HomeMy WebLinkAboutORD 207 1995 0517ORDINANCE 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, ADDING CHAPTER 17.38 TO TITLE 17 OF THE
MOORPARK MUNICIPAL CODE (ZONING ORDINANCE) ESTABLISHING
STANDARDS AND PROCEDURES FOR DEVELOPMENT OF HILLSIDE
AREAS WITHIN THE CITY OF MOORPARK
Whereas, on August 8, 12, and September 26, 1994, the
Planning Commission held public hearings regarding, changes to the
City's Zoning Ordinance - Establishing Standards and Procedures for
Development of Hillside Areas within the City of Moorpark and
recommended to the City Council the addition of Chapter 17.38 to
Title 17 of the Municipal Code establishing standards and
procedures for development of hillside areas within the City; and
Whereas, the City Council. opened the public hearing on
April 26, 1995 and closed the public hearing on May 3, 1995; and
Whereas, the City Council determined that the
modifications to the City's Zoning Code is categorically exempt
pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the
proposed amendments to the Zoning Code do not have the potential
for causing a significant effect on the environment; and
Whereas, requested changes to the Zoning Code as directed
by the City Council have been made to this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS-
SECTION 1. That the modifications to the City's Zoning Code are
categorically exempt pursuant to Mate CEQA Guidelines Section
15061 (b) (3).
SECTION 2. That Title 17 of the Moorpark Municipal Code is
hereby amended by adding Chapter 1,.38 as found in Section 3.
SECTION 3.
TITLE 17
CHAPTER 17.38 - HILLSIDE MANAGEMENT
Section 17.38.01 Purpose and Intent
The Hillsides within the City constitute a significant natural
topographical feature of the community and provide aesthetic relief
to the viewscape from virtually every location in the City. The
intent and purpose of this chapter is to implement the goals and
policies of the General Plan and the various elements contained
therein as they relate to development and resource management in
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hillside areas within the City of Moorpark. The provisions
contained herein will allow for orderly and sensitive development
of hillside areas in conjunction with the preservation of natural
open space. The following specific goals and policies of this
chapter reflect those contained in the General Plan and provide the
purpose and intent of this chapter-
A. To allow for development patterns in hillside areas that
minimize erosion and geologic hazards and that provide
for the protection of the public health, safety and
welfare.
B. To encourage grading techniques that blend with the
natural terrain, minimize earth moving activity, minimize
impacts of large cut and fill slopes and provide for the
preservation of unique and significant landforms.
C. To encourage retention of natural drainage patterns and
the preservation of sign.i.ficant riparian areas.
D. To reduce water use in slope replanting and retention by
encouraging grading design that minimizes manufactured
slopes.
E. To allow density transfers, where appropriate, to
facilitate development in more appropriate locations
while retaining significant natural slopes and areas of
environmental sensitivity.
F. To substantially retain the integrity and natural grade
elevations of the significant natural ridgelines and
prominent landforms that. in aggregate, form the City's
skyline backdrop.
G. To the maximum extent possible, preserve the view from
the valley floor and make every effort to maintain the
original view of the sit(,.
Section 17.38.02 Applicability of this Chapter
This chapter establishes specific development standard submittal
requirements, review standards, and processing procedures for
projects within hillside areas, as defined herein. Development
applications proposed on a parcel or parcels that fall within the
definition of a hillside area shall comply with all procedures,
standards, and findings contained n this chapter.
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Section 17.38.03 Exemptions
Parcels containing only isolated landform features and drainage
courses that contain slopes greater than twenty (20) percent are
not considered a hillside area and are exempt from this Chapter if
one of the following is met:
A. In the case of multiple isolated landforms on the same
property, said isolated landforms shall be physically separate
topographic features that are not a component of a significant
ridgeline or any other prominent landform.
B. Properties which contain slopes of 20 percent or greater which
are associated with minor drainage courses not indicated on
the United Sates Geological Survey (U.S.G.S.) maps as
intermittent or perennial (blue- '_ine) streams.
C. Manufactured slopes which were created prior to adoption of
this Chapter.
D. Any Final, Tentative, or Parcel Map, Residential Planned
Development, Specific Plan, or Conditional Use Permit which
was approved prior to adoption of this chapter, or any time
extension to a previously approved project, shall be exempt
from the provisions of this chapter unless the approving
authority finds that the changes to the project constitute a
major modification to the original project approval.
Modifications considered major include, but are not limited
to, the following:
(1) An increase in the number o± developable lots.
(2) A reduction in lot size below the minimum lot size
established for the zone or below a size previously
approved by the Planning Commission or City Council.
