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This overlay district shall apply to areas zoned HD (hillside development).

A. The following provisions are intended to apply to parcels or portions thereof within the HD zone. Development subject to these regulations includes grading, building permits, parcel maps, tentative tracts, conditional use permits, site plan reviews, general plan amendments, and zone changes. As areas are annexed to the city and zoned HD, Exhibits A and B shall be amended as appropriate.

B. Encourage developments intending to annex to the city to conform to the standards of this chapter.

C. Exceptions. This chapter shall not be applicable to the following activities or projects:

1. Modification of or addition to any pre-existing single family dwelling or accessory structure that predates this ordinance. This exemption shall not include an increase in the number of units or change in use;

2. Fire breaks and fire roads required by the Bakersfield fire department;

3. Recreation trails for pedestrian, equestrian, or multi-use purposes;

4. Lot line adjustments;

5. Landscaping on single-family parcels;

6. Modifications to yard, height, lot area and fence/wall regulations;

7. Public works projects determined by the city council to be necessary for the public health, safety or welfare which, by implementation of this ordinance, would create an unfair cost to the community;

8. Where it can be demonstrated that the imposition of the standards in this chapter would render an existing parcel (parcel created prior to adoption of the ordinance codified in this chapter) of land unbuildable and create a loss of all economic use, or where the development exhibits innovation and/or exceptional community benefits which cannot be realized through imposition of the standards contained in this chapter, development consistent with the general plan may be allowed, subject to the following provisions:

a. The proposed development shall serve the intent and purpose of the HD zone and general plan policies regarding hillsides.

b. The proposed development shall be subject to the approval of a planned unit development zone, planned commercial development zone, development agreement, optional design subdivision or specific plan. (Ord. 4391 § 1 (Exh. A), 2006)