Chapter 13.04 - Hillside and Scenic Corridor Subdivisions#

13.04.010 - Purposes, objectives and application.#

A.#

The City finds and declares that the natural scenic beauty of the hillsides within the City and adjacent thereto is a priceless and irreplaceable asset to all the residents of the City, County and State of California. This finding is supported by Section 263 of the Streets and Highways Code which includes, by action of the State Legislature, State Route 9 (Saratoga-Los Gatos Road) and State Route 35 (Skyline Drive) in the State Scenic Highway System. This finding is further supported by the cooperative project of the City of Monte Sereno, the City of Saratoga, the County of Santa Clara, and the State of California in qualifying State Route 9, including the portion which traverses this City, for designation as an Official State Scenic Highway.

B.#

The Council therefore declares its intention to preserve the scenic values of the hillsides and the Scenic Corridors of official State Scenic Highways within its present and future jurisdiction. To this end, the purpose of this Chapter is to regulate hillside subdivisions and those within a Scenic Corridor in a manner that will adapt subdivision improvements and lot design to natural terrain features for the best possible development of the hillside areas; the preservation of the natural scenic beauty thereof including existing trees and other foliage, the protection of watersheds, the reduction of risk from fire, flood and earthquake, the maintenance of open space, minimum scarring of the landscape from cuts and fills and replanting thereof and, through good subdivision design, the encouragement of the highest quality improvements commensurate with economic feasibility.

C.#

Except as otherwise provided in this Chapter, all provisions of Title 5 of this Code shall apply to hillside subdivisions and subdivisions in the Scenic Corridors of Official State Scenic Highways.

13.04.020 - Aesthetic values; factors in determining.#

In determining aesthetic values pertaining to architectural and site control the City Council, acting on the recommendations of the City Engineer, shall consider the following factors:

A.#

Lot size and design.

B.#

Height and expanse of structures and their adaptation to terrain.

C.#

Street design and adaptation to terrain.

D.#

Excavation and grading.

E.#

Landscaping.

F.#

Compatibility with the environment, including other developments, of the subdivision.

G.#

The desires and objectives of the developer and other interested parties.

H.#

Such other factors as may be relevant.

13.04.030 - Tentative maps—Additional requirements and action.#

A.#

Hillside subdivision and scenic corridor subdivision tentative maps shall provide the following information in additions to any other requirements of this Title:

1. The approximate location of all trees or groups of trees in the subdivision having a trunk diameter of six (6) inches or more as measured four (4) feet above ground level.§

2. The proposed limits on each lot within buildings may be erected.

3. Those trees of the aforesaid size which are to be, or may be, removed.

4. A tentative overall grading plan is mandatory for hillside and scenic corridor subdivisions.§ The grading plan shall additionally show, or described, the effect of grading on aesthetics.

5. Preliminary landscaping plans with special attention to restoring aesthetic values, as viewed from offstreet, impaired by proposed excavations, building site preparation, grading and building erection.

B.#

Before acting on a tentative map in a hillsides or scenic corridor subdivision the City Council must consider the following:

1. In its approval or conditional approval of a tentative map the City Council shall refer to the preliminary grading and landscaping plans prescribed conditions to achieve the objectives of this Chapter. Specifically, but not exclusively, no trees larger than six (6) inches in diameter may be removed without the Council's approval.§

2. When any part of the property under review lies within a designated scenic corridor of an official state scenic highway or county scenic road, the Council shall specifically consider the appearance of the development as viewed from the highway or road so that service yards, parking areas, utility tanks, or other such features will be screened from view from the highway or road. The Council's action shall also avoid blocking, and encourage opening, views of aesthetic value as seen from the highway or road. No alteration in the ridgeline of a scenic corridor shall be made without prior approval of the appropriate state or county authorities.§ All structures proposed within three hundred (300) feet of a scenic highway or road shall be subject to review and approval by the City Council§ with prior review and recommendation by the Site and Architectural Commission per Section 13.04.080(D).

