Note: Much of the content on this page was taken from Planning Commission meeting minutes, February 18, Item 7A Supplemental #1

History of Hillside Overlay

  • Established in 1977
  • Intendeds to protect view, light, air, and privacy due to unique topography
  • Evolved from guidelines to current process
  • Maintains original underlying zoning

Development Process

  1. Building Permits – Ministerial
  2. Minor Hillside Exemption – Administrative
  3. Precise Plan of Development – Public Hearing

Building Permit (Ministerial)

Ministerial Approval is a non-discretionary, administrative process where a city must approve a project if it meets all objective, pre-established zoning and building code standards without the exercise of personal judgment, public hearings, or environmental review.

The following types of building permits may receive ministerial approval:

New Construction

  • Rooftop, flush-mount solar panels
  • In-ground pools
  • Retaining walls less than 36in
  • Fences less than 6ft
  • SB9 Projects

Minor Repairs & Maintenance

  • Replacing water heater or air conditioner
  • Re-roof
  • Interior remodel
  • Windows of the same dimensions or smaller

Minor Hillside Exemption

A Minor Hillside Exemption (MHE) is an administrative permit that allows for certain minor construction projects in the Hillside Overlay District to bypass the full Planning Commission hearing process. It is granted at the discretion of the Community Development Director.

  • Notification of adjacent/surrounding property owners
  • New construction/addition (one-story, under 14ft)
  • Retaining walls (between 3ft – 5ft)
  • New windows/exterior openings

Precise Plan

A Precise Plan is a discretionary planning entitlement required for certain types of development to ensure they are well-designed and compatible with the surrounding neighborhood. Unlike a standard building permit, it involves a subjective review by the Planning Commission to determine if a project meets specific aesthetic and community standards.

A precise plan is required for:

  • Additions over 14ft in height (one or two-story)
  • New two-story Single Family Residence (SFR)
  • Addition resulting over 0.50 Floor Area Ratio (FAR)

Project Evaluation

  • Evaluated on own merit
  • Site visit by staff
  • Photographs without zoom for internal review/appeal presentations
  • Reviewed for impacts to view, light, air, and privacy
  • Potential impacts discussed with applicant/proponent

Housing Legislation

  • Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU/JADUs)
  • SB9 – Two Unit Projects and Urban Lot Splits
  • Housing Accountability Act (HAA)
  • Housing Crisis Act (HCA)

Relationship to Hillside Overlay

  • Qualifying projects reviewed under objective standards
  • Objective standards are quantifiable, no personal/subjective judgement, definitive
  • Underlaying zone applies
  • Qualifying SFR projects still subject to Overlay