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It is the desire of the city to decrease its dependence upon nonrenewable energy resources and to encourage the use of alternative energy sources such as wind energy conversion systems. It is also the desire of the city to regulate and control the installation of wind energy conversion systems in the city. This chapter is intended to delineate the city's policy of ensuring that the peace, health, safety and welfare of its citizens are protected from inappropriate WECS installations and that the aesthetic and noise aspects of such installations are properly regulated. It is declared that:

(a)

There shall be no windfarms installed in Lafayette for use as a business for producing electrical power for sale.

(b)

Except as otherwise provided in this chapter, there shall be no more than one WECS per lot; each WECS shall be located on the same lot as the land use that it serves, or on a contiguous lot, if a suitable easement is available.

(c)

A planned unit development of more than five dwelling units may have more than one WECS for common or shared usage.

(d)

Any WECS installation existing prior to the effective date of the ordinance codified in this chapter shall be a legal nonconforming use.

(e)

The provisions of this chapter shall govern all WECS installations in the city.

(Ord. 278 § 1 (part), 1982)

For the purposes of this chapter, certain terms are defined as follows:

(a)

"Dominant wind quadrant" means the direction from which 80 percent of the energy contained in the wind flows.

(b)

"Wind energy conversion system" ("WECS") means a device designed or used for the purpose of converting wind energy into electrical or mechanical power, including all interconnection and auxiliary equipment.

(c)

"Overspeed control" means a mechanism used to limit the speed of blade rotation to below the safe design limits of the WECS.

(d)

"Rotor" means the propeller or other device which extracts energy from the windstream by rotating in response to the wind.

(e)

"Swept area" means the largest area of the WECS which extracts energy from the wind stream.

(f)

"Total height" means the maximum height reached by the rotor or propeller blade or any other part of the WECS, to be measured from natural grade level at the base of the tower.

(g)

"Upwind type rotor" means a type of wind generator with the rotor or propeller located upwind of the pole or any other part of the WECS.

(h)

"Windfarm" means multiple WECS installations at a single property or area for the purpose of generating larger quantities of electrical or mechanical power than is normally possible with a single unit.

(Ord. 278 § 1 (part), 1982)

The installation and use of a WECS is permitted in every land use district, subject in each instance to obtaining a land use permit. Any WECS, the installation of which commenced prior to January 1, 1986 shall be considered experimental. Any conditional land use permit issued for such an installation shall be subject to review by the planning commission, and after notice and hearing, subject to either revocation, or the imposition of additional or modified conditions, or the deletion of conditions.

(Ord. 278 § 1 (part), 1982)

The provisions of Chapter 6-2 of this title shall apply to an application for a WECS to the extent they are not in conflict with this chapter.

(Ord. 278 § 1 (part), 1982)

An application for a land use permit for a WECS shall be made in writing to the planning director on a form provided by the city, and shall include the following information:

(a)

Name and address of the applicant;

(b)

Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make the application;

(c)

A plot plan and development plan drawn in sufficient detail clearly to describe:

(1)

Location of property lines, physical dimensions and topographical layout of the proposed site,

(2)

Scaled and dimensioned drawings of the WECS as proposed for installation, including method of bracing,

(3)

A scaled, vertical section through the site and WECS in the same plane as the dominant wind quadrant, showing all structures, trees and topographic conditions for a distance of 300 feet on each side of the WECS,

(4)

Location, dimensions, descriptions of types, and height of every structure within 150 feet of the WECS tower,

(5)

Location of the proposed WECS,

(6)

Location of all above-ground utility lines on site,

(7)

Location of all above-ground utility lines which are off the site, but which are within a distance from the base of the WECS tower equal to the height of the WECS, including the furthest vertical extension of the rotor assembly,

(8)

Location of each tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a 150-foot radius of the proposed WECS,

(9)

The location of all transmission facilities proposed for installing the WECS,

(10)

The location of all road and other service structures proposed as part of the installation, and the grading necessary for such installation, and

(11)

An indication of the dominant wind quadrant and estimated velocity.

(Ord. 278 § 1 (part), 1982)

The planning commission, in approving a land use permit for a WECS, may impose certain conditions under which the proposed use may be allowed, which will prevent material damage to adjacent properties and provide suitable safeguards to the public health, safety and general welfare.

