Chapter 14.33
HILLSIDE DEVELOPMENT STANDARDS
Sections:
14.33.170 Subdivisions in hillside areas.
14.33.180 Design standards for residential subdivisions.
14.33.190 Design standards for development in hillside areas.
14.33.210 Enforcement and penalty.
14.33.100 Short title.
This chapter shall be known as the hillside development standards ordinance of the city of Folsom and may be so cited. (Ord. 798 § 2 (part), 1994)
14.33.110 Purpose.
The purpose of this chapter is to promote public safety and general welfare; to protect property against losses from erosion, ground movement and flooding; to protect significant natural features; and to provide for functional and visually pleasing development of the city’s hillsides by establishing procedures and standards for the siting and design of physical improvements and site grading. The specific purposes of the hillside development standards are to:
A. Ensure development patterns that preserve and protect the natural forms and features of hillside areas including swales, canyons, knolls, ridgelines, rock outcrops, riparian and other wildlife habitats, streambeds, vernal ponds, other water features, woodlands and significant trees;
B. Locate and design physical improvements, including streets and other infrastructure, to minimize the need for earth movement and avoid or minimize the amount and impacts of grading;
C. Foster development patterns to avoid or minimize the risks from erosion, fires, floods, landslides and other safety hazards;
D. Ensure safe movement of automobiles, pedestrians and emergency vehicles and equipment to and from hillside areas with a minimum of grading;
E. Encourage development patterns that avoid or minimize the cost to the city of installing and maintaining public infrastructure, including park and recreation facilities;
F. Allow flexibility in the design of development projects in hillside areas to preserve significant open spaces and concentrate development in parts of properties where environmental and visual impacts would be the least severe;
G. Establish design standards for physical improvements in hillside areas to ensure that they are compatible with the natural environment, contiguous lands and preservation of views to and from hillside areas;
H. Establish responsibilities of the community development department and public works department to administer the hillside development standards. (Ord. 798 § 2 (part), 1994)
14.33.120 Definitions.
Unless otherwise apparent from the context, the following definitions shall govern the use of terms in this chapter:
“Building site” means the land area occupied or capable of being covered by any structures permissible under Title 17 of this code.
“City” means the city of Folsom.
“Community development department” means the community development director or his or her delegate.
“Driveway” means any vehicular connection between a road or street and adjacent property.
“Excavation” means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, dredged, quarried, uncovered, removed, displaced, relocated or bulldozed, and includes the conditions resulting therefrom.
“Fill” means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by a person to a new location, and includes the conditions resulting therefrom.
“Grade” means the vertical location of the ground surface.
“Grading” means any excavating or filling or combination thereof.
“Grading permit” means and includes an approved grading plan.
“Heritage oak” is as defined in Chapter 12.16 of this code (Tree Preservation).
“Hillside areas” means those areas within the incorporated boundaries of the city identified as “hillside areas” on Exhibit “A,” “hillside areas map,” of the hillside development standards ordinance, codified in this chapter. Exhibit “A” is on file in the city clerk’s office.
“Hillside lots” or “hillside parcels” means all parcels or lots which are located within “hillside areas” as defined in this chapter.
“Impervious surface” means concrete, asphalt, bricks, paving stones, swimming pools, roofs and similar features that significantly inhibit or prevent the percolation of water into the ground. Impervious surfaces do not include wood decks that are suspended over otherwise uncovered ground. Further, impervious surfaces do not include impervious surfaces beneath roof overhangs when the roof overhangs are counted as impervious surfaces.
“Padded building site” or “terraced building site” means a building site created by cutting into a hillslope and filling above the existing ground to obtain a flat area to accommodate a building foundation and other site improvements.
“Parcel” or “lot” means a unit of land of record as defined in Title 16 (Subdivisions) of this code.
“Pre-grading” means grading prior to issuance of a valid grading permit.
“Protected tree” or “protected trees” means a tree or trees as defined and regulated in Chapter 12.16 (Tree Preservation) of this code.
