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Ordinance No. 121 ORDINANCE NO. 121 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 9 OF THE CHINO HILLS MUNICIPAL CODE, PLANNING AND ZONING, RELATING TO GENERAL HILLSIDE DESIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Chino Hills does hereby find, determine, and declare that: i A. The revisions of the hillside design regulations, as set forth in the Ordinance (File No. 98DCA04), would help ensure that the quality and image of the new residential development projects in the City's hillside areas meet the community's expectations. B. The Ordinance would strengthen the City's requirements relating to development of properties within the hillside areas over those that are currently in effect. Because of this,the project qualifies for the issuance of a Negative Declaration stating that adoption of the Ordinance will not have a significant effect on the environment. C. At the duly noticed public meetings conducted as part of the Hillside Development Study, IIIpublic input was solicited on the scope of the Study, the existing City regulations, and the scenic resources to be added, deleted, or modified on Figure 15-1 of the Chino Hills Development Code. Further, comments were received about the need for the City to add greater certainty about its expectations regarding the design and quality of new residential projects in the City's hillside areas. E. The maintenance of the quality of life in the City of Chino Hills requires that revisions be made to the various provisions of the Chino Hills Municipal Code,Planning and Zoning,concerning hillside development projects, including: 1) Modification of Figure 15-1 to address the requests received for additions and deletions thereto, as well as to identify the Exceptionally Prominent and Prominent Ridgelines in the Southeast Quadrant of the City; 2) Revision of the provisions of Chapter 9.15 to correct internal inconsistencies, to add routine requirements for design of hillside projects which may have been inadvertently omitted, and to incorporate existing City policies into the Chino Hills Development Code. SECTION 2. The City Council of the City of Chino Hills does further find, determine and declare that Chapter 9.15, General Design Regulations is hereby amended in its entirety to read as follows: , "CHAPTER 9.15 III GENERAL HILLSIDE DESIGN REGULATIONS 9.15.010 Intent and Purpose 9.15.015 Applicability 9.15.020 Important Visual Natural Resources Defined 9.15.030 Ridgeline Protection Requirements 9.15.040 Hillside Adaptive Development Standards for Development Affecting Ridgelines, Knolls, and the Carbon Canyon Area. 9.15.050 Architectural Guidelines for Development Affecting Ridgelines,Knolls,and the Carbon Canyon Area. 9.15.060 Open Space Requirements for Hillside Development 9.15.070 Economic Hardship Relief Process 9.15.080 Geotechnical Remediation 9.15.010 Intent and Purpose The City of Chino Hills derives much of its character from its hillside setting and its diverse topographic forms. The City's General Plan emphasizes preservation and enhancement of the natural features which contribute to the scenic qualities. The general hillside design regulations contained in this Chapter are to be used in conjunction with the grading regulations contained in Chapter 9.91 and in the City's Landscape Manual. The purpose of ID these regulations is to protect and enhance the unique visual resources of Chino Hills. This ordinance was completed with the best information available,but is not inclusive,and may be modified as appropnate with new information 9.15.015 Applicability (a) General Provisions. The provisions of this Chapter shall apply to all hillside areas within the City of Chino Hills,except as specifically exempted in Section 9.15.015 (c). For the purposes of this Chapter,"hillside area"shall mean all properties in the City which have a natural slope of fifteen(15%)on any existing or proposed parcel that is proposed for development. The provisions of this Chapter shall apply to the following development projects: (1) Approval of a tentative tract map or parcel map pursuant to the Division of Land Uses proceeding in Appendix D of this Code; (2) Approval of a Preliminary Development Plan pursuant to Chapter 9.145 of this Code; (3) Approval of a Final Development Plan pursuant to Chapter 9.145 of this Code; • FIGURE 15-1 SEPTEMBER 1999 0 -NIL. -- •• 7 x Ur 7.--:\ .:::-27-.2,- ._ .,. ir-4; • v--' 1 INCH = 6,000 FEET 1 l_it ..,_,Tr.7_ ...„ ......• • -r... A.- ..._ .1,4111111r i'•'-'7,•.');4•.