Lafayette Municipal Code Art. 5 Development Requirements for Subdivisions in the Hillside Overlay District

(a) The city recognizes the intrinsic value and sensitive nature of its scenic hillsides and major ridgelines. They constitute significant natural topographical features and comprise a large part of the natural open space and rural residential areas of the city because of their physical dominance of the city's landscape.

(b) Clustered development provides an opportunity for development that best serves the purpose of preserving the city's hillsides and ridgelines.

(c) By minimizing grading for roads and grouping dwelling units in areas where visibility to the public is minimal, habitat for wildlife and vegetation can be protected, usable public open space can be provided and hillsides can be maintained in as nearly natural a condition as feasible consistent with development.

(d) Each property has its own unique characteristics, including but not limited to topography, tree-cover and visual impact. The regulations in this article are intended to provide flexibility in the treatment of the development of individual properties as indicated by their uniqueness rather than to provide a fixed set of strict standards applicable in the same manner to all properties.

(e) These regulations are intended to allow a diversity in the relationship of buildings, structures, lot sizes, building site requirements and open spaces while ensuring compliance with the general plan and meeting maximum standards necessary to satisfy the requirements of the public health, safety and general welfare without unduly inhibiting the advantages of integrated site planning.

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

This article applies within the Hillside Overlay District to each new lot created under the Sub-division Map Act and, to the extent provided in Chapter 6-24, to an existing lot whose boundaries are reconfigured using the lot line adjustment process.

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

(a) The maximum density in the Hillside Overlay District for a subdivision approved after July 8, 2002 is the maximum density permitted in the underlying zoning district or that required by the following table, whichever is less.

du = dwelling units

(b) There is no minimum lot area requirement for new lots created within the Hillside Overlay District; however, the total number of lots in the subdivision shall not exceed the density established by subsection (a), disregarding any fractional remainder in the calculated number of dwelling units.

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

(a) In Section 6-2043, "average percent slope" ("S") is computed on the area of an un-subdivided parcel less the area of access easements or street rights-of-way by the following formulas:

S = 0.002296 l L / A or S = 100 l L / a

(b) In calculating the average percent of slope, a part or parts of an unsubdivided parcel may be excluded from the calculation at the option of the applicant if the applicant demonstrates and the manager determines:

(1) Each excluded area consists of a distinct topographical feature of the parcel such as a deep ravine, creek bank, or steep cut and fill bank for a street, the slope of which varies substantially from and is inconsistent with the topography of the remainder of the parcel;

(2) The total excluded area is not greater than 25 percent of the total area of the unsub-divided parcel; and

(3) The unexcluded area meets the maximum density requirements of the zoning district regulations applicable to the unsubdivided parcel.

The total excluded area may not be used in a calculation for density nor be used to exempt the remaining area from a requirement applicable to land in the Hillside Overlay District. The total excluded area is precluded from further development and, when appropriate, shall be protected by an open space, scenic or conservation easement.

An interested party may appeal the determination of the manager under this subsection to the planning commission.

(c) The calculation of the average percent of slope shall be based upon a complete topographic survey of the parcel provided at the expense of the applicant. A contour interval no greater than five feet and a horizontal map scale of one inch equals 100 feet, or as required by the manager, shall be used.

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

(a) The planning commission may grant an increase in the maximum density set forth in Section 6-2043, not to exceed a total of 40 percent increase in density only if, in addition to the findings for a subdivision required by Section 6-2071, it makes the following findings:

(1) The subject property is located in one of the following single family residential districts: R-6, R-10, R-12, R-15, R-20, or R-40;

(2) The resulting dwelling unit density will not exceed the average density of existing dwelling units on properties any portion of which is within 500 feet of the subject property and within the same zoning district as the subject property; and

(3) The resulting density will not be greater than the maximum density allowed by the underlying zoning district.

(b) In single-family residential district R-65 or R-100, the planning commission may grant an increase in the maximum density in Section 6-2043 upon making the findings in (2) and (3) of subsection (a). This increase may not exceed a total of 20 percent and applies only to the division of land into not more than two lots. 6-2045

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

(a) Development within a subdivision in the Hillside Overlay District shall be clustered in a manner consistent with the purpose and intent of Section 6-2041 and with findings required in Section 6-2071. The lots may not exceed the density established by Section 6-2043.

(b) The interior setbacks of each clustered lot within a subdivision are the setbacks established by an approved subdivision map and are set forth in recorded covenants, conditions and restrictions.

(c) The exterior setbacks are the setbacks of the underlying zoning district. Exterior setbacks refer to setbacks that abut properties adjacent to the subdivision.

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

(a) Each lot shall have a suitable naturally contoured building site of 30 percent or less slope. A "naturally" contoured building site does not include a manmade site unless it was created through a permit process before January 1, 1988. The percent slope of the building site is determined by Section 6-2044. Each building site shall meet the following standards:

(l) Each structure, including access facility such as a parking apron or required fire equipment turn-around, shall be sited so as to require minimal grading and to preserve the natural features of the site such as swales, rock outcroppings and vegetation;

(2) Construction shall take place within the designated 30 percent slope area with the exception of:

(A) An access road or driveway (not parking area), which shall be designed to require minimum grading;

(B) An ancillary structure, such as a deck supported by posts or cantilevered, and where the natural grade is undisturbed.