(3 ) An increase to the vertical height or horizontal width of
manufactured slopes that alters the plan to a level that
may be inconsistent with what was originally approved.
(4) An increase to building bulk or site /lot coverage that,
alters the plan to a lever that may be inconsistent with
what was previously approved.
(5) A combination of minor alterations that represents
substantial, cumulative changes to the project, or other
similar modifications to the previously approved project
that significantly change: the design or character of the
project.
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E. Construction of a residential dwelling unit, or additions
thereto, and accessory building(s) on a legally subdivided,
residentially zoned parcel as of the date of adoption of this
chapter, which does not involve grading for structures on
visually prominent ridgelines or on land with a slope in
excess of twenty (20) percent, or grading in excess of 1,000
cubic yards.
F. Modification of or addition to an existing single family
dwelling and accessory building including Second Dwelling
Units on an existing parcel created prior to the date of
adoption of this chapter. This exemption shall not include an
increase in the number of units / -'_ots or changes in use.
G. Construction of additions to commercial /industrial buildings
which will not add more than ten (10) percent in floor area
and an expansion of less than 5,000 square feet, whichever is
less.
H. Grading for agricultural purposes, pursuant to a grading
permit reviewed by the Planning Commission following a duly
noticed public hearing.
I. Lot line adjustments, lot mergers or condominium conversions
involving existing structures, issued pursuant to local
ordinance.
J. Fire breaks and fire roads required by the Ventura County Fire
Department.
K. Recreation trails for pedestrian or equestrian purposes
constructed by or pursuant to the requirements of the City of
Moorpark.
L. The replacement or reconstruction of structures which are
destroyed or damaged by fire or earthquake or other natural
disaster.
M. Properties having development agreements that exempt them from
the provisions of this chapter.
Section 17.38.04 Definitions
Contour Grading - A grading technique which utilizes curvilinear,
horizontal, and vertical undulations in order to simulate the
characteristics of natural topography
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Daylight Grading - A grading technique which designates an existing
natural contour as the transition line between a manufactured pad
for development and the adjacent natural slope face and which
eliminates the need for fill slopes along the exposed edges of the
development pad.
Density Transfer - An increase in density on one portion of
property to a level that may exceed the underlying General Plan
designation of that portion of the property while maintaining a
gross density over the entire property that is consistent with the
underlying General Plan designation.
Hillside Area - Any property containing slope areas of twenty (20)
percent or greater. The steepness of a slope is defined as the
relationship (the ratio) between the changes in elevation (rise)
and the horizontal distance (run) over which that change in
elevation occurs. The percent of steepness of any given slope is
determined by dividing the rise by she run on the natural slope of
land, multiplied by 100.
Horizontal and Vertical Building Envelopes - The maximum width and
height of a structure based on minimum setback requirements and
maximum building height limitations for the zone within which the
project is located. These envelopes may be utilized to evaluate
visual impacts when specific architectural plans are not provided
for subdivision review.
Isolated Landform - A parcel which has an isolated topographical
feature having a slope of greater than twenty (20) percent which
has a horizontal run of less than 200 feet and a vertical rise of
less than 50 feet.
Manufactured Slope - A slope created by grading that consists of
cut and /or fill material.
Mass Grading - A grading technique in which all lots, building pads
and streets are generally graded over the entire area resulting in
the disruption of the majority of the on -site natural grade and
vegetation and, often resulting in, but not required to result in,
a successive pad /terrace configuration.
Open Space - Land that has been left In its natural state and has
not been developed with primary or accessory structures.
Prominent Landform or Ridgeline - A visually prominent landform or
ridgeline means any landform visible from the valley floor which
forms a part of the skyline or is seen as a distinct edge against
a backdrop of land at least 500 feet horizontally behind it (See
Ridgeline Map).
Slope Face - The slopes located directly below, or leading up to,
the crest of a significant ridgel.ine or prominent landform.
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Slope Steepness - The relationship (the ratio) between the change
in elevation (rise) and the horizontal distance(run) over which
that change in elevation occurs. The percent of steepness of any
given slope is determined by dividing the rise by the run on the
natural slope of land, multiplied by 1.00.
Subdivision Development Plan - Specific development plans for an
unapproved tentative map, including, but not limited to: plot
plans, building elevations, grading plans and landscape plans
applicable to individual lots within a tentative map.
Valley Floor - The Valley Floor is that area of the City as shown
on Exhibit "A ".
