Lafayette Municipal Code Art. 6 Hillside Development Permit Approval Process

Development within the Hillside Overlay District requires a permit. A proposal for development within the Hillside Overlay District shall be initiated by an application on a form prescribed by the city together with the required fee.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

In addition to the submittal requirements imposed by the city's zoning, subdivision, building and grading regulations and environmental review procedures, an applicant for a hillside development permit shall submit the following in the form of textual material and general schematics:

(a) Proposed use of the land;

(b) Existing natural land features and topography including each designated ridgeline. The topography shall be shown at a maximum of two foot contour intervals in the area to be developed;

(c) Surveyed locations of each tree having a trunk of four or more inches in diameter at four feet six inches above grade and within 100 feet of all construction and grading. The plan shall denote tree species, show accurate drip lines, base of trunk elevations and indicate whether or not the tree is to be removed; 2-2062

(d) Circulation plan for each vehicular and pedestrian way;

(e) Proposed building site;

(f) General location of each hiking, riding and bicycle trail and recreational facility;

(g) Plan showing the natural open space which will remain upon completion of development;

(h) Location and dimensions of each existing structure;

(i) Landscaping, parking area and all proposed structures;

(j) Anticipated grading for the development;

(k) Current preliminary soils and geological report in each proposed building site prepared by a registered geotechnical engineer;

(l) Written legal description of the property;

(m) Preliminary report indicating provision for storm drainage, sewage disposal and public utilities;

(n) Statement indicating how the proposed development conforms to the general plan;

(o) Biotic resources analysis that includes the following:

(1) Type and location of threatened and endangered plant and animal species;

(2) Riparian vegetation on and within 100 feet of subject property;

(3) Oak woodland and other plant communities providing habitat;

(4) Location of watercourses, springs, drainage swales and other natural features that may provide habitat;

(5) Wildlife corridors;

(6) Area and location of undeveloped land on the subject property required to protect and enhance the continued viability of significant biotic resources, where applicable; and

(7) Mitigation measures for impacts on significant biotic resources; and

(p) Additional information required by the manager.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The manager may waive a submittal requirement imposed by Section 6-2062 upon determination that:

(a) The information is not required in order to make one or more of the required findings;

(b) The information required is not applicable in the case of an addition to an existing dwelling or remodel;

(c) A recent report exists covering the same subject matter on the same site; or

(d) The material required is or will be part of an environmental impact report or negative declaration.

The decision of the manager may be appealed as provided in Section 6-214 of the Lafayette Municipal Code.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

Notice of a public hearing on an application for a hillside development permit shall be given in the same manner as the notice requirement for a variance as prescribed in Section 6-211.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

(a) The procedure for obtaining a hillside development permit is as follows:

(1) An application for a hillside development permit shall be submitted to the zoning administrator accompanied by the required fee;

(2) If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter, the zoning administrator may issue a hillside development permit without the requirement for a public hearing;

(3) If the zoning administrator determines that a public hearing is required, the zoning administrator shall provide notice as prescribed in Section 6-2064;

(4) The zoning administrator may refer the application to the design review commission or planning commission for review and action and require submission of the required fee for consideration of a hillside development permit by the design review or planning commission;

(5) The design review commission may refer the application to the planning commission for review and action and require submission of the required fee for consideration of a hillside development permit by the planning commission;

(6) The zoning administrator, design review commission or planning commission may approve, conditionally approve or deny the application;

(7) A decision of the zoning administrator or planning commission is subject to the right of appeal in the manner set forth in Chapter 6-2, Article 3, Sections 6-225 through 6-238. A decision of the design review commission is subject to the right of appeal in the matter set forth in Chapter 2, Article 5, Section 2-511.

(8) Development of a building on a vacant lot in the Hillside Overlay District shall be reviewed in two separate Hillside Development Permit applications made on a form and in such manner as prescribed by the manager:

A. Application 1: Siting and massing determination by the Planning Commission.

B. Application 2: Review of the design and impacts of the project.

(b) The planning commission shall be the hearing authority for the following:

(1) Development within 100 feet of a restricted ridgeline area, except where the zoning administrator determines that the proposed development is minimal in nature and complies with the purpose and intent of this chapter;

(2) Development requiring an exception to permit development within a restricted ridgeline area, except where the zoning administrator determines that the proposed development is minimal in nature and complies with the purpose and intent of this chapter; or

(3) A subdivision in the Hillside Overlay District.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003)

The hearing authority may impose a condition to an approval if it determines that the condition is necessary to carry out the purpose and intent of this chapter.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The planning commission may grant an exception permitting development on an existing lot of record within a restricted ridgeline area if it finds that the site plan and design are such that the proposed development would strictly satisfy the findings set forth in Section 6-2071.