(Ord. No. NS-219, § 5, 8-6-2019)

13.04.040 - Sureties.#

In addition to usual sureties a special surety for landscape plantings, both on-street and off-street, in the form of a cash surety for three (3) years maintenance shall be posted§ with the City Clerk.

13.04.050 - Street design and right-of-way requirements.#

In hillside and scenic corridor subdivisions, streets shall be designed to take advantage of the natural contours of the land, to provide maximum circulation consistent with topography, to facilitate access of fire protection equipment and other emergency vehicles, to minimize the risk to life and property from fire, flood, and earthquake, to preserve scenic values by reducing, and/or landscaping, cuts and fills which scar the landscape, to provide the best possible access to building sites and to establish desirable grades. To achieve these objectives, the following additional provisions are required:

A.#

At least two (2) different routes of entrance and egress shall be required for all major arterials, collector and local streets.§ This may be accomplished with normally gated emergency access roads.

B.#

Whenever parking lanes are omitted all streets shall include turn-outs at all fire hydrants and at intervals of not more than five hundred (500) feet of street length.§

C.#

The minimum width of right-of-way for all public streets, regardless of zoning district shall be forty (40) feet.§ Refer also to subparagraph (e) of this Section. Dedication of additional right-of-way and/or slope easements may be required, especially for split-level streets, in order to conform to good engineering practice.

D.#

Split level design may be used where practicable and necessary. If practicable, a cross-over from one lane to the other shall be provided at intervals of not more than five hundred (500) feet.

E.#

In hillside subdivisions, cul-de-sac streets longer than eight hundred (800) feet may be authorized by the City Council under special circumstances§ provided other pertinent requirements of Chapter 13.01 are fulfilled. Where standard cul-de-sac turnarounds are impractical, dead-end streets longer than two hundred fifty (250) feet and serving more than two (2) potential lots may be authorized§ provided a suitable turn-around at or near the closed end of the street, as required by the Fire Protection Agency and the City Engineer, is dedicated and improved. Such dead-end streets, if otherwise meeting City standards, may be accepted into the City street system.

F.#

Steeper grades may be authorized by the City Council only if approved by the Fire Protection Agency and the City Engineer.

G.#

The center line radii of curves of less than seventy-five (75) feet may be approved by the City Council acting on the recommendations of the City Engineer. In no case shall a center line radius of less than forty (40) feet be approved.§ In all cases of reduced radii, reduced speed limits, warning signs and/or other safety measures shall be required.

H.#

So far as practicable street grading shall be designed to: (1) preserve the natural curves of the land (especially at the horizon, avoiding "staircase" or "rice paddy" effects); (2) minimize scars from cuts and fills; (3) round off, in a natural manner, sharp angles at the top and toes of cuts and fills.

13.04.060 - Street improvements.#

In addition to other provisions of this Title, the following provisions shall apply to street improvements:

A.#

Traffic lanes may be reduced in width of paved surface as follows:

1. Collector Streets to eleven (11) feet.§

2. Parking lanes may be omitted in one (1) acre zoning districts provided:

   (a) Adequate off-street parking is available. See the Zoning Chapter or the Monte Sereno Municipal Code.

   (b) Three (3) foot paved shoulders or two (2) foot concrete gutters and curbs are provided wherever a parking lane is omitted§; and

   (c) A turn-out paved to eight (8) feet in width and thirty (30) feet in length§ is provided at the location of each fire hydrant and at intervals of not more than six hundred (600) feet of street length on at least one side of the street.§

B.#

Early temporary and/or permanent planting, wherever appropriate, to stabilize necessary cut and fill slopes by plant roots and to conceal the raw soil from view shall be required.

C.#

Grading and surfacing shall be commenced after May 1 and be completed before October 30 of each year§ to avoid washing and silting during entire rainy season. The work may be accomplished, if necessary, in two (2) successive units during two successive dry seasons, each unit being complete in itself for adequate disposal of storm water runoff.