“Public works department” means the public works director or his or her delegate.
“Residential street” means local or tertiary streets and street ends, and does not include arterial or collector streets as defined in the general plan.
“Site” means a lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. The percent of any given slope is calculated by dividing the vertical distance by the horizontal distance.
“Subdivision grading plans” means grading improvement plans submitted pursuant to Chapters 16.36 (Improvements) and 16.20 (Final Subdivision Maps—Five or More Parcels) prior to approval of a final subdivision map or grading plans necessary for approval of a parcel map pursuant to Chapter 16.24 (Parcel Maps—Four or Less Parcels). (Ord. 798 § 2 (part), 1994)
14.33.130 Scope.
A. Except as provided for below, the provisions of this chapter shall apply to the creation and development of new lots in hillside areas and to the development of existing lots in hillside areas which are of record with the Sacramento County recorder. The provisions of this chapter shall apply to all proposed tentative subdivision maps, parcel maps, subdivision improvement plans and grading permits in hillside area.
B. This chapter is in addition to, and not a substitute for, Chapter 14.29 (Grading) of this code. Except as specified in this chapter, all grading in hillside areas shall be conducted in accord with the standards, procedures and application requirements contained in Chapter 14.29 (Grading) of this code and this chapter. Further, the subdivision provisions set forth in this chapter are in addition to the requirements contained in Title 16 (Subdivisions) of this code. (Ord. 798 § 2 (part), 1994)
14.33.140 Interpretation.
The following provisions shall apply in administering and interpreting the hillside development standards:
A. The guiding principle for all grading in hillside areas is to do the least grading necessary to allow reasonable development of the property in conformity with the purposes of this chapter.
B. Hillsides can be developed without destroying the natural topography, trees, wetlands and scenic quality of the land if the subdivision of land is sensitive to the topography and natural forms.
C. In the event of inconsistency between the hillside development standards and other city ordinances, the most restrictive shall apply.
D. All site development and construction in a hillside area shall be consistent with required mitigation measures in any applicable certified environmental impact report (EIR). (Ord. 798 § 2 (part), 1994)
14.33.150 Grading plans.
A. Grading Permit Required. Unless exempted by Section 14.29.170 (Grading Permit Exemptions) or this section, no grading or pregrading shall take place in hillside areas unless a permit is issued pursuant to this chapter.
B. Exemptions.
1. Unless an engineered grading plan is required for grading pursuant to subsection D of this section, the provisions of this chapter shall not apply to alterations or additions to existing structures on parcels in hillside areas.
2. Legal parcels of record in residential zoning districts which are less than 1 acre in area shall be exempt from the requirements of a grading permit pursuant to this section and Section 14.33.160 of this chapter if the parcel has improvements installed or under construction pursuant to approved subdivision improvement plans, or if municipal bonds which are secured by the parcel have been sold by the city.
3. Legal parcels of record in commercial or industrial zoning districts shall be exempt from the requirements of a grading permit pursuant to this section and Section 14.33.160 of this chapter if a planned development permit has been approved for development of the parcel. The planned development permit, where appropriate, may be conditioned to comply with the standards for a grading permit pursuant to this chapter.
4. If strict application of 1 or more of the design standards set forth herein would render an existing parcel unreasonably difficult to utilize, that standard or standards may be modified or waived at the discretion of the community development department, or the public works department, the planning commission or city council, depending on which body has authority over the application. Any modification or waiver shall be rendered in a written decision.
C. Procedures for Grading Permits. Grading permits in hillside areas shall be processed pursuant to this subsection 14.33.150C.
1. Information required pursuant to Section 14.29-.262 of this code shall be provided to the community development department, or if the proposed grading comes within the criteria of subsection D of this section, the information for engineered grading plans pursuant to subsection E of this section shall also be submitted.
2. After review and recommendation by the community development department to the public works department, a grading plan may be approved pursuant to the procedures and standards of Chapter 14.29 without otherwise following the requirements of this chapter. Notwithstanding the foregoing, where the community development department finds that the proposed grading raises significant environmental issues or the public works department finds that the proposed grading raises significant engineering issues, either department may require that the standards pursuant to this chapter be followed as part of the grading permit approval.