*§ .. L • ...4 ,,,. ... .._ ..., ....... ,.. Ir--7,.-- 4 . ..,_Illik i 44---„,-, ... -41,„ ,:. .• —4 4_ N I. 1 Iiiii;._5...: • --;- ,-..; I. Tr_ • - • , .., ,... ... 4 , , . .-:,-,,,-,, -- ._ ___--'.. 1,444. -I'-'77 .747' .4-.• " 101.147A4, -i 'r411.4 -qV,,,IE \ ' 4(---04#74111*, . ..7,- ...:sti:;. 't,r71 II?). 'ji—ill IL.: 1 .,.. . ' :-,.1.77.-• ..,-,... • rt ,.., ; ir - - , , ../...V 4 .r . Z A - 1( , * 1\N .r - ,, J, mot .11. 1:I 1.,.._ • ft\-.7‘ „ . d. -,-..iii-,_ .". • - , - - iv....1. cl 7.4• ......: ...:..x.. .....,„,,,v .,, ..„,,,,.,,,,. ,,,..zi_. .._;, . 4(....,:i. .\_, ift.;;:te,.. -,,r4, .--\ ) t 44:.=.,,:(.-.4.y-, - . ,.--;-`, 1111011600\46114 firk-:-Arg4 ,'',v:-:4-7.z \-:)--.... . . „... I"t..,b\* 411 • mairbtag'-; -4.f.ittAi IL._ -=.: . -, --:' 7- A . , •N —... 1''',--:`,, •;- 111Z/ * 0 :,,.,..1 igip• ..di • ....1, - / I vs Pi IllAk 1.441 lin •.--.: •1 D 2 4 -tUn li,.--1,t All r , ..-' 411111111 g.-.. ...:.-i7.0\ Citylimits ",4111 , Oills - E * Prominent Knoll kivlines . Exceptionally Prominent . ?, Prominent ILI • % 0 ., ill I MI State Park Property 4.; II I — I I • Notes: The City of Chino Hills does not have development authority within the State Park. Ridgeline indications within the State Park properties are for illustration purposes only. The hillside development overlay standards 1 1 LI apply to the entire city. 0 ii*/f 4 CITY OF CHINO HILLS 1 • (4) Approval of grading permits pursuant to Chapter 9.91 of this Code; (5) Submittal of architectural plans for the issuance of building permits; and (6) Applications for approval of General Plan Amendments, Development Code and Zoning Map Amendments, Specific Plans, Conditional Use Permits, Vanances, Site Plans, and Temporary Use Permits. (b) Interpretation. The provisions of this Chapter shall be in addition to the applicable standards set forth in Chapter 9.91 of this Development Code and in the City's Landscape Manual. Further, whenever any provision contained elsewhere in this Development Code differs from those in this Chapter, the more restnctive provision shall apply, subject to the reasonable interpretation of the City. (c) Exemptions. The following are exempt from the provisions of this Chapter: (1) Previously-approved projects. Any pre-existing approval of a development project application, including projects within a Planned Development, projects with approved Tentative Tract Maps, and projects with Recorded Final Maps are exempt. (2) Modifications to existing structures. Any modification of an existing structure shall be exempt from the provisions of this Chapter, subject to • approval of the City, including projects involving the maintenance of oil wells, utilities, water reservoirs, and roads. (3) Fences. Fences may be permitted, subject to approval of the City. (4) Projects undertaken in open space areas, including multi-purpose trails and projects involving maintenance,subject to approval of the City. (5) Road Construction Projects. Grading and construction of a roadway identified in the Circulation Element of the Chino Hills General Plan or other roadway as determined necessary by the City to protect the public health, safety, and welfare may encroach into a designated ndgeline or knoll, subject to the approval of the Reviewing Authonty for the project. (6) Roadways,providing they are designed to minimize the impact on the ndgeline. (7) Grading for geotechnical purposes. (8) Water reservoirs. • • 9.15.020 Important Visual Resources Defined Figure 15-1 highlights the important visual resources in Chino Hills. These resources generally are visible at important gateways into the City, from its major transportation comdors/thoroughfares (SR 71, SR 142, arterials, and collector streets). The resources shown on Figure 15-1 are not considered to be more important than other viewpoints,but rather they are the locations from which a large number of people will visually interpret the City. In many cases,the major transportation corridors/thoroughfares provide the only access to significant views. The important visual resources are defined as follows: (a) Exceptionally Prominent Ridgelines: Ridgelines that, by virtue of their scale, mass, and visual presence form the limits of the most exceptional viewsheds of the City of Chino Hills, and are typically 400 feet above their Associated Pnmary View Point(s). Those that provide the City with its distinct image and serve as the City's most recognizable skyline backdrop when viewed from the following transportation comdors/thoroughfares: • Chino