§ 9652.12. Definition.

The following definitions shall be applicable in hillside and significant ecological areas:

A.

"Concave lot" shall mean a parcel of land with a bowl-shaped depression or formation in which the midpoint elevation of the property is lower than the average elevation of the property lines that are located adjacent to a street.

B.

"Hillside area" shall mean a parcel of land, not subject to recorded development restrictions, having an average slope before grading, of greater than ten (10) percent. The average slope of a parcel of land is the relationship between the change in elevation of the land and the horizontal distance over which that change in elevation occurs and shall be computed by the application of the following formula to a contour map of the natural slope of such land:

S = IL × 100
  A

When S =	Average percent slope
When I =	Contour line elevation interval in feet
When L =	Sum of the length of all contour lines across the parcel
When A =	Net area* of parcel in square feet

 

*The area of any existing private or public streets shall be excluded in calculating the net area of the property proposed for development.

In determining the average slope of property, property may be divided into smaller areas based upon percentage of slope and any areas with a percentage of slope greater than thirty-five (35) percent may be excluded before the average slope formula is applied. These excluded areas shall be designated as open space and not considered as a part of the development. If this approach is utilized, the dwelling density table may be applied to each of the designated smaller areas and the sum of the smaller areas shall be the designated density for the total property. A conditional use permit shall be required for this process to allow deletion, when appropriate of slope areas greater than thirty-five (35) percent from the average slope calculation. In reviewing the conditional use permit, the overall size of the property, viability, visual value, aesthetic value, location and any other relevant factors of the proposed open space area in relation to the adjacent open space areas shall be considered.

C.

"Major slope failure" means the movement of an existing slope that results in a hazard to an existing habitable structure as determined by the building official.

D.

"Natural slope" means the natural or existing contours of the land, including the natural or existing vegetation.

E.

"Recorded development restrictions" means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains covenants with the city, running with the land, either in perpetuity or for a term of (1) not to construct or permit the construction of any improvements, except as such right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to such covenant or public service facilities installed pursuant to an authorization by the city council or the public utilities commission; and (2) against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land including but not limited to the cutting of trees and other natural growth, except as may be required for fire prevention, elimination of diseased growth and similar protective measures. Any subsequent reservation shall not permit any action which will materially impair the open space character of the land.

(Ord. No. 189, § 1, 7-17-91; Ord. No. 11-388, § 54, 12-14-2011)