Section 17.38.05 Processing Procedures and Submittal Requirements
A. At the time an applicant
Conditional Use Permit,
discretionary approval of a
applicant shall submit the
paragraph C of this section
Development.
applies for a tentative map,
Site Plan review or other
project in a hillside area, the
items and information listed in
to the Department of Community
The list is not all inclusive and additional information or
studies may be required for review of the project pursuant to
the California Environmental Quality Act (CEQA) and other
local, State or Federal laws. The Director of Community
Development may modify, add, or eliminate one or several of
the submittal requirements listed in paragraph C. The
Director will notify the applicant of such a change during the
pre - application submittal c- onferenre
B. In the event it is uncertain whether or not a parcel or
parcels of land falls within a hillside area, as defined in
the chapter, the applicant shall submit a slope map and
related topographic information to determine the applicability
of this chapter to the project area. This information shall
be submitted at the time of application for the discretionary
project. The decision of the applicability of this chapter to
a parcel or parcels of land shalt be made to the Director of
Community Development prior to the determination of
completeness of the application for the discretionary project.
C. Application submittals for development projects in hillside
areas may include, but are not limited to, the requirements
listed below. Additional information or studies may be
required if deemed necessary under California Environmental
Quality Act CEQA) review procedures and other local, state, or
federal laws.
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(1) Slope Map and Analysis
The topographic exhibits and analysis shall be prepared as set
forth below and shall include the following items:
Slope Map
The Slope Map shall be prepared by a California registered
Civil Engineer, licensed Land Surveyor, or other qualified
professional. Said Map shall provide the following
information:
(a) The map shall be based on contour intervals no greater
than ten (10) feet except where steep terrain warrants
contour intervals greater than ten (10) feet.
(b) Slope bands in the ranges of 0 -20 percent, 20 -35 percent,
35 to 50 percent, and over 50 percent shall be identified
in clearly distinguishable graphic representations (ie.,
shading, pattern, numerical highlighting within clearly
defined slope category boundaries, etc.) on the slope
map.
(c) Individual contours shall be clearly indicated on the
slope map or said map shall be augmented by a clear mylar
overlay, of the same scale as the slope map, which
clearly indicates individual contours. The slope and
topographic overlay maps shall extend 200 feet off -site
in order to incorporate the topography of all abutting
properties as it relates to the proposed site.
(d) The slope analysis shawl specifically identify and
calculate the slope percentages for each individual
topographic feature. Horizontal runs used to calculate
slopes shall be limited to each individual feature.
(e) Total land area within each category shall be indicated
on a table to be provided on a '_egend on the map.
(2) Grading Plan
(a) A Preliminary Grading Plan, prepared by a California
registered Civil Engineer, Land Surveyor, or equivalent
qualified professional shall indicate the height and
width of all manufactured slopes, proposed drainage
patterns, methods of storm water detention/ retention, and
identification of areas to remain in a natural state.
Off -site contour intervals shall be shown for adjacent
unimproved areas within one hundred (100) feet of the
project's boundaries. When an adjacent property is
improved, the plan shall show: pad elevations, street
grades, wall sections, and any approved or existing
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improvements immediately adjacent to the subject
property, shall also be shown.
(b) One (1) colored copy of said preliminary grading plan
showing all cut and fill areas.
(3) Cross Sections/Preliminary Cut and Fill
No less than two (2) cross sections which completely traverse
the property at appropriately spaced intervals in locations
where topographic variation is greater. Said exhibits shall
be prepared by a California registered Civil Engineer,
licensed Land Surveyor, or equivalent qualified professional.
The cross sections shall clearly depict the vertical variation
between natural and finished grade.
(4) Visual Impact Analysis
The purpose of these exhibits -s to replicate how the project
will appear if it were to be constructed as conceptually
proposed. The exhibit shall include, but not be limited to,
panoramic photographs of the project site with an overlay of
scaled rendering (s) of the conceptual project designed to
depict project scaled rendering(s) of the conceptual project
designed to depict project appearance when viewed from the
Valley Floor within the City ,) f 'Moorpark.
(5) Building Envelopes
Horizontal and vertical building envelopes or plot
plans /building elevations may be required for subdivisions
where visual impacts are being evaluated.
(6) Pedestrian Circulation /Trails Plan
For projects in which hillside street sections as specified in
Section 17.38.12 are proposed, the necessity for sidewalks or
alternative pedestrian circulation systems shall be considered
during project review. A pedestrian circulation and trail
plan may be required if alternatives to standard sidewalks are
proposed.
(7) Required Technical Reports
In any area proposed for development which falls under the
jurisdiction of this chapter, certain technical reports shall
be required. Such reports will be used to determine the
suitability of the subject site for development and suggest
special construction and design measures necessary to mitigate
identified problems which may endanger the public health,
safety or welfare. These reports shall be submitted at the
time that the application Ls submitted.