3. A grading plan approved pursuant to this section shall constitute a grading permit.
D. Engineered Grading Plans for Hillside Areas. Engineered grading plans shall be submitted with all applications for permits to grade in hillside areas when any of the conditions set forth below pertain. All engineered grading plans shall be prepared by a state of California licensed engineer. Engineered grading plans for hillside areas shall be prepared pursuant to subsection E of this section.
1. The total volume of cut and fill will exceed 500 cubic yards.
2. Grading will require the removal of 1 or more protected trees.
3. The public works department determines that the proposed grading raises significant engineering issues or the community development department determines that the proposed grading raises significant environmental issues.
E. Contents of Engineered Grading Plans. Engineered grading plans required pursuant to subsection (D)(2) of this section shall, in addition to the information listed in Section 14.29.262E of this code, include the following:
1. Horizontal scales no smaller than 1 inch = 40 feet and elevations referenced to an established point, date and name of preparer;
2. Existing and finished grade contours at 1-foot intervals where slopes are under 20 percent, and 2-foot intervals where slopes are over 20 percent. Ninety percent of all contours shall be accurate to within one-half the contour interval. Contours should continue onto adjacent property for a minimum of 100 feet or far enough to demonstrate to the satisfaction of the public works department, drainage relationships and topographic continuity between the site being graded and adjacent properties;
3. Profiles and cross-sections sufficient to show the relationship of existing and proposed structures to existing and proposed contours;
4. Location and drip lines of all existing protected trees. Trees planned for removal shall be clearly labeled;
5. Locations of all existing and proposed drainageways and facilities including detailed specifications for handling drainage, minimizing erosion and sedimentation, and using existing natural site drainage to the maximum extent possible;
6. Final landscaping plans prepared pursuant to Section 14.33.190B.
F. Geology Report Peer Review. An engineering geologist certified by the state of California and/or a geotechnical engineer licensed by the state of California shall be retained by the city, and paid for by the applicant, to review the engineering geology report and soil engineering report submitted with the engineered grading plan. Requirements for preparation of such reports are contained in Section 14.29.262 of this code. The report requirements of this Section 14.33.150F may be waived at the discretion of the public works department if it is determined that sufficient, previously approved data exists to support an evaluation and approval of the proposed grading plan.
G. On-Site Monitoring. The public works department shall take such actions as necessary to ensure that the proposed grading, and any conditions of approval, are strictly enforced. The public works department may retain, when necessary, a qualified civil engineer registered by the state of California, and require payment by the applicant, for full-time on-site monitoring of all grading operations to ensure that the conditions of the grading permit are strictly followed. Monitoring reports shall be kept on file in the public works department for public review. (Ord. 798 § 2 (part), 1994)
14.33.160 Standards.
The following standards apply to all grading permits approved pursuant to this chapter.
A. Height of Cuts and Fills. The heights of cut and fill slopes shall be kept to the minimum necessary and shall be no higher than 15 feet unless specifically approved by the public works department. Retaining walls may be used when necessary to reduce the height of cuts and fills. When retaining walls are used, the wall material shall be selected to blend with the natural conditions of the site.
B. Padded Building Sites. In general, foundations shall conform with the natural landforms of the site. Padded or terraced building sites shall only be permitted where the public works department finds that the land plan and engineering applications provide for access and building envelopes which conform with the existing topography of the site.
C. Stream Setbacks. Grading near intermittent and perennial natural streams shall be subject to approval of the public works department. For the purposes of this subsection, minimum setbacks shall be as determined by the appropriate regulatory agencies such as the Department of Fish and Game and the Army Corps of Engineers, or as established in an approved environmental document. Larger setbacks may be required by the public works department to protect against flooding, preserve water quality or protect wildlife habitats.