Valley Freeway(SR 71); • Carbon Canyon Road(SR 142); • Butterfield Ranch Road; • Soquel Canyon Parkway; • Chino Hills Parkway; • Peyton Dnve; • • Woodview Road; • Eucalyptus Avenue; • Tonner Canyon Road; and, • Grand Avenue. (b) Prominent Ridgelines: Ridgelines that form the limits of significant viewsheds and provide a natural backdrop when viewed from Pnmary View Point(s). Although they vary considerably in scale, width, scope, length, alignment, accessibility, and relationship to adjacent land uses, they are typically 200 feet above their Associated Pnmary View Point(s). (c) Prominent Knolls: A highly visible hill or hilltop which provides a point of onentation or reference for the observer. It is generally a feature of significance within an area, rather than one of community-wide importance. (d) Associated Primary View Point: A specifically designated location from which a specific Ridgeline may be viewed. Pnmary View Points for any given Ridgeline are selected as points from which large numbers of people are likely to be able to view the Ridgeline. • • 9.15.030 Ridgeline Protection Requirements (a) Areas Where Development is Prohibited (1) Exceptionally Prominent Ridgelines. (Fig. 15-1.a)The exceptionally prominent ndgelmes identified on Figure 15-1 shall not be developed. A minimum separation of 100 vertical feet shall be provided from the crest of the ndgelme to the area where development is to be allowed(the "crest"is defined as the top of the ridgeline). The exceptionally prominent ndgehnes shall be retained in a natural, undisturbed condition. No construction activity, except grading for geotechnical purposes or roadways, shall be allowed to occur within 100 vertical feet of the crest of any exceptionally prominent ndgehne. 100' 1010' � f • Figure 15-1.a • • (2) Prominent Ridgelines. (Fig. 15-1.b) The prominent ridgelines identified on Figure 15-1 shall not be developed. No construction activity, except grading for geotechnical purposes or roadways, shall be allowed to occur within 100 honzontal feet of both sides of the crest of a Prominent Ridgeline (The "crest"is defined as the top of the ndgeline). In addition to this 100 foot honzontal setback on both sides of the ndgeline, no construction activity, except grading for geotechnical purposes or roadways, or the building envelope, shall be allowed to occur within 35 vertical feet from the crest of the ndgeline. 100' ; 100' —_ 35' 35' • .411 i Figure 15-1.b (3) Prominent Knolls. The prominent knolls identified on Figure 15-1 shall not to be developed. No construction activity, except grading for geotechnical purposes and roadways, shall be allowed to occur within 100 horizontal feet of the crest of the Prominent Knoll and 35 vertical feet from the crest. 9.15.040 Hillside Adaptive Development Standards. Chino Hills' Ridgelines, Knolls,and the unique character of its hillside areas, are integral to the creation of the City's rural and aesthetic character, and are subject to the following requirements in these areas: (a) As set forth in Section 9.15.030(a)(1), the Exceptionally Prominent Ridgelines mapped in Figure 15-1 shall not be developed. They shall be retained in their natural undisturbed condition. • • (b) As set forth in Section 9.15.030(a)(2), the Prominent Ridgelines mapped in Figure 15-1 shall not be developed. They shall be retained in their natural, undisturbed condition. (c) As set forth in Section 9.15.030(a)(3), the Prominent Knolls mapped in Figure 15- 1 shall not be developed. They shall be retained in their natural, undisturbed condition. (d) All lands within six hundred feet (600'), of the Centerline of Carbon Canyon Road (e) The Canon Lane area, including: Tract 1913 Tract 1945 (f) The Sleepy Hollow area, including: Tract 1868 Tract 2037 Tract 2211 Tract 2358 The "Carbon Canyon Tract" The "Sleepy Hollow Tract" II Development in areas referenced in Section 9.15.040(d) shall conform to the following hillside adaptive development standards. (1) Projects shall incorporate clustering, variable setbacks, multiple onentations, and other site planning techniques to avoid the appearance of a solid line of development. (2) All buildings shall be hillside adaptive, meaning that the basic structure shall conform to the natural topography. The Development Code requirement of a 15' usable rear yard may be waived by the Community - Development Director on a case by case basis. (3) Development shall not be terraced to accommodate flat-pad construction in areas where the line slope of the existing,natural terrain exceeds fifteen percent(15%). (4) Retaining walls, a maximum of thirty-six inches (36")above the natural or rough grade, may be used to create usable yard space in the side and rear yard. Retaining walls in the exposed side and downhill portions of a lot shall be screened with appropnate landscaping materials (i.e., fire resistive, erosion-controlling, or decorative). (5) Local and restricted local street standards shall be utilized where safety and circulation considerations permit. Elimination of sidewalks, use of • common driveways, slope encroachments into the right-of-way, flexible Scenterline gradients, and other techniques to minimize landform alteration should be considered. (6) The building envelope for all structures shall be as follows: A. Downhill Lots: A ten foot (10')minimum front setback; twelve foot(12')height at setback extending up and towards the rear of the lot at forty-five degrees(45°)to twenty-five feet(25') total height; thirty foot(30')height limit over sloping portions measured from finish grade; and fifteen foot(15')minimum rear setback. Figure 15-2, illustrates the building envelope for downhill lots. W Z Z 10 26 I O r1 .41-11. '13 CC 12 I W Z ¢ Or'. O DOWNHILL SECTION d W W Z Y Z J a- .- ¢ 12.6 ¢ . ¢ W W d O 12' O ¢ ¢ d d 1 - 10 SIDE SETBACK STREET ELEVATION FIGURE 15-2 B. Uphill Lots: A ten foot(10') minimum front setback; twelve foot (12')height at setback extending up and towards the rear of the lot at forty-five degrees (45°)to a maximum height of thirty-five feet (35') measured from finish grade; and fifteen foot(15') minimum rear setback. 1110 • 1 1S'REAR (SETBACK W �y HEIGHT VARIES j FRONT 1E-• ¢_ 10' c SETBACK , SIOEYAR04 a 112' SETBACK 0 0 I a UPHILL SECTION STREET ELEVATION FIGURE 15-3 C. Cross Slope Lots: Similar requirements as for uphill and downhill lots, except that height at front setback may be averaged across frontage inside the side yard setbacks. 4 OKAY TO AVERAGE HEIGHT • 2 5' CROSS SLOPE SECTION FIGURE 15-4 D. Sideyard Exception: A zero(0) setback is permitted where dwellings on contiguous lots are attached. E. Exceptions: Where attached clustered housing is being developed,building height limitations may be increased. For uphill and downhill lots, the maximum height is twelve feet(12') at the setback, extending up and towards the rear of the lot at forty-five degrees (45°)to twenty-eight feet(28') of total height, with a thirty-five foot(35')height limit over sloping portions measured from finish grade. • • F. Facade Treatment: Where attached clustered housing is being developed,the facade extending up or down the slope shall not appear as a single,ngid vertical element but shall include variations in roof lines and elevations, using vanable architectural detail to soften large vertical surfaces. (7) Figures 15-5 through 15-16 illustrate the intent of these Hillside Adaptive Standards. III • • CLUSTER OF TREES FOR FRAMING VIEWS 11-NIP 1 L____j_ L Iwo VISTA VIEW lb 11"11111111111. TIL-4-1--i r 1:.*: idlifit ir-i —1 - lit ,0 1 , VilialigliZill4. oI a ��► # / N/0///n I I► , .Ir •♦ IlPIIIIII‘ l ik • NATURAL SLOPE - ------ ' mmitii\ FIGURE 15-5 Landscape Edge Treatment 0 • - -- SKYLINE & 0,-, l•am ' _. _._.. ___ __ j4jij ' a _ � ----tip i • ....- AL „AB_..„-- ,,. .„. K.—BUILDING CLUSTER -TYPICAL • FIGURE 15-6 Skyline Planting 0 • GUEST PARKING NI _ill, 1141 t‘teiWIP:41W4t., ��'�I1 11 �, ..,_ �; I. J r� . -v �Iy;3;; ,`1�.y G7 / n n 1 usiiats'' v. 'Alai ' , ROAD , ,. CLUSTER PROMINENT KNOLL CLUSTER BELOW RIDGE • ROOF LINES FOLLOW PROMINENT KNOLL NATURAL SLOPES CLUSTERS %,:.e. :L•0--`v"�• �~,--- 4 ► ►r 4 ;4 •frh e#40:e.'1 -• -:— .1 V EW OPENINGS VIEW OPENINGS ROAD BELOW RIDGE BETWEEN CLUSTERS WHERE FEASIBLE LANDSCAPED TRANSITION AREAS FIGURE 15-7 Site Design s H1 . 11VIEWS . �, > •itA L„,•,,,s . . .. . • 4* • ft) i •..:7 t I . EARTH OUNDING AT TOP ��;II ep ` SLOPE MO SOFTEN VIEWS OF • ~��L� • j 1 FROM LOWER VIEW POINTS at . r: \�� GRADUALLY STEP BACK I ••• STRUCTURE HEIGHTS AT I �'if. OP OF SLOPE 2-STORY 1.5-STORY 1-STORY I ZONE ZONE ZONE NaTRANSITION AREA NATURAL OPEN SPACE FIGURE 15-8 Landscape Transition S • • . t . - I • • • ?irk- ,,,,,; •` . 4, ., • •ii, . . . ,i iti, . ,, , „ „,,, , ,, J ' i_. ‘., 2y f44.1 '_k A it '• VIEW FRAME �' "IS C41**4W--# . _ IC 6dl'isoir&- 1‘. --- I`1111111 Ili lit 14. • -.a.... ,..........„.. -_,..... .., ..,,, , _ - ---A_ FIGURE 15-9 Landscape View Framing • • Instead of this... OVER-EMPHASIZED VERTICAL STRUCTURES DISRUPT NATURAL SILHOUETTE 110ezzr . • 44 .1%\............‘ N Am.,.'"