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(a) Soils Engineering Report
A soils engineering report shall be submitted with each
application for development under the requirements of
this chapter. The soils engineering report shall
contain, but not be limited to, data regarding the
nature, distribution and strengths of existing soils, the
potential for liquefaction, degree of seismic hazard,
conclusions and recommendations for grading procedures
consistent with these regulations, design criteria for
any identified corrective measures and opinions and
recommendations covering the adequacy of sites to be
developed.
(b) Geologic Report
1. A geology report shall be submitted with each
application for development under the requirements
of this chapter. Such a report shall include, but
not be limited to, the surface and sub - surface
geology of the site, conclusions and
recommendations regarding the effect of geologic
conditions on the proposed development, opinions
and recommendations covering the adequacy of sites
to be developed and design criteria to mitigate any
identified geologic hazards consistent with this
chapter.
2. The investigation and report shall be completed by
a professional geologist registered with the State
of California who is certified in the practice of
engineering geology
(c) Hydrologic Report
1. A hydrologic report shall be submitted with
each application for development under the
requirements of this chapter. Such a report
shall include, but not be limited to, the
hydrologic conditions on the site, the
location of any above or below ground springs,
the location of all wells, possible on -site
flood inundation, downstream flood hazards,
identification of 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 sha:.1 also account for runoff and
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debris from tributary areas and shall provide
consideration for each lot or dwelling unit
site in a development. Runoff and debris
volumes shall be computed using the County of
Ventura Flood Control District criteria.
2. The investigation and report shall be
completed by a registered Civil Engineer
certified in the science of hydrology and
hydrologic invest.:_gat ion.
(d) A drainage plan, including text, maps, and diagrams,
shall be submitted to the City as part of any formal
application for development under these regulations.
The City engineer in consultation with the Director of
Community Development, or their designees, shall review
the submitted information for completeness, adequacy and
conformance with the above and other applicable
standards.
(8) Biological (Flora and Fauna Analysis
A biological resources report shall map the habitat areas
of the property. Potential presence within the project
area of any sensitive habitat and any unique rare or
endangered plant or animal species shall be determined
and mapped.
(9) Construction Schedule, Parking Plan and Hauling Plan
A construction schedule, construction parking plan and
hauling plan to be used and submitted to the Community
Development Department for review and approval for
importing and exporting material,
(10) Plot Plan
A plot plan showing the location of all proposed and
existing structures. Structures and pad elevations
within 300 feet of the proposed development shall be
included on the plot olar.
D. Standards for Exhibits
Completeness and accuracy of the above specified plans,
studies and other submittal requirements will be determined by
the Director of Community Development, City Engineer, or their
designees in accordance with Section 65944 of the California
Government Code. All studies shall be in conformance with the
current City guidelines for each individual study or report.
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Section 17.38.06 Density Transfers
Permissible densities on steeper portions of a property may be
transferred to portions of the property.
A. Density Transfer Review Criteria
A transfer of density shall be found suitable for a particular site
only if the proposed density transfer complies with the following
standards:
(1) Design of the density transfer minimizes impacts on
adjacent areas.
(2) The physical location is suitable for a higher density
project. If available, natural physical features shall
be utilized to visually and physically separate higher
density housing from nearby areas that are developed at
lower densities.
(3) On sites where physical separation utilizing natural
features is not feasible, buffering techniques shall be
utilized to ensure that density transfer does not result
in negative impacts upon existing neighborhoods of a
lower density or rural development pattern. Appropriate
buffering techniques may include, but are not be limited
to:
(a) Incorporation of larger lot sizes /patterns which
are consistent. with immediately adjacent
neighborhoods.
(b) Utilization of architectural styling, fence
details, landscape and lot patterns, or similar
features that are compatible with those found in
adjacent areas.
(c) Establishment of buffer areas of appropriate size
to ensure that transition of densities is gradual
in order to minimize incompatible mixing of
development types associated with various
intensities of development.
(4) The site receiving the density transfer requires less
grading, and is less steeply sloped, ecologically
sensitive, and less prominent
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Section 17.38.07 Prominent Landform and Ridaeline Standards
A. Purpose of Section
To assure that the physical characteristics of the prominent
landforms or ridgelines in the City are retained as a skyline
backdrop, and that any development on physical features
encompassing these landforms will integrate with, rather than
significantly modify existing topography. The goal of this Section
is to encourage site planning techniques that ensure integration of
development with physical features such as natural bowls, broad
plateaus, valleys and similar natural landforms. Implementation of
this Section will ensure that the natural form and elevations of
the City's backdrop will be retained.