D. Design Standards. As applicable, grading shall conform with the design standards set forth in this chapter at Sections 14.33.180 and 14.33.190. (Ord. 798 § 2 (part), 1994)
14.33.170 Subdivisions in hillside areas.
A. Preliminary Grading Plans for Tentative Subdivision and Parcel Maps. A preliminary grading plan shall be submitted with a tentative subdivision or parcel map application for all proposed subdivisions in hillside areas. The preliminary grading plan shall include the following:
1. An exhibit or exhibits showing existing and proposed contours of property, existing and proposed evaluations at all lot corners, and grades of proposed streets and drainage facilities. Existing and proposed contours shall be drawn at 2-foot intervals where slopes are under 20 percent, and 5-foot intervals where slopes are 20 percent or greater. Where necessary to properly show flatter portions of the land, half interval contours shall be inserted and drawn in a manner to make them easily distinguishable from the whole interval contours. Ninety percent of all contours shall be accurate within one-half contour interval. Contours should continue onto adjacent property for a minimum of 100 feet or far enough to demonstrate to the satisfaction of the public works department, drainage relationships and topographic continuity between the site being graded and adjacent properties. The public works department may require different contour intervals when deemed necessary to adequately portray topographic conditions. In cases where the effective use of lands to be subdivided necessitates extensive cuts and fills for streets, the proposed grading shall be clearly shown by means of both contour lines and supplementary cross-sections through such cuts and fills. The person preparing the tentative map shall indicate the source of the topographical information. In addition to the above, a diagram shall be provided that clearly identifies all proposed retaining walls and all cuts and fills that exceed 10 feet in height;
2. Location of existing and proposed property lines;
3. Location and widths of the streets and ways in the proposed subdivision;
4. Location, and outline to scale of existing and proposed building sites, driveways and driveway grades; the plan shall also identify all existing fences, retaining walls, and other structures with an indication of whether or not they are to remain or be removed. Distances between existing buildings, and buildings and existing property lines shall also be shown;
5. Approximate location of areas subject to inundation or flooding, lakes or marshes, defined wetlands, and the location, width and direction of tow of all watercourses;
6. An evaluation of potential hydrologic, geologic and seismic hazards by a geologist registered by the state of California or an engineering geologist certified by the state of California;
7. The outline of groves of trees and the location of all individual trees with a trunk diameter of 12 inches or greater standing within the boundaries of the subdivision, and other vegetative cover, except that individual trees need not be shown when they lie within areas shown as groves within proposed open space or conservation easements or other areas not to be developed, subject to approval of the community development department;
8. Preliminary landscaping plans prepared pursuant to Section 14.33.190B;
9. Such additional information as may be required by the community development department to ensure compliance with the provisions of this chapter.
B. Planning Commission Review. Preliminary grading plans for grading in hillside areas submitted as part of a tentative subdivision or parcel map application shall be reviewed by the planning commission according to the following procedures:
1. The preliminary grading plans required by subsection A of this section for hillside lots in residentially zoned districts shall comply with the standards of Section 14.33.160 (Grading Standards) and Section 14.33.180 (Residential Subdivisions).
2. The public works department and the community development department shall review the preliminary grading plans, request additional information if needed, refer the plans to other staff members and consultants for comment as deemed necessary, and forward recommendations to the planning commission.
3. The planning commission shall hold a noticed public hearing on the plans application, which may be held at the same time as the hearing on the tentative subdivision or parcel map.
4. The planning commission shall approve, approve with conditions or deny the preliminary grading plans. The following findings shall be made in approving the preliminary grading plans:
a. The proposed grading is the minimum necessary to allow use of the site; and
b. The proposed grading will not significantly increase erosion or flooding, degrade riparian habitats or endanger the stability of the site or any adjacent properties; and
c. The proposed grading, when completed, will be visually compatible with surrounding land; and
d. The proposed grading preserves protected trees as defined in Chapter 12.16 on the site to the extent possible; and
e. The proposed grading is consistent, where appropriate, with an approved CEQA document.
5. Subdivision grading plans shall be processed as follows:
a. Subdivision grading plans being processed prior to or with a final subdivision map or final parcel map shall be reviewed by the public works and community development departments for conformity with the approved preliminary grading plans. The public works and community development departments shall submit a report to the planning commission prior to approving the subdivision grading plans.
b. The planning commission shall review the report and submit its comments to the city engineer within the time limits provided in the Subdivision Map Act.
6. Subdivision grading plans approved pursuant to this section for tentative subdivision or parcel maps shall be treated as a final grading permit. (Ord. 798 § 2 (part), 1994)
14.33.180 Design standards for residential subdivisions.
All applications for proposed residential subdivisions in hillside areas shall be subject to standards for new lots, residential streets, and building sites as set forth in subsections A, B, and C of this section.
A. Standards for New Residential Subdivision Lots.
1. Suitability of Lots for Purpose. All subdivisions shall be designed to take into account the natural qualities of the site, including steepness of terrain, location of watercourses, periodic flooding, earth movement, size, shape and other physical conditions. These elements shall be accommodated while ensuring that the sites can be developed in conformance with the height, bulk, setback and other site development limitations of Title 17 (Zoning) and/or any adopted specific plan.
2. Lot Size. The minimum area and dimensions of all lots shall conform to the requirements of Title 17 (Zoning) for the district in which the subdivision is located, or such modifications of the lot area and dimensions as may have been approved as part of a specific plan or planned development permit. Where difficult terrain or other unusual conditions exist, the planning commission may require larger or smaller lots to accomplish the purposes set forth in this chapter. Small lots may be clustered to maximize the opportunity to preserve the natural beauty, terrain and tree cover while still allowing the density permitted by Title 17 or an adopted specific plan.
3. Lot Depth. The average depth of any lot in hillside areas shall not exceed 3 times its width, unless a waiver from this requirement is granted by the planning commission.
4. Lot Lines. Lot lines shall be placed to create usable building sites, permit accommodation of sites to the natural terrain and vegetation, and to afford access to the building site with a minimum of grading. To the extent possible, lot lines shall be placed so as to be compatible with contours. Where existing or proposed slopes or embankments are located between lots, the property line shall be located at the top of the slope or embankment.
5. Lot Slope. No lots shall be created in hillside areas unless they have building sites with existing slopes of twenty percent or less, except when the planning commission finds that steeper lots are necessary to comply with the provisions of Title 17 (Zoning) and/or any adopted specific plan that the purposes of this chapter can be met by allowing lots with steeper building sites.
6. Lot Coverage. The total amount of impervious surface, including buildings and paving, shall not exceed sixty percent of any lot in a hillside area. This limitation may be waived by the planning commission if it finds that the proposed design will be consistent with the purposes of this chapter.
7. Access to Streets. The following shall apply to construction of access to streets in hillside areas:
a. No lots shall be created unless they have at least forty feet of frontage on a public or private street meeting the minimum requirements of Title 16 (Subdivisions) of this code for pavement and right-of-way widths, and other public improvements.
b. Lots, other than corner lots, shall not have access to more than one street.
c. On any lot intended for residential occupancy it shall be possible to provide safe vehicular access via a private driveway, conforming to the other standards of this chapter, from the street on which the lot faces to a garage, or parking site on the lot in a location conforming with the requirements of Title 17 (Zoning). The alignment of the driveway shall not traverse slopes in excess of twenty percent. Further, no cut or fill for driveway construction shall exceed six feet in depth or height. The planning commission may allow these limits to be exceeded based on a finding that proposed design solutions will mitigate environmental and engineering problems.
d. No private driveway shall have a grade exceeding fifteen percent. The planning commission may allow grades up to twenty percent based on the finding that the steeper grade will result in better overall development of the site consistent with the purposes of this chapter. In any case there shall be sufficient level space in front of any garage to allow for safe parking of vehicles. Furthermore, the vertical curve transition from the street to the driveway shall be designed to the satisfaction of the public works department.
e. A maximum of four lots may share a single driveway, if the access design is recommended by both the public works department and fire department and approved by the planning commission.