\ \ Do this RETAIN INTEGRITY OF NATURAL SLOPE _40. FIA 14 ."• \ VA re FIGURE 15-10 Ridgeline Architecture 0 • STRUCTURES SHALL RELATE TO THE NATURAL TERRAIN AND MINIMIZE GRADING . NV - . * ris Iliu dp V -- ,\ .'_wlt .:: ip;_-__i• el ,_ ; • %4_ ;i. 40 = ._ .., „, ...... , ..... . . . . 4 -/--, : ... Instead of this... ,____ , • 7::) 41 1%4 c , 7 4 v A, ---„,: o. 4„‘ : fid ��• 7.... /l� •... Ill�, . ,� Do this FIGURE 15-11 Siting Structures 0 • OFF-STREET PARKING CLUSTERS ADAPT TO NATURAL TERRAIN `,‘ /...__,..---------- --------1.... LANDSCAPE AND 1 it i 111 Alk)I1 , 1111 1 W V/ / EARTH SCREENING / 1 \ , Ap0 ii(0, , ‘... ......,:s..70,pdreidoier .. _t. e. . virweekl. " — --nood wiel*---ei,p;40.5i v 4 • • _ , z:t,Vit • / „-A1---010*liwt:/. j:• / '41V/ / ,71k.e6ipillW iillro, • ....., / .,,/ 1 /41/../."•-f/17-dz 1,‘,4"19 .11111rtrill.I :1.4 411111 sir, 1 * • • s / , .•• `' . . ' ''• te. r-(4, kAr• ii, ,I. - ROADWAY ALIGNMENT FOLLOWS.1_4- 0 ,EXISTING TOPOGRAPHY II ii/ / / FIGURE 15-12 Ridgeline Roadway IP • PARKWAY ROLL RIDGELINE TO VARIES SCREEN I IMPROVED AREAS 1{/ WIDTH VARIES t EXISTING NATURAL ISLOPE ROLL CURB CUT SLOPE -1 ___I ENCROACHES J L_ INTO ROADWAY MINIMUM EASEMENT SETBACK 10' ROUND OFF CUT EDGES TO CONFORM TO THE NATURAL GRADE • FIGURE 15-13 Roadway Grading 0 S amo SPLIT FOUNDATION //7/' FRONT-TO-BACK • *e/A°. "' -� SPLIT FOUNDATION ''STEM WALLS DEEPENED FOOTINGS SIDE-TO-SIDE FIGURE 15-14 Architecture/Grading III9.15.050 Architectural Guidelines for Hillside Development The following architectural guidelines shall apply to all structures and development located in the areas defined in Section 9.15.040 of this Chapter. (a) The form, mass, and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character and profile of the ndgeline or knoll. Some techniques which should be considered include: (1) Split pads, stepped footings, and grade separations to permit dwellings to cascade down or step up the natural slope. (2) Detaching parts of a dwelling such as the garage. (3) Low profiles or flat rooflines oriented in the same direction as the natural slope. Figures 15-15 and 15-16 illustrate these techniques. (b) Building materials and color schemes shall blend with the natural landscape. Treated wood or material of a wood-like appearance, having the necessary fire retardant charactenstics (consistent with the requirements of the applicable Fire • Overlay Zone), are encouraged for extenor surfaces. Where exterior stucco is used, it shall have a final coat of integrated color in a muted earth tone. Contrast color accents shall be kept to a minimum, particularly on the view side. Roof colors shall also be earth tones. lT H E REMAINDER OF THIS PA(JE IS INTENTIONALLY LEFT BLANK) • • r 1111HIGHLY VISIBLE SOLID WALL ma i Instead of this... . ; .�_�� ovER (NOT AL3' LOWED) CLEAR CUT SEPARATION NO SCREENING BETWEEN NATURAL CONDITION AND DEVELOPED AREA-NO TRANSITION r PLANTING NATURALLY ` 61 4411 !'� �FOLLOWS AVERAGE SLOPE OPEN/SEE-THROUGH FENCING THAT BLENDS INTO NATURAL Do this � • ENVIRONMENT 'oma �- ` � }.� 3'MAX. ETAINING WALL SCREENING REQUIRED TRANSITION AREA FIGURE 15-15 Hillside Adaptive Architecture • Instead of this... .. .1 .___6.- --4-ririiiiiiill ii.s. (—NOT ALLOWED • 1 4 MAX. ENFORCED RIGID VERTICAL = \ ELEMENT ,, ,. Do this 0LARGE ROOF SECTIONS \' TO PARALLEL THE AVERAGE SLOPE HEIGHT LIMIT-, 1.0.0 .%''%"-• \ BUILDING ENVELOPE . 141111rAll MAX.TO BE ENFORCED (HEIGHT LIMIT) SOFTENING OF LARGE - AVERAGE SLOPE VERTICAL SURFACES FIGURE 15-16 Downhill Sections Architecture • III9.15.060 Open Space Requirements In order to preserve important open space areas and maintain the desired rural character of Chino Hills, a portion of each project is required to be set aside as open space. Table 15- 1, below, defines the amount of land which is required to be set aside as open space; the area to be set aside as open space vanes based on the slope of the land. In the following table, "Natural"open space may, at the discretion of the City,be either land which is unchanged from its natural state or land which is shaped and/or planted to recreate natural conditions. TABLE 15-1 REQUIRED OPEN SPACE AREAS "'Si" Minimum To Be Minimum of"A" Retained As Open To Be Retained As Space Natural Open Slope Category Space 0-10% 15% 0% 10-12.5% 20% 0% III 12.6-15% 25% 0% 15.1-17.5% 35% 25% 17.6-20% 40% 40% 20.1-22.5% 50% 50% 22.6-25% 60% 60% 25.1-27% 65% 70% 27.1-30% 70% 80% >30% 80% 85% Lands set aside as open space shall be shown as lettered lots for open space uses only, and shall be either offered for dedication to the