B. Requirements
All applications for development proposed in hillside areas shall
be subject to the standards and procedures set as follows:
(1) Parameters for Requirement of a Visual Impact Stud
A visual impact study will be required for projects located on
the crest or slope face of a prominent landforms or ridgeline
that are physical components of the topographic features and
which form an integral part -)f the City's natural skyline
backdrop.
(2) Review Standards
The criteria listed below shall be utilized in evaluating
projects located on the crest of the slope face of a prominent
landform or ridgeline forming the City's skyline backdrop.
(a) All development proposed on prominent landforms or
ridgelines, as defined herein, shall be designed to
substantially retain the natural contour elevations
of these features as viewed from vantage points on
the Valley Floor within the City of Moorpark.
(b) Grading to substantially re -shape prominent
landforms and ridgelines that form a component of
the City's skyline backdrop shall be minimized
wherever possible and shall be subject to the
provisions of Section c) below.
(c) Dwellings constructed near the crest of the
prominent landform or ridgeline shall utilize
architectural, grading, and landscape elements that
serve to integrate the structure with the landform
upon which it is constructed. In determining
whether a project. complies with this requirement, a
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project must be found consistent with the following
criteria:
1. On steep natural grades, foundations and floor
plans shall be designed with multi - levels to
change elevations with natural contours.
2. Roof planes shall vary rather than be angled
in one direction. The main building mass,
including gabled sections of roof structures,
shall face away from Lower lying areas.
3. Roof lines shall provide architectural relief
in such a way as to complement the natural
contours of thF- land.
4. Building colors shall emphasize blending with
the surrounding natural terrain.
5. Utilize daylight grading techniques, where
appropriate, tc reduce disruption of natural
topography and vegetation.
6. Structural setbacks from the edge of natural
slopes shall reduce visual prominence of
structures.
7. Berming and tree massing near the landform
crest shall be utilized to blend in with the
natural landforms and to screen view of the
structure from Lower Lying areas.
Section 17.38.08 Sloye Categories
The overall number of units allowed on a property shall be based on
the summation of the total number of units allowed by the General
Plan with density transfers permissible for development in slope
areas which exceed 20 percent. Where density transfers are not
feasible, additional open space may be dedicated anywhere within
the project boundaries to compensate for the development of steeper
slopes as outlined below:
Slope Categories Open-Space Dedication
20 to 35% 35% open space *
35 to 50% slope 50 plus percent open space *
50 percent or more slope Density transfer required, except
as delineated otherwise in Section
17.3P.f) 1,
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* The open space required shall be dedicated from the land which
contains the slopes in question. The open space required by
this section is in addition to any minimum percentage already
required by the City of Moorpark General Plan.
Section 17.38.09 Slopes Greater than Fifty (50) Percent Standards
No construction or grading shall be permitted in areas containing
slopes of fifty (50) percent or greater except under the following
circumstances:
A. Development is proposed on isolated peninsula shaped fingers
of fifty (50) percent slope within an otherwise developable
area of lessor slopes.
B. The grading involves the filling of small ravines or drainage
courses not shown on the U.S.G.S. maps as intermittent or
perennial streams which contain ancillary slopes of fifty (50)
percent or greater if said ravine or drainage course is not
deemed a significant biological area, (as determined by the
environmental study for the project) and if measures to convey
surface water, are proposed to the satisfaction of the City
Engineer; or
C. The grading involves the construction of roads if the 50
percent slope area is an isolated landform as defined in
Section 17.38.04, or if no other reasonable alternatives are
available and all hillside street design criteria are met as
specified in Section 17.38.13
Section 17.38.10 Grading Standards
A. Purpose
The standards contained in this Section are established to
ensure that grading techniques are utilized which reduce
erosion potential, minimize visual impacts, promote use of
development patterns and street designs that follow natural
contours, and minimize length and width of manufactured
slopes. These regulations are meant to complement Chapter 70
of the Uniform Building Code.
B. Grading Standards
Except as otherwise permitted pursuant to this chapter, no
project in a hillside area shall be permitted unless the
project, or the project as modified with conditions, complies
the following standards:
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(1) The maximum height for manufactured slopes shall be 30
feet except as specified in this chapter. Any
manufactured slope in excess of fifteen (15) feet
vertical shall have variable gradients.
(2) Manufactured fill slopes adjacent to primary and
secondary arterials shall be no steeper than 3:1 within
landscape assessment areas and public right -of -ways, and
shall not exceed 30 feet in height.
(3) When a proposed subdivision contains average net lot
sizes exceeding 20,000 square feet, lot grading shall be
limited to building pad and related functional yard area
which may not exceed 100% of the size of the pad area.
