Lafayette Municipal Code Art. 3 Ridgeline Protection

The general plan provides that:

(a) Ridgelines within the city constitute significant scenic topographical features and their retention in as near a natural state as feasible is an important community value; and

(b) Undeveloped ridgelines support a range of animal life, function as wildlife corridors for animal movement between open space areas, and contain native grassland, oak woodland, chaparral and riparian habitats.

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

For the purpose and application of this article, each ridge designated on the Lafayette area ridge map is grouped into one of three classes, I, II and III, depending upon its location, height, significance in relation to other nearby topographical features and the impact that development on or near the ridgeline would have upon scenic views of ridges and hillsides and the protection of open space, wildlife corridors, and native grassland, oak woodland, chaparral and riparian areas.

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

(a) Class I ridgeline setback. No development may take place within 400 feet (measured in plan view) of a class I ridgeline.

(b) Class II ridgeline setback. No development may take place within 250 feet (measured in plan view) of a class II ridgeline.

(c) Declination. When the planning commission has granted an exception to (A) or (B) above, then the 15-degree declination restriction in Section 6-2029 applies.

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

No portion of a structure may be erected adjacent to a class III ridge that is higher than a horizontal plane that intercepts the ridge. The ridgeline horizontal plane shall be at the nearest point of the development to the ridgeline and perpendicular to the ridgeline or have an arc of 90 degrees from the endpoint of the ridgeline.

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

The following activities are exempt from the development restrictions in Sections 6-2023 and 6-2024:

(a) A development proposal for a structure that received approval before July 8, 2002;

(b) A fence of an open agricultural nature approved by the manager;

(c) An activity required in the interest of public safety such as removal of poisonous or noxious plants, the controlled removal or thinning of vegetation as a part of a fire protection program required by the fire district, or other public safety purpose approved by the manager;

(d) Construction of a trail which comprises a component of the city's adopted master trails map or adopted regional trail plan;

(e) Construction of a road and attendant utilities if the planning commission finds that the crossing is necessary for orderly development.

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

The planning commission may grant an exception to the restriction of development on a class I ridge imposed by Section 6-2023 to allow subdivision if it makes the findings required by Section 6-2068. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. An exception shall be subject to the 15-degree declination restriction of Section 6-2029.

(Ord. 558 § 1, 2006; Ord. 538 § 1, 2003; Ord. 528 § 1, 2002) 6-2026

The planning commission may grant an exception to the restriction of development on a class II ridge by Section 6-2023(b) and a class III ridge imposed by Section 6-2024 to allow subdivision if it makes the findings required by Section 6-2069. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. In a class II ridgeline setback an exception shall be subject to the 15-degree declination restriction of Section 6-2029.

(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 provide a result that strictly satisfies the findings set forth in Section 6-2067. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. In a class I or class II ridgeline setback an exception shall be subject to the 15-degree declination restriction of Section 6-2029.

(Ord. 558 § 1, 2006)

(a) When the Planning Commission has granted an exception to permit development within a class I or class II ridgeline setback in accordance with Sections 6-2067, 6-2068 or 6-2069, no development shall be approved that will result in any portion of a building within a class I or class II ridge setback that is higher than a plane sloping downward at a declination of 15 degrees from the horizontal intercept of the ridgeline. The measurement shall be made at the nearest point of the development to the ridgeline and measured perpendicular to the ridgeline or as a radius from the endpoint of the ridgeline.

(b) The planning commission may grant an exception to the restriction of subdivision imposed by Section (a) above, if it makes the findings required by Section 6-2070. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter.

(Ord. 558 § 1, 2006)