(Ord. 278 § 1 (part), 1982)

The WECS shall conform with the following construction standards:

(a)

Compliance with Uniform Building Code. The building permit application shall be accompanied by standard drawings of the structural components of the WECS and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Building Code. Drawings and engineering calculations shall be certified in writing by a California registered structural engineer, or by the manufacturer. Where the structural components of an installation vary from the standard design or specification, the proposed modifications shall be certified by a California registered structural engineer for compliance with the seismic and structural design provisions of the Uniform Building Code. All equipment and materials shall be used or installed in accordance with the approved drawings.

(b)

Soils Report. The building permit application shall be accompanied by a soils report for the site of each proposed WECS and the WECS structure shall be constructed to meet the requirements of the soils report and be designed for 100-mile-per-hour wind conditions.

(c)

Compliance with National Electrical Code. The building permit application shall be accompanied by a drawing identifying the location of the metering, protection and control devices and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to the provisions for grounding, lightning arrestors, wiring methods, conductors for general wiring, motors, generators, transformers and transformer vaults of the National Electrical Code. The application shall include a statement from a California registered electrical engineer certifying that the electrical system conforms with good engineering practices, complies with the above articles of the National Electrical Code, and will comply with the minimum performance standard of Section 10(1)(b) thereof. The required certification may be supplied by the manufacturer. If the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California registered electrical engineer for compliance with the requirements of the National Electrical Code and good engineering practices. Certification by a California registered electrical engineer may be used to demonstrate conformance with all applicable requirements of the National Electrical Code.

(d)

Rotor Safety. A WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The building permit application shall include a statement by a California registered mechanical engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall certify the compatibility of possible towers and available rotors. Alternately, such certification may be supplied by the manufacturer.

(e)

Tower Access. Tower climbing apparatus shall be no lower than 12 feet from the ground. All towers shall be equipped with a climbing deterrent apparatus at a height no less than ten feet above the ground, which shall prevent direct climbing of the tower from ground level. In addition to the climbing deterrent, safety fencing to prevent unauthorized access to the tower may be required by the planning commission.

(f)

Signs. The generator, alternator or service entrance shall be posted with the following information:

(1)

Maximum power output (kw), rated voltage (volts) and current;

(2)

Normal and emergency shutdown procedures;

(3)

The maximum wind speed the WECS in automatic unattended operation can sustain without damage to structural components or loss of the ability to function normally; and

(4)

Emergency phone numbers.

(g)

Size. This chapter provisionally authorizes a WECS whose swept area is 500 square feet or less. For conventional propeller WECS, the diameter of blade configuration shall not be greater than 25 feet, unless the planning commission finds that the applicant's needs on the site justify a WECS having a greater capacity.

(h)

Height. Notwithstanding any other provisions of this chapter, the maximum allowed total height, including the highest rotor or propeller blade reach, is 100 feet or the distance from the tower base to any adjacent property line, whichever is less. In no case shall the lowest reach of the propeller blade be less than 20 feet from the ground.

(i)

Setback. The WECS shall meet all side, rear and front yard setbacks for the site, as prescribed by zoning regulations.

(j)

Type of Tower and Siting. Only single pole type towers are allowed. Siting must be such as to minimize visual impact. If guy wires are a structural necessity, they shall be attached to the pole at a point not higher than 50 percent of pole height and shall have visual and safety cover below six feet in height above grade at the anchor point. Other than guy wires and climbing deterrent, the tower may not have any ancillary attachments, including, but not limited to, transmitting or receiving antennas or dishes. Tower siting must adhere to the provisions of the hillside and ridgeline preservation regulations, Section 6-2008, relating to the location of structures near major ridgelines.

(k)

Type of Machine. Only upwind-type wind generator rotors are allowed.

(l)

Undergrounding Electrical Lines. Electrical lines serving the WECS shall be installed underground.

(m)

Color and Materials. Colors and materials shall be used to minimize all visual impacts of the WECS to the maximum feasible extent.

(Ord. 278 § 1 (part), 1982)

(a)

The WECS as constructed and operated shall comply with the following minimum performance standards:

(1)

Maintenance and inspection records shall be maintained on the site and shall be made available for inspection by city or county officials upon request.

(2)

No interference with radio or television broadcasting or reception may be caused.

(3)

Maximum allowable sound levels are as follows (see Chapter 5-2 of this code for measurement procedure):

(b)

Applicant must demonstrate that there is sufficient average wind velocity in the dominant wind quadrant successfully to operate the proposed WECS unit.

