Chapter 18.445
HILLSIDE DEVELOPMENT USE PERMIT
Sections:
18.445.050 Review, notice, and hearing.
18.445.060 Review and findings.
18.445.080 Post-decision procedures.
18.445.010 Purpose.
This chapter establishes procedures for applications for a hillside development use permit, as required by Chapter 18.300 CDC (Hillside Protection). [Ord. 12-4. DC 2012 § 122-1045].
18.445.020 Applicability.
Where Chapter 18.300 CDC (Hillside Protection) requires a hillside development use permit as a prerequisite to development of property, construction of a building or building addition, grading, or other permit for construction, a hillside development use permit shall be approved by the appropriate review authority prior to planning division review of any building, grading, or other permit plans, or any other authorization required for development of the property. [Ord. 12-4. DC 2012 § 122-1046].
18.445.030 Application.
An application for a hillside development use permit shall be completed, filed, and processed in accordance with Chapter 18.405 CDC (Permit Application Filing and Processing). Applications shall be accompanied by the information identified in the application checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.445.060 (Review and findings). [Ord. 12-4. DC 2012 § 122-1047].
18.445.040 Review authority.
A. Administrative Hillside Development Use Permit (HDP). The planning division may approve additions to existing single-family homes when the addition does not exceed more than 50 percent of the existing structure and the planning division has determined that the proposal will not impact adjacent properties. The planning division may refer any minor HDP application to the zoning administrator or planning commission for a public hearing and decision.
B. Design Review Board. The design review board shall evaluate all minor and major HDP applications based on the design criteria contained in Chapter 18.415 CDC (Design and Site Review) and the criteria in CDC 18.415.080.
C. Hillside Development Use Permit (HDP). A minor HDP application shall be reviewed and approved or disapproved by the zoning administrator at a public hearing conducted in compliance with Division VIII of this title (Administration). A minor HDP is a new single-family residence on an existing parcel, a major expansion (over 50 percent of existing floor area) to an existing single-family home, a minor subdivision, or an amendment to a previously approved HDP for a single-family residence on a hillside parcel. The zoning administrator may refer any minor HDP application to the planning commission for a public hearing and decision.
D. Major HDP. A major HDP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration). A major HDP is any residential subdivision, multifamily dwelling, or nonresidential structure on a hillside parcel. [Ord. 12-4. DC 2012 § 122-1048].
18.445.050 Review, notice, and hearing.
Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements. Applications shall be processed in accordance with Chapter 18.405 CDC (Permit Application Filing and Processing) and this chapter (Hillside Development Use Permit). [Ord. 12-4. DC 2012 § 122-1049].
18.445.060 Review and findings.
The review authority shall consider the standards in CDC 18.300.050 and shall approve an HDP only if it is consistent with the findings in CDC 18.300.090. [Ord. 12-4. DC 2012 § 122-1050].
18.445.070 Amendments.
The planning division shall determine whether the proposed amendment constitutes a minor or major amendment based on CDC 18.300.050 (Development standards) and CDC 18.300.070 (Design criteria).
A. Minor Amendments. Minor amendments may be administratively approved by the planning division, with or without review by the design review board, as determined by the planning division; and
B. Major Amendments. Major amendments, including any change to building pad and/or driveway elevations, shall require review and approval by the planning commission following review and recommendation from the design review board. [Ord. 12-4. DC 2012 § 122-1051].
18.445.080 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a hillside development permit. [Ord. 12-4. DC 2012 § 122-1052].