(Ord. 558 § 1, 2006)

In order to grant an exception to the prohibition of subdivision on a class I ridge imposed by Section 6-2023(a), the planning commission shall make, in addition to other findings required by this chapter (refer to Section 6-2071), the following findings:

(a) The prohibition of Section 6-2023 has the effect of depriving the property of all economically viable use;

(b) The density does not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and

(c) The density permitted does not exceed that necessary to provide the property with an economically viable use.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

In order to grant an exception to the prohibition of subdivision within a class II ridgeline setback imposed by Section 6-2023(b) or on a class III ridge imposed by Section 6-2024, the planning commission shall find either that:

(a) Special conditions and unique characteristics of the subject property exist and a site plan and design is such that the proposed development would provide a result that satisfies the strict standards and policies of Section 6-2071; or

(b) The prohibition would deprive the property of all economically viable use and the subdivision meets the standards in Section 6-2071 to the maximum extent feasible. In granting an exception under this subsection (b) the density:

(1) Shall not exceed the density permitted by the slope density formula or the underlying zoning district, whichever is less; and

(2) Shall not exceed that necessary to avoid an unconstitutional taking of property.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The planning commission may grant an exception to the restriction of development within the 15-degree declination line of a class I or class II ridge if it makes the findings in (a), (b) or (c) below:

(a) The topography or existing vegetation are such that:

(1) The building will not have a substantial visual impact and will not silhouette above the ridge when viewed from lower elevations in the city, using the Viewing Evaluation Map as a guide for areas from which views are considered; and

(2) Grant of an exception will not interfere with an existing or proposed ridge trail or compromise its open space and scenic character.

(b) For existing lots of record where it is not possible to substantially conceal the building in conformance with subsection (a) above, the Planning Commission may grant an exception if it finds that:

(1) The height, size, siting, design and landscaping are such that the building is concealed to the maximum extent feasible and the structure will not silhouette above the ridge when viewed from lower elevations in the city, using the Viewing Evaluation Map as a guide for areas from which views are considered; and

(2) Grant of an exception will not interfere with an existing or proposed ridge trail or compromise its open space and scenic character.

(c) For a subdivision, when the prohibition would deprive the property of all economically viable use and the subdivision meets the standards in section 6-2071 to the maximum extent feasible. In granting an exception under this subsection the density:

(1) Shall not exceed the density permitted by the slope density formula or the underlying zoning district, whichever is less; and

(2) Shall not exceed that necessary to avoid an unconstitutional taking of property.

(Ord. 558 § 1, 2006)

The hearing authority may approve an application for a hillside development permit on an existing lot of record only after making the following findings:

(a) The development is consistent with the applicable goals and policies of the general plan and is in conformance with applicable zoning regulations;

(b) The development will preserve open space and physical features, including rock outcroppings and other prominent geological features, streams, streambeds, ponds, drainage swales, native vegetation, native riparian vegetation, animal habitats and other natural features;

(c) Structures in the hillside Overlay District will, to the extent feasible, be located away from prominent locations such as ridgelines, hilltops, knolls and open slopes;

(d) The development, including site design and the location and massing of all structures and improvements will, to the extent feasible:

(1) Minimize the loss of privacy to surrounding residents and not unduly impact, restrict or block significant views;

(2) Not have a significant visual impact when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered; and

(3) Not interfere with a ridgeline trail corridor or compromise the open space or scenic character of the corridor.

(e) Within 100 feet of a restricted ridgeline area, or when a exception to a ridgeline setback has been granted, the development will result in each structure being substantially concealed by terrain or vegetation when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered.

(f) Development grading will be minimized to limit scarring and cutting of hillsides especially for long roads or driveways, preserve existing geologic features, topographic conditions and existing vegetation, reduce short and long-term erosion, slides and flooding, and abate visual impacts;

(g) The development provides adequate emergency vehicle access, including turn-around space, to the building site and surrounding on-site undeveloped or isolated areas.

(h) Each structure and proposed landscaping complies with the city's residential design guidelines;

(i) The new or replacement vegetation for the development is native to the surrounding area in areas abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, and conforms to the policies of Section 6-2051.