(c)

The planning commission may impose more stringent performance standards, if it finds that the public health, safety and welfare require more stringent standards.

(Ord. 278 § 1 (part), 1982)

A WECS which has not produced energy for one year for reasons other than lack of wind, may be declared abandoned and the land use permit may be revoked, after notice to the property owner and/or tenant, and after hearing before the planning commission.

(Ord. 278 § 1 (part), 1982)

Contiguous property owners or a planned development project may construct a WECS for use in common, subject to this chapter. In such a case, the planning commission may permit a WECS machine to have a diameter of blade configuration greater than 25 feet, and for the WECS to be located on a lot other than the one it serves.

(Ord. 278 § 1 (part), 1982)

The purpose of this chapter is to establish standards for location, design, placement, permitting, maintenance, and modifications of wireless communications facilities consistent with applicable federal standards. The standards contained in this chapter are designed to:

(a)

Protect and promote public health, safety and community welfare;

(b)

Protect the visual character of the City of Lafayette and minimize potential adverse aesthetic impacts of wireless communications facilities through appropriate design, siting, screening and location standards;

(c)

Protect the environmental resources of Lafayette;

(d)

Implement the goals of the general plan and maintain the semi-rural character and beauty of the city by preserving its open and uncluttered topographic features in their natural state;

(e)

Ensure the availability of competitive, varied and high-quality wireless communications services to the residents, schools, government and businesses of Lafayette;

(f)

Ensure that all wireless communications providers and carriers are treated fairly, without unreasonably discriminating among service providers of functionally equivalent services;

(g)

Streamline the permitting process, while ensuring compliance with all applicable regulations;

(h)

Manage development in and/or use of the public right-of-way in order to minimize disruption to the primary public use and enjoyment of the right-of-way;

(i)

Encourage and facilitate public/private partnerships to improve Lafayette's wireless communications infrastructure;

(j)

Ensure that wireless communications services will serve an effective role in the community's emergency preparedness and response;

(k)

Ensure that properties within the vicinity of wireless communications facilities are not significantly impacted by noise, traffic, aesthetic, or other impacts over which the city has purview;

(l)

Ensure that the city recoups costs from wireless communications providers and/or property owners for any potential liability, damage or adverse impacts caused to the city, public rights-of-way and city property or facilities; and

(m)

Ensure wireless communications facilities are maintained and reviewed on a regular basis to ensure compliance with conditions and development standards.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

"Antenna" means any system of poles, panels, rods, reflecting discs, wires or similar devices used for the transmission or reception of electromagnetic or other similar wireless signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure upon which the antenna is mounted.

(b)

"Co-location" means the mounting of one or more wireless communications facilities, including antennas, on an existing wireless communications facility or utility pole.

(c)

"Enclosure building, shed, or shelter" means a building, shed, fence, or other enclosure used to house equipment associated with a wireless communications facility.

(d)

"Equipment cabinet" means a cabinet used to house equipment associated with a wireless communication facility.

(e)

"Height of a wireless communications facility" means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

(f)

"Federal Communications Commission ("FCC")" is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.

(g)

"Monopole" means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless communication facility.

(h)

"Mount" means to attach, fix, or otherwise place antenna(s) to a structure or building.

(i)

"Public safety facilities" means facilities used only for public safety functions such as police, fire and emergency operations.

(j)

"Radio frequency ("RF")" is a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.

(k)

"Related equipment" means all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, cable, conduit and connectors.

(l)

"Roof-mounted or building-mounted antenna" means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on an existing building, tank or similar structure other than a wireless communications facility.

(m)

"Small cell facility" shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):

(1)

The facility:

(A)

Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or

(B)

Is mounted on a structure no more than ten percent taller than other adjacent structures, or

(C)

Does not extend an existing structure on which it are located to a height of more than 50 feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

(n)

"Significant gap" means a gap in a wireless provider's own personal wireless services that is demonstrably significant based on scientifically valid and reliable data and other substantial evidence.

(o)

"Stealth facility" means any wireless communications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless communications facility.