City or retained in ownership by a homeowners association or similar entity. • • 9.15.070 Economic Hardship Relief Process (a) Economic Hardship Relief Petition. Application Required. An application is required to initiate an Economic Hardship Relief petition per the provisions of Section 9.100.020 (Application Procedures) of the Development Code. Any applicant of a development project proposing to develop a site within the hillside areas of the City shall, after a final decision has been made by the City on the development project, and prior to filing a legal action against the City based upon the application of this Chapter, file a petition seeking relief from the General Hillside Design Regulations of this Chapter on the basis that the denial of the development project application has created a substantial economic hardship, depnving the applicant of all reasonable use of the property. (b) Affected Property Interest. The Economic Hardship Relief petition shall provide information sufficient for the City to determine whether the petitioner possesses a protectable interest in the property under the Fifth Amendment to the United States Constitution. The Community Development Director and the City Attorney shall determine whether the petition includes sufficient information to make such a determination. (c) Economic Hardship Standard. • For purposes of this Chapter, a substantial economic hardship shall be defined as a denial of all reasonable use of the property. Upon a finding that the denial of the development project application has resulted in a denial of all reasonable use of the property,the City Council may provide the petitioner with relief from the General Hillside Design Regulations of this Chapter. (d) Application of the Economic Hardship Standard. In applying the economic hardship standard identified in Section 9.15.070 (c),the City Council shall, among other items, consider the following information or evidence: (1) The petition itself and the information included as part of the application; (2) Any evidence presented at the public heanng on the petition, any other information provided by staff, and/or any other information requested by staff or the City Council to aid in assessing the claimed "Economic Hardship"; (3) Any estimates from contractors, architects, real estate analysts, qualified developers, or other competent and qualified real estate professionals concerning the feasibility or lack thereof, of construction or development on the property as of the date of the action taken by the City on the development project application itself and/or the date that the application IIIfor the petition was accepted as complete; • (4) Any evidence or testimony concerning the appraised value of the property both considering and disregarding the General Hillside Design Regulations of this Chapter; and (5) Any evidence or testimony concerning the value or benefit to the petitioner resulting from a potential alternative layout and design of the proposed development of the property, including the use of clustering techniques. (e) Time Limits for Action. (1) Filing of the Notice of Petition and Petition. No later than 10 calendar days from the date that the City took action on the development project application, the applicant shall file a Notice of Petition in wnting with the City Clerk. Within 120 days of filing a Notice of Petition, the applicant shall file a Hardship Relief Petition with the City Clerk. (i) Information to be Submitted with Hardship Relief Petition. The Hardship Relief Petition is to be submitted on a form • prepared by the Community Development Director, and it is to be accompanied, at a minimum,by the established fee and the following information: (1) Name of petitioner; (2) Name and address of the current owner of the property, form of ownership (whether sole proprietorship,not-for- profit corporation,partnership,joint venture or other), and if owned by a corporation,partnership, or joint venture, the name and address of all principal shareholders or partners; (3) The current owner's financial investment in the property, including the pnce paid and other terms of the sale of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired; (4) The nature of the protectable interest claimed to be affected, such as,but in no way limited to, fee simple ownership or leasehold interest; III (5) The terms(including sales price of the property or leasehold interest)of any previous purchase or sale of a • full or partial interest in the property for a penod of three (3)years prior to the date that a final decision was made by the City on the development project application; (6) All appraisals of the property prepared for any purpose, including financing, offenng for sale, or ad valorem taxation, within the three (3)years prior to the date that a final decision was made by the City on the development project application; (7) The assessed value of and the ad valorem taxes on the property for the previous three (3)years; (8) All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender,current interest rate,remaining loan balance and term of the loan and other significant provisions, including,but in no way limited to,nght of purchasers to assume the loan; (9) All listings of the property for sale or rent, pnce asked and offers received,if any,within the previous three (3) years; • (10) All studies commissioned by the petitioner or agents of the petitioner within the previous three (3)years concerning the feasibility of developing or using the property; (11) For income producing property, itemized income and expense statements from the property for the previous three (3)years; and (12) Information from a title policy or other reputable source showing all recorded liens or encumbrances affecting the property. (ii) Failure to Submit Information. In the event that any of the information required to be submitted by the petitioner is not reasonably available, the petitioner shall file a written statement along with the application, descnbing the reasons why such information is unavailable and including a statement that the required information cannot be obtained. (iii) Burden of Proof. ID IIIThe petitioner shall have the burden of proving that the denial of the development project application creates a substantial economic hardship as defined in Section 9.15.070(c). (iv) Preliminary Determination of Substantial Economic Hardship. (1) Review of Petition for Completeness. Not later than 30 days after submittal of an application petitioning for Economic Hardship Relief from the General Hillside Design Regulations of this Chapter, the Community Development Director shall notify the applicant, in writing, if the petition is not complete and if the petitioner has failed to submit sufficient evidence to allow staff to make a preliminary determination, as set forth in Section 9.15.070(b),that the petitioner possesses a protectable interest in the property. (2) Preliminary Staff Determination of Substantial Economic Hardship. Not later than 30 days after an application has been accepted as complete, the Community Development III Director shall make a preliminary staff determination whether the applicant has made a prima facie case that the subject property has suffered a serious diminution of value or a denial of all reasonable use that amounts to a substantial economic hardship. After this preliminary staff determination has been made, the petition shall be scheduled for the next available City Council meeting following completion of the required legal notice. At a minimum, the same type of legal notice shall be provided for the petition as was provided for the public hearings held by the City on the development project application. (2) City Council Determination. The City Council shall take action to approve or deny a petition for Economic Hardship Relief within sixty(60)days after the preliminary staff determination has been made on the claim of substantial economic hardship. (f) City Council Action. The City Council shall hold a public hearing on the petition at which time the Council shall review and consider the evidence and testimony regarding the factors identified below. At the conclusion of the public hearing, the City Council shall determine whether the applicant has been denied all reasonable use of the property. The City Council shall consider the following factors in making its determination: • (1) Factors to Consider. III (i) Whether the petitioner has complied with the requirements for presenting the information to be submitted with the Economic Hardship Relief petition; (ii) Whether the petitioner has a protectable interest in the property; (iii) The appraised value of the property considenng the General Hillside Design Regulations; (iv) The appraised value of the property disregarding the General Hillside Design Regulations; (v) The appraised value of, or the benefit accruing from, opportunities to cluster development on the property; (vi) Whether it was feasible to undertake construction on, or development of,the property as of the date