(3) The 30 percent slope area shall be of reasonably regular configuration; and

(4) A conceptual siting, massing and design study is required where the 30 percent slope area is less than 15,000 square feet.

(b) The planning commission may grant an exception to the requirement that the building site must be 30 percent or less slope if it finds that the application of the 30 percent maximum slope requirement would deprive the property of economically viable use. In granting an exception under this subsection (b), the density:

(l) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, 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)

(a) Each structure shall be located away from a prominent location such as a ridgeline, hilltop, knoll or open slope and shall be substantially concealed by vegetation or terrain when viewed from lower elevations from public places.

(b) Within 100 feet of a restricted ridgeline area or where an exception is granted to allow development within a ridgeline setback, each structure shall be substantially concealed by existing vegetation or existing terrain when viewed from lower elevations from public places.

(c) The requirements of this section are intended to protect views of the open and highly visible portions of the scenic hillsides and ridgelines so that they appear essentially undeveloped as viewed from below the dwelling. The Viewing Evaluation Map is intended as a guide to establish locations from which views are considered.

(d) The planning commission may grant an exception to the prohibition imposed by subsection (b) above if it finds that the prohibition would deprive the property of all economically viable use. In granting an exception under this subsection, the density:

(1) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, 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)

When a property proposed for subdivision includes a trail or portion of a trail designated either on the city's adopted master trails map or an adopted regional trail plan, the subdivision shall provide for such trail. The trail shall, as appropriate, be dedicated and improved as allowed by law in accordance with adopted city standards.

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

(a) The portion of a lot which has a ground slope in excess of 35 percent may not be altered by grading, the removal or alteration of a natural feature, such as a stream, rock outcrop, ridgeline, drainage swale, the removal of vegetation or other activity related to the preparation of the site for development except:

(1) As may be required in the interest of public safety, such as the 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;

(2) Provision for a trail comprising a component of the city's adopted master trails plan or an adopted regional trail plan; or

(3) When the planning commission finds that an exception is necessary in order to provide the least intensive or damaging access to an approved building site.

(b) The planning commission may grant an exception to the prohibition imposed by subsection (a) if it finds that the prohibition would deprive the property of economically viable use. In granting an exception under this subsection, the density:

(l) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and 6-2050

(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)

New or replacement vegetation in an area abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, excluding planting for erosion control or land stabilization, shall be native to the surrounding area. The goal of the planting should be a seamless blending with the natural vegetation. The reviewing authority may grant an exception to this requirement for a small garden area near the home provided it is not visible from public places and contains no non-native trees or shrubs over six feet in height, or large green expanses.

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

The planning commission may require dedication of open space, scenic or conservation easements to protect natural riparian vegetation, terrain, a scenic vista, trail corridor, stream or watercourse, wildlife, or other area of ecological significance or to limit a drainage or erosion problem.

A specific percentage of open space is not required. However, the development shall be planned and designed for the preservation of open space and the open space shall be a significant feature of the development. Open space shall be planned in mass rather than in "leftover" fragments.

Open spaces shall be linked visually and when physically possible should form a system of open spaces. Where appropriate, trails should link open spaces.

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

Utilities shall be installed underground in accordance with applicable underground utility ordinances and with the rules and regulations of the state Public Utilities Commission.

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

Each street right-of-way, improvement and pavement width shall conform to adopted city standards, provided that the planning commission may permit a pavement width less than the adopted standard for a two-way street after consideration of each of the following factors:

(a) Steepness of terrain;

(b) Depth of cut, amount of cut and fill required, height and appearance of required retaining walls;

(c) Type and quantity of trees and vegetation either existing or required to be installed;

(d) Ability to grade required cut and fill areas to give the appearance of a natural slope;

(e) Ability to landscape cut and fill areas to give the appearance of a natural slope;

(f) Existence of off-street parking to compensate for parking not provided on the street;

(g) Existence of adequate turn-arounds every 500 to 1,000 feet;

(h) Adequacy of sight distance and safety of driveway entrances;

(i) The maximum number of home sites which can ultimately be served by the street; and

(j) Whether the street is or can become a through street.

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

(a) Each dwelling unit must be accessed by a road or driveway adequate to meet fire safety requirements. A narrow road or driveway is preferred in order to protect valuable trees or to minimize grading. A fire equipment turn-around shall be provided as required by the fire district and shall be shown and labeled on development plans.

(b) Each fire hydrant shall be installed in a location and to standards recommended by the fire district.

(c) The applicant shall provide a roadway system that will be adequate to allow a fire fighting vehicle reasonable access to an isolated or large undeveloped area of the property.

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

The planning commission may impose additional requirements if it finds that the parcel re-quires protection because of its prominence and location, or determines that there may be exceptional hazards to its development.

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

In approving a subdivision in the Hillside Overlay District the planning commission shall make the findings required by Section 6-2071 in addition to the findings required by Government Code Section 66474.

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