13.04.070 - Suitability of lots.#

All lots shall be designed to provide the maximum in safety and human enjoyment while taking advantage of the best natural building sites. Trees of significant value and the contours of the land shall be preserved as much as possible.

13.04.080 - Lot size/slope density formula and cluster development.#

A.#

Lot Size/Slope Density Formula. Each lot shall have an area equal to or greater than that required by the Monte Sereno Zoning Code, or other applicable regulation, whichever is greatest. The area of each lot shall be sufficient to include the house, setbacks, yards, off-street parking, septic tank and field if permitted and necessary cuts and fills. The size of hillside lots shall be related to the Slope of the land as defined in this Title. The minimum net lot size, "L", exclusive of required rights-of-way for street purposes, shall be determined by the following formulae where "S" is the percent slope expressed as a whole number:

Zoning District	Minimum Lot Size (Net)
R1-8	L = 43,560 square feet / 5.45 - .089 S
R1-20	L = 43,560 square feet / 2.20 - .036 S
R1-44	L = 43,560 square feet / 1.00 - .016 S
RM	L = 43,560 square feet / 4.29 - .129 S

B.#

Hillside Cluster Development. Cluster development may be considered as an alternative to standard subdivision of hillside tracts, but the total number of lots in the subdivision shall not exceed the number determined by use of the above formulae after excluding the required rights-of-way for street purposes.

C.#

Lot As Suitable Building Site. Each hillside lot, whether in a cluster or standard subdivision, shall be subject to individual review to insure its suitability as a building site, bearing in mind the stated objectives of this Ordinance and the City's General Plan to preserve the natural scenic beauty of Monte Sereno and to minimize any adverse environmental impact.

D.#

Architectural and Site Control. In all hillside and scenic corridor subdivisions the City Council shall exercise architectural and site control and consider all Site Development Permits required by Section 10.08.040. Prior to the Council consideration, the project shall be referred to the Site and Architectural Commission for its review and recommendation related to the site and architectural design. The Commission shall send a recommendation for approval, conditional approval, or denial to the City Council. The City Council shall consider the recommendation of the Commission and approve, conditionally approve or deny the application for a Site Development Permit associated with a subdivision based on the findings outlined in Section 10.08.050. The Council can also remand the application back to staff for the applicant to revise the proposed designs and bring back to the City Council for final action.

As a factor in determining the lot size to accommodate a dwelling, split-level houses are encouraged§ but, to avoid high-rise appearance and impairment of aesthetics, the maximum height of any structure above the highest natural (i.e., before grading) terrain shall be limited to fifteen (15) feet§ and total height of any structure above the lowest part of the building site after grading to the highest part of the building site after grading to the highest part of the structure shall not exceed the maximum building height prescribed by the City Zoning Code.

E.#

Future Streets. Provisions for future street openings and street extensions for traffic circulation shall be included in the subdivision plan.

(Ord. No. NS-187, § 6, 9-3-2013; Ord. No. NS-219, § 4, 8-6-2019)

13.04.090 - Lot frontages and widths.#

A.#

Lot widths have a significant effect on aesthetics and improvement costs. To avoid undesirable, narrow, deep lots and to achieve a reasonable balance in lot design and improvement costs, minimum lot frontages generally shall be as follows:

Area	Minimum frontage	Minimum desired average width
20,000 square feet	100 feet	100 feet
43,560 square feet	120 feet	150 feet
60,000 square feet and over	150 feet	180 feet

B.#

Lots may have double frontage where this is advantageous because of natural terrain features.

C.#

Where lots have a frontage on a street or roadway which is not designed to permit parking, off-street parking shall be provided. Either individual lot or common parking areas may be used. Common parking areas to serve several dwelling units, shall be designed for two (2) spaces per dwelling unit, exclusive of garage or carport.§ If the common parking areas are not provided, each lot shall be improved to provide off-street parking spaces for four (4) cars in addition to parking provided within garages and carports.§ Paved driveways may be used to provide this parking.

13.04.100 - Lot lines, corner lots, irregular shaped lots, setbacks.#

In order to keep all grade areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the area, limitations may be placed upon the size of areas to be graded or to be used for building pads and on the size, height, and angles of cut and fill slopes and the shape thereof. Retaining walls may be required. Building sites shall be placed in such a manner on their respective lots as to permit ample room for adequate landscaping and drainage between and around buildings. Buildings setback lines shall be shown on final maps and parcel maps.

13.04.110 - Fire protection—Special conditions.#

A.#

Purpose. Protection of hillside foliage from fire is necessary not only because of the risk to life and property and the preservation of scenic values, but also because the foliage absorbs the rainfall into the soil, decelerates flow and binds the soil, preventing washouts, and leads stormwater runoff into above-ground and underground storage. A long dry season from May to October makes vegetation highly combustible. Expanding populations increase the risk of fires, potential loss of life and property damage. All of these factors combine to require extraordinary precautions to prevent fire in hillside areas.

B.#

Street Standards and Maintenance. Adherence to street standards prescribed herein is necessary for ingress and egress of fire-fighting equipment, traffic circulation and evacuation of residents in an emergency. The Fire Protection Agency may require the removal of flammable vegetation or other combustible material within twenty (20) feet of each side of the travelled way of every publicly maintained street.§ Abutting property owners are responsible for keeping each traffic lane of privately maintained streets and driveways clear of foliage to a minimum width of twelve (12) feet§ and a minimum height of fourteen (14) feet§ and to clear vegetation adjacent to the traffic lanes as required by the Fire Protection Agency.

C.#

Firebreaks. Firebreaks separating communities or clusters of structures may be required§ along with easements therefore, providing access for firefighting personnel and equipment. Breaks and easement areas shall be shown on a final map or parcel map. Construction of the breaks shall be included in the improvement plans with provision for maintenance, acceptable to the Fire Protection Agency, by the owners of abutting property.

D.#

Fire Protection Facilities. Fire protection facilities, including but, not limited to, access and water supply, shall conform to standards required by the Fire Protection Agency.

13.04.120 - Water supply and improvement plan.#

If the City Council approves a private water source, the subdivider shall provide an acceptable guarantee of supply of water, in addition to the amount required for domestic needs, that will be adequate in the judgment of the fire protection agency.§ Where the elevation of all or a portion of the land proposed to be subdivided is such that tanks, pumps or reservoirs need to be installed, the tentative map provide for locating those facilities, however, the exact location of each such facilities need not be indicated prior to submission of the final map or parcel map.

13.04.130 - Grading and landscaping plans.#

A.#

All hillside and scenic corridor subdivisions shall include:

1. A mandatory overall grading plan.

2. One (1) or more typical or illustrative lot grading plans may be required by the City Engineer.

3. A mandatory landscaping plan prepared by a licensed architect.§

B.#

Mandatory plans shall be submitted for review, approval, conditional approval or disapproval by the City Council acting on the recommendations of the City Engineer prior to approval of the final map or parcel map.

C.#

Re-shaping or sloping land rather than "mass pad" grading of steep terrain may be permitted providing the resulting appearance is as natural as possible, adequate drainage is provided and the slope landscaped and properly stabilized with sound foundation conditions. Numerous and extensive and steep cut and fill slopes shall be avoided and conditions imposed to eliminate dangerous and unattractive grading.

D.#

In order to avoid detrimental effects to neighboring property, contour maps of appropriate portions of property be prescribed so that grading will not detrimentally affect such adjacent property. This requirement shall not be imposed unless the right of entry is available to the subdivider or the City takes the necessary steps to acquire and provide such right of entry.