed under the provisions of this chapter shall provide and maintain a minimum of four (4) off-street parking spaces which shall not be developed in a tandem and which shall be readily accessible from the street from which access to the lot or building site being developed is derived. This requirement is preeminent over the parking space requirements set forth in the City Zoning Ordinance. The intent of this requirement is to relieve parking congestion along narrow hillside streets to allow for adequate traffic circulation and emergency vehicle access. However, this requirement may be waived if the width of the street upon which the lot or building site is located is sufficient to provide onstreet parking without obstructing movement of emergency vehicles; except that the City may additionally require greater unobstructed widths at curves and turns to accommodate the turning requirements of emergency vehicles as a condition of waiver of this additional onsite parking.

(Ord. #27, 58515; Ord. #34, 51; Ord. #154, 51)

 

8516. Standards for Single Lot Development Projects. Single lot hillside development projects shall conform to and shall be reviewed by the City in line with the following standards. As provided for in Section 8509 of this chapter, any project which does not entirely conform to these standards can only be approved if the specific findings previously enumerated in Section 8513 of this chapter are made by the review agency. (Ord. #27, S8516; Ord. #80, S5)

 

8517. Standards for Single Lot Development Grading.

 

a. The vertical height of any finished cut slope created for the purpose of developing a residential dwelling site shall be limited to the height of the proposed structure or to a maximum of twenty (20') feet, whichever is less. The lateral extension (width) of the finished cut slope shall not exceed the maximum width of the house by more than a total of thirty (30') feet. The interest of this standard is to require location of the proposed structure on any project site to be such that maximum concealment of a created slope is accomplished. In accordance with the provisions of Chapter 70 Section 7009a of Section 8100 of the La Habra Heights' Municipal Code (Building Code), no cut slope may have a finished grade of greater than one and one-half to one (1 1/2 to 1), except that the grade of a finished cut slope may exceed one and one-half to one (1 1/2 to 1), but may not exceed one to one (1 to 1) upon approval of a soils engineer and/or geology report demonstrating stability of such a slope to the satisfaction of the review agency.

 

b. The vertical height of any finished cut slope created for the purpose of developing a site for a use or structure accessory to a residential dwelling unit shall be limited as follows:

 

1. If any accessory structure other than a swimming pool or tennis or similar court is proposed, and such proposed accessory structure will be permanent and requires issuance of a building or other related permit by the City, a finished cut slope may be created to enable development of such a structure, subject to the limitation that the vertical height of such a cut slope shall not exceed the height of the proposed

8.512 Rev. Ord. Supp. 3/91

GRADING DEVELOPMENT STANDARDS, GUIDELINES, PROCEDURES 8517

 

 

structure; except that in no instance shall such a slope exceed a vertical height of twenty (20') feet. Further, the lateral extension (width) of the finished cut slope shall not exceed the maximum width of the proposed accessory structure by more than a total of twenty (20') feet. As intended in a. above, the purpose of this standard is to provide for maximum concealment of the cut slope by the proposed structure.

 

2. For the purpose of developing a site for a tennis or similar court, swimming pool, corral or other accessory use to a residence, the vertical height of any finished cut slope shall not exceed eight (8') feet and the lateral extension (width) of the finished cut shall not exceed twelve (12') feet more than the width of the court, pool and deck or corral. Provisions shall be made to the satisfaction of the Review Agency for revegetating such cut slopes.

 

c. The vertical height of all finished fill slopes shall not exceed twenty (20') feet. The slope grade shall not exceed two to 1(2:1) at any point: except that the grade of a finished slope may exceed two to one (2:1) but may not exceed one and one-half to one (11/2:1) upon approval of a soils engineering and/or geology report demonstrating stability of such slope to the satisfaction of the Review Agency. No portion of a fill slope greater than ten (10') feet in

vertical height shall extend laterally mone than sixty (60') feet without curving or undulating in a fashion simulating natural topographical conditions.

 

d. The outside corners and edges of any cut slope or fill slope shall be rounded with a convex radius of not less than twenty-five (25') feet, and where a cut slope or fill slope meets natural grade, such slope shall be blended into the natural grade with a concave radius of not less than twenty-five (25') feet, except that both the top and bottom of any cut slope or fill slope shall be rounded with a radius of not less than five (5') feet at such extremity.

 

e. Where a cut is made for a driveway or roadway, the maximum vertical height of the finished cut slope from grade shall not exceed eight (8') feet, except for access from right-of-way and one (1) switch back, but in any event shall not exceed twenty (20') feet. Provisions shall be made to the satisfaction of the Review Agency for revegetating all cut slopes adjacent to public roadways and private driveways.

 

f. All cut and fill slopes shall be planted with sufficient vegetation to enable total coverage of exposed slope face within three (3) years after final grading.* The City may require installation of a permanent irrigation system. The plant palette of such slopes should blend as much as possible with the natural plant palette, consistent with regulations established for public safety by the City and by the Fire Department. Insofar as trees and shrubs may be employed in a manner consistent with this intent, such plantings are encouraged.