Flat pad grading of the entire lot is prohibited. The
grading plan submitted for project review shall clearly
delineate graded and natura' portions of proposed lots.
(4) Grading on the perimeter of the site shall not be
designed with perimeter downslopes to property lines
unless a homeowners association, slope maintenance
district, or similar entity is established for
maintenance of such downslopes. For interior slopes
between lots, manufactured building pads shall be
designed with up- slopes to property lines.
(5) Subdivision development plans shall indicate a minimum
setback of 15 feet from the rear dwelling wall or
retaining wall to the toe of slope and 20 feet setback
from the rear dwelling wal.:' tc the top of a manufactured
slope or retaining wall
(6) Manufactured slopes greater than ten (10) feet in height
shall be rounded at the top and at the toe of slope to
simulate natural topography. The approving authority may
exempt side slopes from this provision if the height of
slope does not exceed 15 percent of the width of the lot
and has a slope of less *han ten (10) feet in height.
(7) Manufactured slopes in excess of two hundred (200) feet
in length and greater than ten (10) feet in height shall
be designed with horizontal curvature that simulates the
horizontal surface variations of natural contours.
(8) Dwellings proposed on ungraded .lots with natural grades
of 20 percent and greater shall follow natural contours,
utilizing such techniques as stepped foundations and
split level floor plans
(9) For projects on property defined in this chapter as a
hillside area, and where it can be clearly established
that reduced setbacks enhance preservation of
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natural terrain and reduced grading, front setbacks may
be reduced by the approving authority to ten (10) feet
as applied to the main portion of the dwelling. Garage
setbacks shall normally be twenty (20) feet except for a
side loaded garage where a minimum driveway depth of
twenty (20) feet from the right -of -way edge shall be
provided.
(10) Any continuous manufactured slope within a subdivision
with a slope steepness of 3:1 or steeper, a vertical
height of ten ( 10 ) feet or greater where so allowed under
this chapter, and which abuts five (5) or more lots,
shall require the creation of a Homeowners Association or
other maintenance entity with provision for the
collection of fees or assessments designated specifically
to pay costs associated with the maintenance of all
slopes falling under this category. The slope
maintenance entity, rather than individual property
owners, will be responsible for maintenance of said
slopes. The tentative tract map shall be designed in
such a manner that provides access to said slopes by
assessable easements and which avoids the necessity of
gaining access to the slopes through individual lots. No
fences shall be permitted between lots within the slope
easement areas. Slope easement areas may be included as
lot area for purposes of calculating lot size. Habitable
structures shall not be permitted within common slope
easement areas.
Section 17.38.11 Landform Grading Standards
A. General
Landform grading, as a design concept, utilizes grading
techniques that stress the preservation of significant
topographic features, the selective placement of development,
variations in slope gradients, transitional slopes, and the
sculpture -like shaping of manufactured slopes in a manner that
replicates the shapes and characteristics of natural
landforms.
B. Authorization for Landform Grading
The height and slope steepness limitations and other
applicable standards for manufactured slopes (as delineated
herein) may be modified by the approving authority, if the
proposed project is found to incorporate the following design
elements:
(1) Variation to slope gradients utilizing compound
slopes and state of :he art grading techniques with
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maximum slope steepness to be determined by the
City Engineer as specified in the Uniform Building
Code. An example of this technique would be slope
transitions varying from 4:1 to 1 %1 punctuated by
slopes of varying steepness.
(2) Variation to pad sizes and shapes that correspond
to variable topography
(3) The artful utilization of contour and daylight
grading to achieve a subtle transition between
natural landforms and man -made slopes.
(4) Use of drainage and Landscape elements such as
clustering of trees and shrubs typical of
concentration found in nature, incorporation of
rock elements into made -made culverts and down
drains. The culverts and downdrains shall have
coloring which blends with the surrounding area to
reduce visibility.
C. Processing Procedures - Determination of Compliance with
Landform Grading
Conformance with landform grading techniques shall be
determined during project review. It will be the
responsibility of the applicant to provide the City with
exhibits necessary to establish compliance with general design
characteristics of landform grading techniques.
Section 17.38.12 Hillside Street Standards
A. Streets within any project proposed in a hillside area as
defined in this chapter shall be designed and constructed in
accordance with the standards listed below:
(1) Hillside street standards shall reflect a rural, rather
than an urban character. Streets in hillside areas
shall, where feasible, be aligned parallel to the natural
contours of the land.