(p)

"Wireless communications facility" means an unstaffed facility, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

Except for the exemptions outlined in this chapter, the following provisions shall apply to all types of wireless communications facilities within any zoning district, including in the public rights-of-way.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

The zoning administrator, or the designated representatives, may find that certain types of wireless communications facilities are exempt from the requirements of this chapter and do not require a wireless communications facility permit. Exempt facilities shall include:

(a)

Private, noncommercial wireless communications facilities which (1) are contained entirely on-site for the purpose of serving the premises on the site and (2) have no potential visual, noise, or thermal impact, or radio frequency, electromagnetic, or other wireless signal interference on surrounding properties;

(b)

HAM radios;

(c)

Any proposed wireless communications facility used solely for public safety functions is exempt from the requirements of this chapter; and

(d)

Standard or routine maintenance of a wireless communications facility is exempt from the requirements of this chapter.

Each such exempt facility above shall fully comply with any other applicable requirements of the municipal code to the extent not specifically exempted in this section, including, but not limited to, the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, and California Fire Code.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

All wireless communications facilities shall:

(a)

Comply with the following:

(1)

The general plan and any other land use plan, policy and guideline adopted by the City of Lafayette, including, but not limited to, the zoning ordinance, noise ordinance, and adopted specific plans;

(2)

The California Environmental Quality Act (CEQA);

(3)

The Federal Communications Act and all applicable requirements of the Federal Communications Commission and any other governmental agency with jurisdiction over the wireless communications facilities;

(4)

Federal Aviation Administration (FAA) regulations and permit requirements;

(5)

Any applicable public easements, and/or conditions of approval affecting development on any given parcel;

(6)

Human and occupational radio frequency emission standards adopted by the Federal Communications Commission (FCC), which shall include any combined radio frequency levels produced by antennas located on the same parcel in addition to all antennas within the vicinity of the proposed facility; and

(7)

The Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code, Uniform Fire Code and subject to the building permitting process;

(b)

Be an accessory use, secondary to the primary use on a parcel.

(c)

If located in the public right-of-way, be limited to the following types: (1) small cell facilities; (2) modifications that do not substantially change the physical dimensions of an existing wireless tower or base station (pursuant to 47 U.S.C. § 1455(a)); and (3) any other type of facility expressly allowed in the public right-of-way by state or federal law.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

All wireless communications facilities, except those in the public right-of-way, shall conform to the development standards below. Aesthetic standards for wireless communications facilities in the public right-of-way will be set separately through resolution adopted by the city council.

(a)

Permitted Zoning Districts. Wireless communications facilities are permitted in all zoning districts.

(b)

Preferred Sites. The following is a list of preferred locations for wireless communications facilities:

(1)

On a city-owned property (which does not include the public right-of-way) in any zoning district;

(2)

On an existing building or structure in any zoning district except a residential zoning district;

(3)

Within commercial, office, and retail zoning districts;

(4)

Co-located on an existing legal conforming Wireless communications facility.

(c)

Discouraged Sites. The following is a list of discouraged locations for wireless communications facilities:

(1)

Single-family and multi-family residential zones or properties with residential uses;

(2)

Educational facilities.

(d)

Stealth Facilities. Wireless communications facilities located in any of the following locations must be designed as a stealth facility:

(1)

Properties designated as historic landmarks;

(2)

Religious facilities;

(3)

Educational facilities;

(4)

Commercial, office, and retail zoning districts.

(e)

Quantity. Not more than one monopole and one appurtenant above grade equipment cabinet, enclosure, building shed or shelter is permitted on any parcel in a residential zoning district. The city may waive this requirement if the facilities are consolidated and installed immediately adjacent to one another. The city shall also retain the authority to limit the number of antennas and related equipment at any site in any zoning district in order to minimize potential visual, environmental, and operational impacts.

(f)

Setbacks. All components of new wireless communications facilities must comply with the setback and yard requirements for the applicable zoning district. Depending upon specific site constraints and circumstances, the city may choose not to apply this requirement to antennas proposed to be co-located on existing monopoles or utility poles (e.g., microcell sites), nor to underground equipment, if it would preclude use of the proposed site. No portion of any wireless communications facility shall overhang a property line. This restriction shall apply to any portion of any antennas as they rotate or are in a fixed position.

(g)

Equipment Size. Antennas and related equipment shall be the smallest and least visible size feasible.

(h)

Vertical Clearance. Wireless communications facilities, including antennas and pole-mounted equipment, located within or adjacent to the public right-of-way or access easement shall have at least a vertical clearance of 14 feet and six inches on the street side and ten feet on the opposite side (away from the street). Ground-mounted equipment is exempt from this development standard.

(i)

Underground. Any equipment that is not installed underground shall be screened by structures, topography, or vegetation to the maximum extent feasible, as determined by the hearing authority. The city prefers that all equipment be placed underground to the maximum extent feasible, excluding antennas, remote radio units, surge protectors, and other pole-mounted equipment necessitating exposure.

(j)

Cables and Conduit. Coaxial cables, conduit lines and electrical boxes for ground-mounted antennas shall be placed underground or within approved structures. Coaxial cables and conduit lines for roof-mounted or building-mounted antennas shall be placed or camouflaged to minimize their visual impact to the maximum extent feasible.

(k)

Building Design. Roof-mounted or building-mounted antennas shall be in scale and architecturally integrated with the building design to appear visually unobtrusive. Screening may include locating the facility within existing steeples and towers or within a new architectural addition to a building or structure, which is architecturally compatible with the building.

(l)

Artificial Natural Features. No artificial trees, rocks, or similar natural features are permitted.

(m)

Public Art. Applicants are encouraged to design wireless communications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts.

(n)

Colors and Materials. Unless otherwise required by city, county, state or federal rules or regulations, wireless communication facilities shall have a non-reflective finish and shall be painted a neutral color consistent with the predominant background color, as determined by the hearing authority.

(o)

Lighting. Unless otherwise required by applicable Federal rules or regulations, no wireless communications facility shall propose new exterior lighting, except as required by the Uniform Building Code, Uniform Electrical Code, for emergencies, or to replace and upgrade existing lighting.

(p)

Signage. The facilities shall not bear any signage, other than certification, warning, information, safety, and directional signage, or other non-commercial signage required by law or expressly permitted by the city. Sign copy shall not include identification of the wireless provider, except where required by law.

(q)

Tree and Landscape Preservation. Wireless communications facilities shall be installed in a manner so as to preserve existing protected trees and landscaping, as defined in Section 6-1702(p) LMC, whether or not it is utilized for screening.

(r)

Site Disturbance. Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility.

(s)

Access. No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act or otherwise obstruct access.

(t)

Security. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

The planning commission, the zoning administrator, or the designated representatives are authorized to approve, approve subject to conditions, or deny applications for wireless communications facilities. The review process may be incorporated as part of a specific larger development project, provided that the process and applicable standards are in accordance with the provisions of this chapter. The planning commission, the zoning administrator, or the designated representatives are also authorized to grant exceptions, to the minimum extent necessary, any provision of this chapter or the related design standards to avoid violating applicable laws or, within the meaning of federal law, prohibiting or effectively prohibiting the provision of personal wireless services.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

All wireless communications facilities not specifically exempted from these regulations in accordance with this chapter are subject to the following permitting requirements:

(a)

Minor Wireless Communications Facility Permit. The zoning administrator shall be the hearing authority for a Minor Wireless Communications Facility Permit. Wireless communications facilities that meet all of the following applicable standards of this subsection require Minor Wireless Communications Facility Permit approval:

(1)

The proposed wireless communications facility meets one or more applicable "preferred sites" criteria;

(2)

The proposed wireless communications facility presents no visual impact, is completely hidden from the right-of-way, is built below a parapet, or is fully screened and/or mitigated with a stealth design;

(3)

The proposed wireless communications facility meets the setback, yard area, and height limitations required in the zoning district;

(4)

The proposed wireless communications facility meets all applicable design and development standards of this chapter; and

(5)

If the proposed wireless communications facility includes equipment cabinets, then the cabinets are placed underground or shielded from view as deemed appropriate by the zoning administrator.

(b)

Major Wireless Communications Facility Permit. As determined by the planning manager, a proposed wireless communications facility that is not a minor wireless communications facility, requires a Major Wireless Communications Facility Permit. The planning commission shall act upon all Major Wireless Communications Facility Permits. A Major Wireless Communications Facility Permit shall be required for the following wireless communications facilities:

(1)

Requests pursuant to Section 6-1515 for a permit for an existing wireless communications facility;

(2)

Wireless communications facilities located in a residential zoning district;

(3)

Wireless communications facilities exceeding the height limitation required in the zoning district;

(4)

New wireless communications facilities that are not a minor wireless communications facility;

(5)

Wireless communications facilities visible from the right-of-way and requiring mitigation of visual or aesthetic impacts; and

(6)

Any new wireless communications facility intended to include co-location facilities that meet the requirements of Government Code Section 65850.6.

(c)

Modification to Approved Wireless Communications Facility. For approved wireless communications facilities located outside the public right-of-way, the zoning administrator is responsible for determining whether a modification to an approved wireless communications facility is a minor or major modification. All modifications to approved wireless communications facilities require a change of conditions application, except for modifications to wireless communications facilities in the public right-of-way.

(1)

Minor Modification. Any proposed modification determined to be in substantial compliance with the original approved project may be approved administratively if it meets one or more of the following applicable criteria:

(A)

Modifications are consistent with the requirements of this chapter;

(B)

Complies with the applicable standards of a Minor Wireless Communications Facility Permit;

(C)

Maintains design concept of the original permit;

(D)

Modifications result in an insignificant revision to the floor plan, physical details, or site layout;

(E)

Color or material modifications consistent with the original permit;

(F)

Minor landscape modifications;

(G)

Modifications to bring facility in compliance with Federal Communications Commission requirements; or

(H)

Any co-location facility that meets the requirements of Government Code Section 65850.6.

(2)

Major Modification. If the application does not meet the criteria to be considered a minor modification, then it shall be considered a major modification. Additionally, all requests pursuant to Section 6-1515 for a permit for an existing modification to a wireless communications facility are considered a major modification. Major modifications shall be evaluated by the planning commission, based on the findings outlined in Section 6-1512.

(3)

Modification to a Wireless Communications Facility in the Public Right-of-Way. Any proposed modification to a Wireless communications facility in the public right-of-way requires the submission of a Wireless Encroachment Permit application. Such modifications shall be evaluated by the zoning administrator, based on the findings outlined in Section 6-1512(c).

(d)

Extension of an Approved Wireless Communications Facility Permit. Property owner(s) or wireless providers may submit a change of conditions application to extend the timeframe of the Wireless Communications Facilities Permit. Section 6-1508(d) does not apply to a Wireless Encroachment Permit application. The request shall be filed at least 30 days prior to the expiration of the permit. All requests filed less than 30 days prior to, or after, the expiration of the permit will be treated as a request for a new Wireless Communications Facilities Permit rather than a change of conditions application. Timely extension requests shall be evaluated by the original hearing authority that previously took action on the project. Public notice shall be provided pursuant to Section 6-1510(d). A representative of the project will be expected to attend any required hearing. The hearing authority may approve, approve subject to conditions, or deny the extension request.

(e)

Exception. An applicant for a wireless communications facility may include in its application a request for an exception to the development standards established pursuant to this chapter. The Planning commission shall be the hearing authority for all exception requests, except for those regarding wireless communications facilities in the public right-of-way. The zoning administrator is the decision-making authority for exception requests related to wireless communications facilities in the public right-of-way.

(f)

Building or Electrical Permit. All antennas and antenna structures shall require a building or electrical permit and/or electrical permit.

(g)

Wireless Encroachment Permit. The zoning administrator shall be the reviewing and decision-making authority for a Wireless Encroachment Permit, which is required for installations of new, or modifications to existing, wireless communications facilities in the public right-of-way.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

For purposes of this section, the following definitions shall apply:

(1)

"Wireless tower" means any structure built for the sole purpose of supporting antennas and their associated facilities used to provide wireless services licensed by the FCC. A water tower, utility tower, utility pole, street light, building or other structure built primarily for any purpose other than supporting antennas and their associated facilities used to provide FCC-licensed wireless services, including any structure installed pursuant to California Public Utility Code Section 7901, is not a wireless tower for purposes of this section, even if the city has authorized installation of an antenna or a wireless telecommunications facility on such a structure or permitted replacement of such a structure with a modified structure that may also accommodate antennae or wireless telecommunications facilities (such as street light replacement poles with antennae or wireless telecommunications facilities where the primary purpose of the structure remains as a street light).

(2)

"Base station" means the power supplies, electronic equipment, and antennas at an existing wireless tower site that together comprise a wireless telecommunications facility for purposes of this section.

(3)

"Substantially change the physical dimensions" means that the modification of an eligible support structure meets any of the following criteria:

(A)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

i.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(B)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(C)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

(D)

It entails any excavation or deployment outside the current site;

(E)

It would defeat the concealment elements of the eligible support structure; or

(F)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Section 5-1509(a)(3)(i) through (iv).

(b)

Pursuant to P.L. 112-96, Sec. 6409, codified as 47 U.S.C. § 1455(a), and notwithstanding any provision of this chapter to the contrary, a request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of such wireless tower or base station shall be approved, conditionally approved, or denied in accordance with the applicable procedures set forth in Chapter 6-1508(c)(1) for a minor modification, as modified by this section.

(c)

Any proposed modification to an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that substantially changes the physical dimensions of either the wireless tower or base station, or any modification of any wireless telecommunications facility that does not qualify as an existing wireless tower or base station as defined herein, shall be subject to the requirements for a major modification, as set forth in Section 6-1508(c)(2).

(d)

Any proposed modification to an existing wireless tower or base station located in the public right-of-way shall be subject to the requirements for a modification to a wireless communications facility in the public right-of-way, as set forth in Section 6-1508(c)(3), based on the findings outlined in Section 6-1512(c).

(e)

A request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of such wireless tower or base station shall be approved if the hearing authority finds that the proposed modifications:

(1)

Do (does) not substantially change the physical dimensions of either a wireless tower or base station; and

(2)

Based on information provided, is in compliance with all FCC and CPUC requirements, and is not otherwise detrimental to public safety, community welfare, and health, considering aspects over which the city has purview; and

(3)

Comply with the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code, Uniform Fire Code and subject to the building permitting process.

(f)

In addition to any other application requirements under Chapter 6-15, each application submitted under this section shall be accompanied by:

(1)

A detailed description of the proposed modifications to the existing wireless tower and/or base station;

(2)

A photograph or graphic depiction of the wireless tower or base station as originally constructed under the initial permit, if available, and, a photograph of the existing wireless tower or base station, and a graphic depiction of the wireless tower or base station after the proposed modification, showing all relevant dimensions; and

(3)

A description of all construction that will be performed in connection with the proposed modification.

(g)

Nothing in this section shall be deemed to require the city to issue a permit pursuant to this provision as a matter of local law. Nothing in this section prevents the city from imposing such other conditions on the grant of the permit (including by way of example and not limitation time limits on the permit, shielding requirements, coloring, marking requirements, or construction requirements) consistent with obligations imposed with respect to the initial installation or with respect to facilities similar to those proposed by applicant.

(h)

This section is adopted to comply with P.L. 112-96, Section 6409. This section shall become null and void if P.L. 112-96, Section 6409, is rescinded. The city further reserves the right to raise all issues or assert any defenses in response to a challenge asserted under P.L. 112-96, Section 6409, including challenges to the constitutionality or validity of that Federal legislation.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

Application. An application for a Minor or Major Wireless Communications Facility Permit or for a change of conditions for an existing Minor or Major Wireless Communications Facility Permit shall be filed with the planning services division on a form prescribed by the city together with the required fee, and application information. An application for a Wireless Encroachment Permit shall be filed with the planning department on a form prescribed by the city together with the required fee and application information.

(b)

Hearing Authority. The zoning administrator shall be the hearing authority for a Minor Wireless Communications Facility Permit. If neighborhood interest is identified based on comments received in response to public notice, the zoning administrator may require a public hearing for a Minor Wireless Communications Facility Permit. The planning commission shall be the hearing authority for a Major Wireless Communications Facility Permit. All Major Wireless Communications Facility Permits require a public hearing.

The zoning administrator may refer a Minor Wireless Communications Facility Permit to the design review commission or planning commission for review and action. Wireless Encroachment Permit applications may not be subject to any public hearing requirement.

(c)

Peer Review. The city may retain a qualified outside consultant to assist staff in review of applications and in monitoring compliance with existing permits, and may refer Major Wireless Communications Facilities Permits to such consultant to assess the application, specifically the radio frequency exposure report, coverage maps, and alternative site analysis. The applicant is responsible for all fees incurred with the peer review.

(d)

Public Notice. If a public hearing is required, then notice of a public hearing on an application shall be given in the same manner as the notice for a variance as prescribed in Section 6-211.

If a public hearing is required only on the determination of the zoning administrator, a notice of a pending application shall be mailed to all property owners within 300 feet of the subject property. When applicable, the notices shall include the following information:

(1)

Description of the proposed wireless communications facility;

(2)

Location of the proposed wireless communications facility;

(3)

Date by which public comments regarding the application shall be submitted for consideration;

(4)

Date of the scheduled public hearing or date that the zoning administrator shall make a determination on the application; and

(5)

Appeal rights as described in Section 6-1514.