that action was taken on the development project application itself and/or the date when the petition was accepted by the City as complete, or in the reasonably near future thereafter; (vii) Whether the denial of the petition for Economic Hardship Relief would create a substantial economic hardship as defined in • Section 9.15.070 (c). (2) Required Findings. In acting to grant or deny the petition for Economic Hardship Relief, the City Council shall make written findings citing the reasons for its decision. In accordance with Chapter 2.50 and Section 2.04.130(d)of the Chino Hills Municipal Code, within 30 calendar days following the rendenng of City Council's decision on the petition, a copy of the decision and the findings associated with that decision shall be mailed to the petitioner at the address shown on the application. (3) Economic Hardship Relief Provisions. If the City Council determines that the Hardship Relief petition should be approved, the City Council may adopt any incentive reasonably necessary to offset any substantial economic hardship as defined in Section 9.15.070 (c)and may condition such incentives upon approval of a specific development plan for the property. The types of incentives that the City Council may consider include, but are not limited to, the following: (i) A waiver of City fees for processing of the development project application; • (ii) Acquisition of all or a portion of the property at its appraised III value; (iii) Clustenng of development on the hillside property; (iv) Financial assistance for developing property elsewhere in the City, not in the hillside area; and/or (v) Relief from the requirements of Section 9.15.030 of this Chapter that would otherwise apply to the petitioner's property and relief from the setback requirements of the Chino Hills Development Code, including, but in no way limited to, those set forth in Chapter 9.10 (General Development Standards), Chapter 9.20 (Residential Distncts), and Chapter 9.45 (Planned Development). 9.15.080 Geotechnical Remediation Geotechnical Investigation/Exploratory Excavations. Permit Required. The following considerations shall be provided to eliminate and prevent accelerated erosion and re-establish vegetative growth compatible with the area. (a) Identify areas that will be disturbed by access and exploratory activity. (b) Show preservative measures for existing streams and drainage courses in the • natural condition in order to retain their ability to accommodate runoff. (c) Clearly show all appropnate measures that will detain and filter runoff. (d) Show effective planting with hydroseed mix an/or mulching for all disturbed areas. Additional measures,beyond those specified in any soil erosion and sediment control plan, may be required by the Building Official as deemed necessary to control erosion after project completion." SECTION 3. If any section,subsection,sentence,clause,phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance and each and every provision hereof,irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases or words may be declared invalid. • • SECTION 4. The City Clerk shall certify to the passage of this Ordinance by not less than a four-fifths vote of the City Council; shall enter the same in the book of original Ordinances of the City; shall make a minute of the passage and adoption thereof in the record of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption hereof, cause the same to be published in the Chino Hills Champion, a newspaper of general circulation, as defined in Government Code Section 6008, for the City of Chino Hills. PASSED, APPROVED, AND ADOPTED this 14thday of December , 1999. Waif/ t Michael G. Wickman f, MAYOR ATTEST: (//i /W I we ..., • . g4HNDA /RUTH, CITY CLE'4 I,42 • APPROVED AS TO FORM: MARK . HENSLEY, CITY ATT RNEY • STATE OF CALIFORNIA ) • COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Ordinance No. 121 was duly introduced for first reading at a regular meeting of the City Council of the City iof Chino Hills held on the 23rd day of November , 1999, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 14thday of December , 1999, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: WICKMAN, GRAHAM, LARSON, NORTON-PERRY, AND THALMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE • fihn701 / LINDA RUTH, CITY LE'J (SEAL) The foregoing is the original of Ordinance No. 121 duly passed and adopted by the Chino Hills City Council at their regular meeting held on December 14, , 1999. /17/77/. LINDA RUTH, CITY CLE • —(SEAL)