 

* Approved ground covers available on list at the City Office or as recommended by licensed landscape architect shall be used.

 

g. All other City regulations and code requirements pertaining to grading shall also apply, unless specifically in conflict with the requirements set forth herein.

(Ord. #27, S8517; ord. #80, 58)

 

8518. Standards for Single Lot Development - Access.

a. For private driveways serving one (1) dwelling unit, minimum graded width

shall be fifteen (15') feet and paved width shall be twelve (12') feet. For private driveways serving more than one (1) dwelling unit, minimum graded and paved width shall be twenty (20') feet. In either instance, a turn-around area satisfactory to the Fire Department must be provided at or near the end of the driveway. An approved surfacing may be substituted for paving when grade does not exceed ten (10%) percent.

 

b. The finished grade of any driveway shall not exceed twenty-five (25%) percent. (Ord. #27, 58518)

 

8519. Standards for Single Lot Development Other.

 

a. Proposed building sites and/or structures shall not detrimentally impact to a significant extent an important ridgeline, knoll, watercourse, streambed or major viewscape within the City, or intrude into a viewline of an important environmental resource. These features shall be mapped and on file with the City for inspection; and

 

b. The proposed development shall be consistent with all other building and zoning standards of the City of La Habra Heights.

(Ord. #27, 58519)

 

8520. Standards for Multiple Lot Development - Grading. Unless excepted, as provided for in Section 8513 of this chapter, all multiple lot development projects must conform to the grading standards set forth in Section 8517 for single lot development projects. All finished cut slopes created for multiple lot development projects shall be planted and contoured to present an undulation or natural appearance and shall be made to blend with natural grade. (Ord. #27, 58520)

 

8521. Standards for Multiple Lot Development - Access. The access standards set forth in Section 8518 for single lot development projects shall also apply to multiple lot development projects; except that such additional standards as set forth hereunder shall also apply:

 

The finished grade of any dedicated public street or private street shall not exceed fifteen (15%) percent; except that, in exceptional circumstances, at the discretion of the review agency a road grade of twenty (20%) percent may be created for a limited distance. The purpose of such exception, however, shall only be to provide access to site in difficult terrain where no other reasonable access is possible and in the written opinion of a qualified engineer such grade is not inherently dangerous. (Ord. #27, S8521; Ord. #80, 56)

 

8522. Standards for Multiple Lot Development - Lot Configuration. Flag lots may be permitted subject to the following findings:

 

a. The proposed lot design offers an opportunity to minimize cut and fill which would otherwise be required to create a building site;

 

b. The proposed lot design will take advantage of a natural building site;

 

c. The proposed lot will not significant infringe upon the privacy of any other home or home site in proximity to i~

 

The structures on the proposed lot shall be subject to a minimum setback on all sides of twenty-five (25') feet. Flag lots shall be prohibited if all of the above findings cannot be made.

(Ord. #27, 58522)

 

8523. Standards for Multiple Lot Development - Other.

 

a. The City shall require dedication of development rights to ensure that subdivisions of land as part of a multiple lot development project shall be final subdivisions;

 

b. Proposed building sites and structures shall not detrimentally impact to a significant extent an important ridgeline, knoll, watercourse, streambed or major viewscape within the City or intrude into a viewline of an important environmental resource. These features shall be mapped and on file with the City for inspection; and

 

c. The proposed development shall be consistent with the City's General Plan and with all other building and zoning standards of the City of La Habra Heights.

(Ord. #27, S8523)

 

8524. Right of City to Impose Conditions. The City may impose such conditions of approval as are reasonable on any single lot or multiple lot development project, so long as such conditions are consistent with the intent of this chapter, the City's other ordinances and regulations, and the City's General Plan and promote the general public health, safety and welfare. (Ord. #27 S8524)

 

8525. Appeals. Any action by the review agency under this chapter is subject to appeal to the review agency of next higher authority by any person upon filing a written

 

 

 

8.515

8526 LA HABRA HEIGHTS MUNICIPAL CODE

 

 

notice of such appeal to the City within fifteen (15) days of notice to the applicant of such decision along with payment of the appeal fee as established by city Council Resolution. (Or~

#27, 58525; Ord. #80, 57)

 

8526. Fees. Reasonable tees may be imposed by the city for review of project applications and appeals. (Ord. #27, 58626)

 

8527. Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such division shall not affect the validity of the remaining portions thereof. The City hereby declares that it would have adopted this chapter, and each section, subsection, clause and phrase thereof, irrespective of the fact that any one (1) section, subsection, sentence, clause and phrase thereof be declared invalid or unconstitutional. (Ord #27, S8627)

 

8528. Conditions. Notwithstanding Section 7021(b) of the Building Code, any grading permit involving the import or export of materials shall not be issued without the prior approval of the review agency and the specific authorization expressly contained in the permit. (Ord. #80, SlO)

 

8.516