B. Standards for New Residential Streets—Subdivisions. The following shall apply to construction of new residential streets for proposed subdivisions in hillside areas:
1. Alignment. The road pattern shall be designed to minimize grading by aligning roads and residential streets along natural ridges or valleys and existing contours.
2. Road Width. The public works department may authorize rights-of-way and paved road widths narrower than required by the provisions of Title 16 (Subdivisions) to minimize grading when the city engineer finds narrower roads can safely handle the expected volume of traffic and the fire department finds that the narrower roads will not adversely impact access for emergency vehicles and equipment.
3. Cul-de-Sacs. Cul-de-sacs shall not exceed five hundred feet in length; provided, however, that where turnouts or turnarounds are provided to the satisfaction of the fire department and the department finds adequate fire protection is possible, cul-de-sacs may be increased to one thousand feet in length. The cul-de-sac termination shall be as set forth in the Title 16 (Subdivisions) of this code. The planning commission may require the subdivider to improve and dedicate to the city, emergency escape routes including right-of-way and improvements from the ends of cul-de-sacs.
4. Long and Straight Streets. Long, straight residential streets, conducive to high speed traffic and/or requiring excessive grading, shall be avoided.
5. Grades. Grades of streets shall not be greater than twelve and one-half percent, except that the planning commission upon recommendation of the public works department may authorize grades up to fifteen percent for short portions of the street and when such grades do not adversely impact access, including emergency equipment and vehicle access, to adjacent properties in conformity with the driveway access standards of this chapter. All breaks in vertical alignment shall be as determined by the public works department according to standards of Title 16 (Subdivisions).
6. Parking. After review and recommendation of the public works department and community development department, and where approved by the planning commission, parking bays may be substituted for on-street curbside parking.
7. Sidewalks. The requirement for paved sidewalks may be waived in favor of pedestrian paths to reduce the need for grading and reduce the amount of impervious surface.
8. Street Lighting. Street lighting shall be directionally shaded to reduce off-site fugitive light and glare. Streetlight standards shall not exceed thirty feet in height unless approved by the public works and community development departments.
C. Standards for Residential Building Sites—Subdivisions. The following shall apply to creation of new residential building sites for proposed subdivisions in hillside areas:
1. Protection of Ridgelines. Whenever possible, building sites shall be created that allow for rooftops to be lower in elevation than any adjacent ridgelines.
2. Waterway Setbacks. All development projects shall provide adequate building setbacks from intermittent and perennial natural streams. These setbacks shall be as determined by the applicable requirements of the appropriate regulatory agencies such as the Department of Fish and Game and the Army Corps of Engineers, or as established in an EIR which has been certified for the project area. Grading near intermittent and perennial natural streams shall be subject to approval. Larger setbacks may be required to protect against flooding preserve water quality or protect wildlife habitats.
3. Emergency Access. Emergency access shall be provided to each building site. No building shall be more than one hundred fifty feet from an area where emergency equipment access is provided. (Ord. 798 § 2 (part), 1994)
14.33.190 Design standards for development in hillside areas.
All applications for approval of new construction in hillside areas shall be subject to design review under Chapter 17.06 of this code. Such applications shall comply with the standards in this section as well as those in Chapter 17.06 of this code. Further, they shall comply with any design guidelines established by the city council for hillside areas.
A. Standards for New Residential Buildings.
1. Rooflines. The rooflines of structures should be below the height of the existing tree canopy, to the extent feasible.
2. Protection of Ridgelines. Whenever possible, structures shall be built with rooftops lower in elevation than any adjacent ridgelines. A specific setback from the ridge may be required to protect the ridgeline viewshed.
3. Materials and Colors. Materials and colors that blend with the natural landscape shall be used for all construction in hillside areas.
4. Nonreflective Materials. Except for window surfaces, the use of polished or reflecting exterior building materials and finishes shall be avoided. Further, windows with highly reflective treatments should be avoided and windows should be located so as to avoid highly reflective sun orientations to adjacent properties.