(j) The development will not create a nuisance, hazard or enforcement problem within the neighborhood or the city, nor require the city to provide an unusual or disproportionate level of public services;

(Ord. 558 § 1, 2006)

(a) The development is consistent with the applicable goals and policies of the general plan and is in conformance with applicable zoning regulations;

(b) The development will preserve open space and physical features, including rock outcroppings and other prominent geological features, streams, streambeds, ponds, drainage swales, native vegetation, native riparian vegetation, animal habitats and other natural features;

(c) The design of the subdivision and the proposed development are derived from naturally contoured sites of reasonably regular configuration, do not create building sites on slopes exceeding 30 percent nor result in the need for construction of primary structures outside the areas of 30 percent or less slopes;

(d) The design of the subdivision and the proposed development will result in each structure being substantially concealed, as required by Section 6-2048, when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered;

(e) The design of the subdivision provides for a trail or portions of trails in conformance with the city's adopted master trails map or an adopted regional trail plan, and the trail is dedicated and conditioned for improvement in accordance with adopted standards;

(f) The design of the subdivision and proposed development use clustering or other site planning techniques to preserve hillsides, ridgelines, knolls and open space, minimize impacts on wildlife habitats to the extent feasible, and provide for the preservation of vegetation, terrain, scenic vistas, trail corridors, streams or water courses, or other areas of ecological significance through dedication, easement, land trust or other suitable regulation;

(g) Development grading will be minimized to limit scarring and cutting of hillsides especially for long roads or driveways, preserve existing geologic features, topographic conditions and existing vegetation, reduce short and long-term erosion, slides and flooding, and abate visual impacts; 6-2072

(h) The design of the subdivision and the proposed development are arranged so that no portion of the lot exceeding a slope of 35 percent, is proposed to be altered by grading removal or alteration of a natural feature, the removal of vegetation or other activity related to the preparation of the site for development, except fire protection, or other measures necessary for public safety, slope or geologic stabilization or the provision of a trail in conformance with the city's adopted master trails map or an adopted regional trail plan or where the planning commission finds that an exception is necessary to provide the least intrusive or damaging access to an approved building site;

(i) The development, including site design and the location and massing of all structures and improvements will be located away from prominent locations such as ridgelines, hilltops, knolls and open slopes, preserve the open and uncluttered topography of the city, and not interfere with a ridgeline corridor or compromise the open space or scenic character of the corridor;

(j) The development and each associated improvement is located and designed to complement the natural terrain and landscape of the site and surrounding properties, and in when in close proximity to an existing neighborhood relates to the development pattern, including density and distribution, of that neighborhood;

(k) The new or replacement vegetation for the development is native to the surrounding area in areas abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, excluding planting for erosion control or land stabilization, and conforms to the policies of Section 6-2051.

(l) The development complies with the city's residential design guidelines, and landscaping will ensure visual relief and complement each proposed structure to provide an attractive environment;

(m) Each proposed house location and the location of each related structure is sited to minimize loss of privacy and not unduly impact, restrict or block significant views;

(n) The design of streets, streetlights, storm drainage, utilities and other common improvements incorporated into the subdivision comply with adopted city standards and are designed to preserve the character of the site and surrounding area, minimize visual impact and avoid adverse impacts on surrounding properties and neighborhoods;

(o) Street right-of-way incorporated into the design of the subdivision is based on the conditions set forth in Section 6-2054, "Streets";

(p) The design of the subdivision and the proposed development provide adequate emergency vehicle access, including turn-around space, to each building site and surrounding undeveloped areas, while protecting valuable trees, minimizing grading and preserving the natural hillside character of the site and vicinity;

(q) The development will not create a nuisance, hazard or enforcement problem within the neighborhood or the city, nor require the city to provide an unusual or disproportionate level of public services.

(Ord. 558 § 1, 2006)

A permit approval automatically expires if the use or action authorized is not started or construction incident thereto is not begun on or before the time limit specified in the permit, and there-after diligently pursued. If no time is specified, the permit expires 12 months after the date of approval. The manager may grant one 12-month extension of time upon written request if the city has not made relevant changes to the Lafayette Municipal Code and the development is not changed.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The city shall not authorize the issuance of a building permit nor an occupancy permit for a development unless it conforms to the terms and conditions of a hillside development permit.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)

The time and manner for decision and appeal upon an application of a hillside development permit are governed by Sections 6-225 through 6-238.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002)