§ 16.50

The City Council of the City of Clayton hereby finds that the terrain of certain areas of the City provides a unique and substantial character to the area, and forms an integral part of the City's total environment. Due to their physical dominance on the City's landscape, development of the hillside areas will definitely affect the visual and environmental character of the community. The City's primary objective regarding hillside development is to preserve the natural terrain, quality environment and aesthetic character of the City, while encouraging creative, innovative and safe residential development with a variety of housing types. Such

characteristics will only be achieved when special consideration is given to those developments, subdivisions and lot splits within hillside areas on an individual basis, and proper consideration of the variations in conditions, design criteria and other requirements which must be flexible in order to achieve a development that meets the foregoing purpose consistent with the policies set forth herein below.

Subdivisions and other developments in hillside areas shall be subject to the provisions of this Chapter 16.50.

In enacting this Chapter 16.50 it is the intention and the policy of the City of Clayton to:

A.

Preserve the most visually significant skylines, hilltops and hillsides as viewed from the streets that have been designated "Scenic Routes" by the City of Clayton's Scenic Routes Element of the General Plan.

B.

Allow only minimal grading which relates to the natural contour of the land and which will round off, in a natural manner, sharp angles at the top and ends of cut and fill slopes, to provide a smooth transition from engineered slope to natural topography. Grading which creates a mass-graded, padded lot effect shall not be allowed, such as grading plans that propose the creation of high, artificial appearing slopes at the boundaries of developed areas. Land with twenty-six percent (26%) or greater slope shall not be graded except at the specific direction of the Planning Commission and/or City Council and only where it can be shown that a minimum amount of development is in the spirit of, and not incompatible with, the intention and purpose of the Safety Element of the General Plan.

C.

Ensure that future hillside developments are visually and functionally compatible with the rural character of Clayton. The design of projects shall reflect sensitivity to the opportunities and conditions of the site. Allow new land developments only in a manner that compliments the natural features of the area, including the topography, creek channel, vegetation, rock outcroppings and soil characteristics. A three dimensional view of the proposed project may be required.

D.

Strongly encourage the retention and protection of significant trees, such as oaks, and riparian vegetation which stabilize steep hillsides and creek banks, retain moisture, prevent erosion and enhance the natural scenic beauty, and where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillsides.

E.

Require a variety of building types and designs to materially reduce grading and disturbance to the natural character of specific areas.

F.

Ensure that preferential consideration is given to the grouping of houses in clusters when such clustering is in the spirit of and not inconsistent with the intention and purposes of the Hillside Ordinance. However, the overall density should be within the limits established by the General Plan and the prevailing Zoning District and ordinances which may be developed for specific projects.

G.

Establish circulation which will serve local traffic efficiently with a minimum of disturbance to hillsides and with a minimum of conflict with existing residential neighborhoods.

H.

To ensure safe development, careful consideration should be given to potentially hazardous geologic and soil conditions. Reports shall be required early in the planning process. In areas of difficult topography, density determinations shall be controlled by topographic and geologic limitations.

(Ord. 192, 1978; Ord. 325, 1996)

The following development standards are established as the minimum deemed necessary to ensure public health, safety and welfare, and to accomplish their intent and purpose of minimum scaring of hillsides:

A.

Hillside street standards shall reflect a rural rather than urban character. Street alignments, where practical, should be parallel to contours. Where a location between a valley and ridge is unavoidable, directional pavements should be split, with the principle of grading being half cut and half fill versus all fill or all cut. The detailed design characteristics for each type of street shall be vary carefully considered within the framework of requiring absolute minimum geometric standards.

B.

Sidewalk and walkways shall be provided in accordance with carefully conceived total pedestrian circulation plan, and not rigidly appended into every street.

C.

Bicycle and equestrian trails should be integrated onto the overall circulation plan for any project in accordance with the City of Clayton's Master Trails Plan.

D.

Street lighting in hillside areas should comply with City specifications, be of low profile design, be unobtrusive, and be designed to enhance a rural character.

E.

When the terrain necessitates the elimination of on street parking alternative methods such as off street or intermittent widening of streets for parking and turnarounds shall be provided.

F.

Building design and architectural features shall be compatible to the specific parcel to be developed and with the purpose and policies of this ordinance. Lot size, building types, height limits and setbacks shall be flexible in order to achieve this end; however, safety considerations shall be of foremost concern.

(Ord. 192, 1978; Ord. 325, 1996)

Those areas that are to remain as undeveloped open spaces such as undevelopable slopes and natural landmarks, etc., or to be used for recreational purposes, may be offered through dedication as part of an open space and park system. If however, such an offer is not accepted, the developer shall make provisions for ownership and care of the open space in such a manner that there can be the necessary maintenance thereof. Such areas shall be provided with appropriate access and shall be designated as separate parcels or special easements which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowners association.

(Ord. 192, 1978; Ord. 325, 1996)

No trees shall be removed except those specifically designated for removal on the plans approved by the Planning Commission or City Council. A tree protection plan shall be prepared in accordance with Section 15.70.045 for all trees to be retained.

A.

The developer shall be subject to the provisions of Chapter 15.70 for removal of any tree which was not designated for removal on the plans approved by the City.

B.

The tentative subdivision map and/or final development plan shall accurately locate all trees with a diameter of six (6) inches or greater at four (4) feet, six (6) inches above natural grade and within fifty (50) feet of an area that is planned for development or is to be graded. The trees should be identified by common name and trunk diameter. All trees to remain shall be clearly labeled and numbered. Orchards trees need not be shown unless they are required to be shown by the City.

C.

Prior to issuance of grading permits, the developer (or the arborist, if applicable) for the project shall certify that the driplines of all trees to be retained have been fenced, or protected in a similar manner in accordance with the tree protection plan. No grading is permitted within the driplines unless such grading is specifically approved by the Planning Commission or arborist.

(Ord. 192, 1978; Ord. 325, 1996; Ord. 381, 2005)

The density for property subject to these standards shall decrease with increasing slope but the density shall be within the limits established by the General Plan. Said decrease in density shall be determined by the Planning Commission.

(Ord. 192, 1978; Ord. 325, 1996)

Preliminary grading plans shall be submitted to the Planning Commission with the tentative subdivision map or final development plan. Said grading plans and necessary exhibits shall contain the following information. Grading plans should not be diagrammatic or generalized.

A.

Grading plans shall show all grading proposed for roads, driveways and building sites.

B.

The limit of fill and cut shall be clearly labeled.

C.

For critical or sensitive areas as determined by the Planning Commission, there shall be accurate sections.

D.

Two (2) copies of colored cut and fill maps.

Upon approval of the preliminary grading plan and exhibits, a final grading plan and necessary exhibits shall be submitted to the City for review and approval by the City Engineer and Planning Director prior to City Council action on the final subdivision map. Said final grading plan shall be consistent with the preliminary grading plan approved by the Planning Commission.

(Ord. 192, 1978; Ord. 325, 1996)

Chapter 16.55 - HABITAT CONSERVATION PLAN IMPLEMENTATION

Sections: