Lafayette Municipal Code Ch. 6-20 Hillside Development

(a) The city council finds that:

(1) There are hills and ridges within the city that constitute significant natural topographical features and impart a sense of identity and image to the city;

(2) It is desirable to insure the existence of a harmonious relationship between the existing natural hillside environment and the manmade environment through development standards designed for hillside development;

(3) The retention of hillsides in as near as natural state as is feasible is an important policy expressed in the general plan;

(4) The hillsides and ridgelines contain appropriate routes for equestrian and pedestrian trails which may be acquired as allowed by law through permitted dedications; and

(5) The hillsides and ridgeline areas contain important wildlife corridors and habitats.

(b) The purpose of this chapter is to:

(1) Maintain the semi-rural character and beauty of the city by preserving its open and uncluttered topographic features in their natural state;

(2) Encourage an alternate approach to conventional flat land development practices;

(3) Minimize grading and cut and fill operations consistent with the retention of the natural character of the hillsides;

(4) Achieve land use densities in keeping with the general plan while retaining the significant natural features of hillside areas through densities that diminish as the slope of terrain increases;

(5) Minimize water runoff and soil erosion when terrain is graded to meet onsite and off-site development needs;

(6) Maintain steep slopes, riparian areas and woodlands in as nearly natural a condition as is feasible;

(7) Prohibit development on significant ridgelines and prohibit development which when viewed from lower elevations protrudes above these ridgelines;

(8) Preserve the predominant views both from and of the hillsides;

(9) Regulate the development of hillside and ridgelines areas by imposing standards for ridgeline setbacks, streets, trails and other improvements consistent with the purpose of this chapter; and

(10) Regulate the development of hillside and ridgeline areas in a manner so as not to take private property without just compensation.

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

The requirements of this chapter are in addition to those made applicable by other provisions of the Lafayette Municipal Code. If there is a conflict between this chapter and another provision of the Lafayette Municipal Code, this chapter controls.

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

In this chapter unless the context requires otherwise:

(a) "Applicant" is the person that has submitted an application for a proposed development pursuant to this chapter either as the property owner or as the authorized representative of the property owner;

(b) "Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

(c) "Cluster" or "clustering" refers to the grouping together of residential building sites contained in a subdivided parcel such that:

(1) There exists substantial open space within the subdivided parcel; and

(2) Such open space adjoins existing contiguous open space not part of the subdivision;

(d) "Construction" is the act of placing, erecting, modifying or relocating a structure, or the act of preparing a site for such work, including grading;

(e) "Density" refers to the number of residential units per acre;

(f) "Development" or "develop" means the use to which land is to be put, the structure to be put on it and every alteration of the land incident thereto. Development includes construction, grading, removing of a native tree of four inches or more in diameter as measured at four feet six inches above grade or native riparian vegetation, major landscaping, change in the density or intensity of land use, subdivision pursuant to the Subdivision Map Act, and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public use;

(g) "Fire district" refers to the Contra Costa County Fire Protection District.

(h) "Hearing authority" is the authority designated by this chapter to review, hear and make a determination on a proposed development or grant an exception under this chapter, and includes the zoning administrator, design review commission, planning commission, and, in the case of an appeal, city council;

(i) "Hillside development" is a development, any part of which is in a Hillside Overlay District;

(j) "Hillside Overlay District" is the area shown on the map entitled Hillside Overlay District dated July 8, 2002, a copy of which is on file in the office of the manager.

(k) "Manager" refers to the planning and building services manager for the city.

(l) "Major landscaping" is the planting of over 5,000 square feet of non-native vegetation and does not include vegetation for erosion control or land stabilization.

(m) "Native riparian vegetation" is vegetation indigenous to a riparian habitat along a perennial or intermittent creek, stream or other water course; 6-2003

(n) "Native vegetation" is vegetation indigenous to an oak woodland, chaparral, grassland or riparian habitat;

(o) "Public places" are outdoor places where members of the public congregate or travel as may be shown on the Viewing Evaluation Map.

(p) "Residential design review guidelines" are city adopted design guidelines intended to minimize visibility of structures, retain natural features of land and protect habitat and native vegetation;

(q) "Restricted ridgeline area" is a class III ridgeline or an area within 400 feet of a class I ridgeline or 250 feet of a class II ridgeline;

(r) "Ridge" is a ridge designated as class I, II or III on the map entitled Lafayette Area Ridge Map, dated July 8, 2002;

(s) "Ridgeline" is a line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another;

(t) "Structure" includes anything constructed or erected, such as a road, building or retaining wall, that requires a fixed location on the ground or is attached to something having a fixed location on the ground;

(u) "Viewing Evaluation Map" is the map entitled Viewing Evaluation Map, dated March 1, 1993, as amended September 25, 2006, which is intended as a guide to establish locations from which views are considered in the determination of the visual impact of a proposed structure.

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

(a) The following maps are adopted as part of this chapter:

(1) Map of ridges entitled Lafayette Area Ridge Map, dated July 8, 2002;

(2) Hillside Overlay District map entitled Hillside Overlay District Map, dated July 8, 2002; and

(3) Viewing evaluation map, entitled Viewing Evaluation Map, dated March 1, 1993, as amended September 25, 2006.

(b) Each original map is on file in the office of the city clerk. A copy shall be kept on file in the office of the manager and shall be made available to the public.

(c) The city council may amend a map referred to in subsection (a) of this Section by resolution after following the notice and hearing procedure prescribed for the adoption or amendment of a zoning ordinance. (Government Code § 65853 et seq.)

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002) 6-2004

Each restricted ridgeline area within which development is prohibited by Sections 6-2023 and 6-2024 is described in the map adopted by Section 6-2004. If a precise onsite measurement shows that the area within which development is prohibited varies from that shown on the city's map, the area shown by the onsite measurement controls.

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