§ 6.1023. Hillside district exemptions.

The ESL regulations shall not apply to a development project, which was the subject of a pending application as of February 19, 1991, or development approvals under the provisions of the former hillside district, Section 6.800 through 6.810. For the purposes of this Section, "development approval" means rezoning, use permit, subdivision plat, master plan, Development Review Board, variance or building permit approval.

A.

Applicability of hillside district regulations. Exempt development projects shall be developed under the hillside district regulations and development standards in effect when the development project was approved, including rezoning stipulations.

B.

Application of ESL regulations to exempt development projects. The property owner of a development project exempt under this Section may elect to develop under the ESL regulations. The election must be communicated in writing to the Zoning Administrator before application is made for further development approval following the effective date of ESLO (February 19, 1991).

C.

If the effect of an election to develop under the ESL regulations is to alter the densities or land uses approved under the hillside district, or changes the size or configuration of any hillside conservation (HC) zoned area, the election is conditioned upon City Council approval of a rezoning pursuant to the provisions of sections 1.300 and 6.1090.

D.

If the property owner of an exempt development project elects to apply the ESL regulations to only a portion of the development project, the property owner must demonstrate that those portions of the project developed or to be developed under hillside district regulations meet all requirements of those regulations, including the preservation of hillside conservation areas through easement or dedication.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3395, § 1, 12-11-01; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 150, 151), 5-6-14)