5. Fire-Resistant Roof Materials. In hillside areas, all roofs shall be of Class A roof materials.
6. Decks and Deck Supports. On downhill sites, decks should be located and designed to avoid tall and highly visible supports. Further, exposed areas under decks should be screened with lattice, or similar treatments composed of fire-resistant materials.
B. Standards and Procedures for Landscaping Plans. All proposed subdivisions and grading permits must comply with this section.
1. Preliminary Landscaping Plan. A preliminary landscaping plan shall be submitted to the community development department together with any tentative subdivision or parcel map application for parcels in hillside areas. The preliminary landscaping plan shall show:
a. How existing trees, plants and rock outcrops are incorporated into the landscaping design;
b. The location, type and size of all trees and plants to be added;
c. Specification for irrigation and maintenance of landscaping on public lands;
d. The location and design of landscape buffers which shall be established along all major collector, arterial and higher-capacity roads;
e. The location and type of fencing, walls or other landscape structures. In hillside developments with natural rock outcroppings, the city encourages use of the rocks that must be moved to accommodate development in walls or other landscape features.
2. Final Landscaping Plan. Where a preliminary landscaping plan is required pursuant to subsection (B)(1) of this section, a final landscaping plan shall be submitted to the community development department prior to building permit issuance. The final landscaping plan shall be in substantial conformance with the preliminary landscaping plan.
3. Grading Permit Requirements. Where an engineered grading plan for a grading permit is required pursuant to Section 14.33.150(D), a final landscaping plan, which includes all the information required for a preliminary landscaping plan together with other information as required by the community development department, may be required with an engineered grading plan. The final landscaping plan shall be approved, conditionally approved or denied by the community development department.
4. Use of Native Plants. Whenever practical, native landscaping materials shall be used for street trees, parks and other areas within hillside area developments. The community development department will maintain a list of plants considered native to the hillside areas.
5. Heritage Oaks. Landscaping and irrigation around heritage oaks shall be consistent with Chapter 12.16 (Tree Preservation).
6. Exterior Lighting. Exterior lighting shall be the minimum necessary to provide for safety for pedestrians and other nonvehicular uses around the primary building on the site. Landscaping shall be used to reduce long-range visibility of night lighting. (Ord. 1109 § 4, 2008: Ord. 798 § 2 (part), 1994)
14.33.200 Appeals.
Any decision of the community development department may be appealed to the planning commission at any time within ten days after the decision of the community development department is rendered. Any decision of the planning commission or the public works department may be appealed to the city council at any time within ten days after the decision of the planning commission or the public works department is rendered. Except for an appeal pursuant to Section 14.33.210(B) of this chapter, all appeals shall be made in accordance with the procedures of Section 17.60.070 (Use Permit Appeal Procedure) of this code. (Ord. 798 § 2 (part), 1994)
14.33.210 Enforcement and penalty.
A. In the administration and enforcement of this chapter, any duly authorized official or employee of the city shall have authority to enter upon a premises for the purposes of investigation and inspection; provided, however, that the above-referred-to right of entry shall be exercised only during the daylight hours.
B. A grading permit issued pursuant to this chapter may be suspended or revoked by the director of public works where any of the conditions described in Section 14.29.410(A) exist. The provisions and procedures of subsections B, C and D of Section 14.29.410 shall apply to this section 14.33.210(B).
C. In the event any person, firm or corporation performs any work in violation of this chapter or any development permit issued pursuant thereto, or fails or refuses to perform any work required by this chapter or any permit issued pursuant thereto, the same is declared to be a public nuisance, and at the discretion of the city council the city attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the performance of such work or, if such work has been accomplished, from maintaining the same.
D. Any person, firm or corporation who violates any of the provisions of this chapter or fails to comply with any development permit issued hereunder shall be guilty of a misdemeanor and shall be punishable pursuant to Chapter 1.09 of this code. Each day, or portion thereof, during which violation continues shall be deemed to be a separate offense. (Ord. 798 § 2 (part), 1994)