(2) Bridges and oversized culverts, if recommended as a
biological mitigation measure, shall be required when
streets cross drainage ways and ravines that serve as
significant wildlife corridors
(3) Development of streets oriented along the top of a
significant ridgeline shall be prohibited.
(4) Standard street sections shall be as follows in hillside
areas where streets are proposed on grades of 12% or
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greater. Said street sections shall include the
following:
(a) Four -Lane Arterials in hillside areas: Right -of-
way width may be reduced to 80 feet and curb to
curb width reduced }.0 60 feet.
(b) Rural Collectors in hillside areas: Right -of -way
width may be reduced t o 70 feet and curb to curb
reduced to 40 feet.
(c) Local Collectors in hillside areas: Right -of -way
width may be reduced to 50 feet and curb to curb
width reduced to 36 feet.
(d) Cul -de -sacs in hillside areas: Right -of -way width
may be reduced to 30 feet and curb to curb width to
24 feet. The cul -de -sac radius for hillside
streets may be reduced to 32 feet.
(5) Split level, one -way streets in areas of steep terrain
(greater than 20% slope% when deemed acceptable by the
approving authority.
(6) Street grades shall not exceed the following except if
modified by the approvino authority:
Primary Arterials: 10 percent
Secondary Arterials: 12 percent
Local Streets: 15 percent, except for limited
distance that may exceed 15
percent if approved by the City
Engineer and the Ventura County
Fi -e Department.
(7) In order to encourage a rural feeling in residentially
zoned parcels of two units per acre or less, the
elimination of sidewalks and formal parkways will be
allowed if the City Engineer determines that this
modification will not be detrimental to the public
health, safety or welfare or that adequate alternative
pedestrian circulation has been provided.
(8) Special Streets - Special streets, such as one -way
streets, split level streets and dead -end streets may be
allowed by the approving authority when their use is
justified by detailed engineering studies submitted by
the applicant and are found to be necessary for the full
achievement of the Findi.rgs of this chapter.
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014
00160
(9) Rolled curbs and gutters shall be required in order to
enhance the rural lifestyles if their water carrying
capacity is not compromised
Modifications to these standards may be made by the approving
authority if it can be found that such modifications are consistent
with the Circulation Element of the General Plan and further the
purpose and intent of this chapter by reducing grading and overall
visual impacts while retaining acceptable traffic safety and street
design characteristics.
Section 17.38.13 Landscape and Erosion Control Standards
The grading plan shall preserve natural terrain and vegetation to
the maximum extent feasible, by utilizing creative design concepts,
as permitted by standards established in this chapter. However, it
is recognized that grading will involve considerable surface
disruption and removal of natural vegetation. Where this occurs,
and manufactured slopes are created, the following standards and
submittal requirements shall apply-
A. Submittal Requirements
(1) With Formal Application: Conceptual landscape plans
indicating both temporary and permanent slope plantings
shall be prepared by a California registered landscape
architect and submitted to the Department of Community
Development. Such a plan shall outline all proposed
planting in graded areas, means of irrigation, proposed
timing of landscape installation and the manner in which
landscaping will be maintained. A precise landscape plan
shall be submitted prior to the issuance of a grading
permit.
(2) Prior to Grading Permit Issuance: A manufactured slope
re- vegetation report which analyzes existing soil
conditions, proposed soil amendments, and plant
suitability shall be submitted to the City for review and
approval by the Director of Community Development.
B. Concrete Drainage Ditches
All concrete drainage ditches shall be colored concrete of
Omaha Tan by Davis Concrete or an equivalent color.
Section 17.38.14 Slope Maintenance Standards
A. Performance Bond
A performance bond for an amount to be established by the
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00161
Public Works Department shall be posted with the City in order
to ensure that the ultimate establishment of all re- vegetation
is completed. Said bond is to be posted prior to obtaining a
grading permit.
B. Erosion Control Standards
The grading plans submitted to the City shall provide erosion
control measures which meet the specifications of the City
Engineering Design Standards and Uniform Building Code.
Section 17.38.15 Drainage Standards
All proposed drainage facilities shall respect the natural (before
development) , hydrologic characteristics of the subject terrain,
preserve major drainage channels in their natural state, and be
designed in such a manner as to preserve the public health, safety
or welfare. The provisions of the following standards shall apply
to all land subject to these regulations, and shall be in addition
to the provisions of the adopted version of the Uniform Building
Code, the Ventura County Land Development Manual or other standards
the City may adopt in the future.
(a) To the maximum feasible extent, all natural drainage
courses serving major drainage areas and containing
significant perennial vegetation which may constitute a
significant wildlife habitat should remain in their
natural state. Alterations to the above drainage courses
may be allowed by the approving authority if the
application of this Section will result in upstream or
downstream flooding hazards for which there is no other
feasible means of mitigation.
(b) In the event that off -site drainage facilities will be
required to handle increased runoff from any development
subject to these regulations, interim drainage facilities
which provide for no increase in peak runoff from a ten
(14) year storm shall be constructed and maintained until
such time as the permanent facilities are completed.
(c) The overall drainage system shall be completed and made
operational at the earliest possible time during
construction or sha1.1 otherwise be provided for in a
manner acceptable to the City Engineer. If a development
is to be phased, all downstream (including interim
facilities within the project area or required interim
off -site drainage facilities) elements of the approved
drainage facilities shail be completed or otherwise
provided for in a manner acceptable to the City of
Moorpark before the completion ::)`_ upstream phases.
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Section 17.38.16 Hillside Development Findings
No project in a hillside development area shall be approved by the
approving authority unless it is found to conform to all of the
following findings based on standards set forth in this chapter:
1. That the grading, and design standards contained in this
chapter have been complied with in the overall design of the
project.
2. That the project design and site layout retains and utilizes
natural contours of the site t.o the maximum extent feasible.
3. That the project design incorporates drought tolerant
landscape materials, water conserving irrigation techniques
and erosion control measures in a manner that eliminates both
short and long term erosion hazards while providing for
aesthetic and effective re- vegetation of these slope areas.
4. That development is cited ir) a manner that substantially
retains the visual qualities and natural elevations of the
significant ridgelines and prominent landforms forming the
City's skyline backdrop, as defined in this chapter, and
preserves those portions of !hEe ridgelines visible from the
Valley Floor of the City.
5. That grading has been kept to an absolute minimum in order to
maintain the natural character_ of the hillsides and that
unavoidable grading complements iatural landforms.
6. That significant natural landmarks and other outstanding
features have been retained i- their natural state.
7. That mass grading of large pads and excessive terracing has
been avoided in residential zones and minimized in commercial
and industrial zones.
8. That proposed residential development plans have been utilized
such as varying setbacks and heights for buildings, building
techniques, building forms, and materials which ensure the
compatibility of structures with the surrounding terrain and
that proposed commercial and industrial development plans have
been utilized varying setbacks and heights for buildings,
building techniques, building forms, materials and colors
which ensure the compatibility of structures with the
surrounding terrain.
9. That street and circulation design respects the natural
contours of the land, minimizes grading requirements, and
minimizes the percentage of land devoted to streets.
PP1 2:06:94 11O:13aM:\CC.ORD 21
00163
10. That land graded for road right -of -way purposes through slopes
not otherwise permitted to be graded herein does not include
or permit construction of an increase in the number of
existing or proposed building pads other than those permitted
within that parcel. Such road grading shall not increase an
existing or proposed building pad site.
11. That altered slopes will be re- landscaped with plants which
are compatible with the project's soils, terrain and micro -
climate, which reduce the risk o{_ fire.
12. That any grading on slopes greater than 20 percent is
restricted and encourages the preservation of visual horizon
lines and significant hillsides as prominent visual features.
13. That the overall density and intensity of development
decreases as the slope increases
Section 17.38.17 Variances to Hillside Manaaement Ordinance
No variance from the provisions of this chapter shall be allowed
unless it is approved pursuant to provisions contained in the City
of Moorpark Zoning Ordinance.
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any 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 adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutiona:
SECTION 5. This Ordinance shat, become effective thirty (30)
days after the passage and adoptior.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records 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
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circ.lation, as defined in Section
PP12:06:94110:13aM : \CC.ORD 2.
00164
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose
PASSED, APPROVED AND ADOPTED this 'th day of May, 1995.
a
Paul W. La ason, Jr.
Mayor
ATTEST:
XIII
Lillian E. Hare
City Clerk
PP12:06:94110:13amA: \CC.0RD 23
00165
799 Moorpark Avenue Moorpark. California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. _ l�;__ was adopted by the
City Council of the City of Moorpark at, a meeting held on
the 17th day of May _ _ _ _ 1995, and that
the same was adopted by the following vote:
AYES: COUNCII.MEMBERS HUNTER, 4ON'I(:OMI:R) , 'FREZ., WOZNIAK, AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
this
WITNESS my hand and the official seal of said City
19th day of Mme' , 1995.
Lillian E. Hare
Cit, ?• Clerk
PAUL W LAWRASON JR BERNARDO M PEREZ PATRICK HUNTER SCOTT MONTGOMERY
Mayor Mayor Pro Tem Courcilr ic....e Councilmember
JOHN E WOZNIAK
Councilmember