(e)

Determination. Within 60 days of determining that an application is complete, the Planning commission, the zoning administrator, or the designated representatives may approve, approve subject to conditions, or deny an application for wireless communications facilities, unless the wireless provider and the city mutually agree to an extension of up to 90 days or State or Federal law allows for additional time. The hearing authority when approving or denying an application for a wireless communications facility shall adopt written findings of fact. Applications for Wireless Encroachment Permits are exempt from Section 6-1510(e).

(f)

Imposition of Conditions. The hearing or reviewing authority may impose conditions of approval if it determines that the conditions are necessary to carry out the purpose and intent of this chapter.

(Ord. No. 674, § 2 (exh. A), 4-8-2019; Ord. No. 613, § 2(exh. A), 12-10-2012)

An application for which a permit is required by this Chapter, other than applications for Wireless Communications Facilities in the public right-of-way, shall be accompanied by copies (in a quantity specified by the Planning Manager) of site plans, diagrams, photographs and photo-simulations of the proposed Wireless Communications Facility, radio frequency reports and cumulative impact analysis of the proposed facility and other Wireless Communications Facilities, coverage maps, and a needs report addressing how the proposed Wireless Communications Facility is technically necessary to address current demand and technical limitations of the wireless provider's system within the area, including, if applicable, technical evidence regarding significant gaps in the wireless provider's coverage, and alternative site analysis, demonstrating that there are no less intrusive means to close that significant gap, site security and maintenance plans, noise and acoustical information, the proposed property lease for the site or evidence establishing the applicant's right to enter the public right-of-way, and other presentation materials as may be necessary for complete review and consideration of the proposed project. The application shall include information set forth in a policy adopted by the City Council and additional information which may be reasonably required by the Planning Manager. Applications to install or modify Wireless Communications Facilities in the public right-of-way must contain information required by the Wireless Encroachment Permit application form published and, from time to time, amended by the City.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

A Wireless Communications Facilities Permit or a modification or change of conditions to an approved Wireless Communications Facility, other than those in the public right-of-way, may be granted when the hearing authority finds that the proposed facility:

(1)

Is consistent with the General Plan and each element of it and will not adversely affect the policies and goals set forth therein;

(2)

Strictly adheres to the development standards and other applicable regulations within this Chapter or, if applicable, an exception is granted;

(3)

Based on information provided, is in compliance with all FCC and CPUC requirements, and is not otherwise detrimental to public safety, community welfare, and health, considering aspects over which the City has purview;

(4)

Will not create a nuisance or enforcement problem within the neighborhood;

(5)

Incorporates general site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements that provide a desirable environment for the development;

(6)

Incorporates general architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and similar elements that ensure the compatibility of this development with other buildings and structures on the subject property and adjacent properties, as well as each element being consistent with the architectural style of the building or structure;

(7)

Incorporates general landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements that ensure visual relief, including appropriate visual screening;

(8)

Is designed to blend with the surrounding environment, with minimal visual impact;

(9)

Will not have a significant adverse impact on the use of the public right-of-way or City-owned property, including but not limited to, the safe movement and visibility of vehicles and pedestrians; and

(10)

Is designed, sited, and will be operated in a manner that does not adversely impact adjacent properties by noise, traffic, aesthetic, or other impacts over which the City has purview.

(b)

The Planning Commission may grant an exception to any requirement of this Chapter if in addition to the standard findings for a Wireless Communications Facilities Permit required by Section 1512(a), it also makes the following finding:

The applicant has demonstrated and confirmed that the Wireless Communications Facility is necessary to close a significant gap in the wireless provider's personal wireless service, and there is no less intrusive means to close that significant gap that more closely meets the purpose, intent, and findings of this Chapter.

(c)

The required findings for Wireless Encroachment Permit applications are as follows:

(1)

Except for eligible facilities requests, the Zoning Administrator shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

(i)

The facility is not detrimental to the public health, safety, and welfare;

(ii)

The facility complies with this Article and all applicable design and development standards; and

(iii)

The facility meets applicable requirements and standards of state and federal law.

(2)

For eligible facilities requests, the Zoning Administrator shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

(i)

That the application qualifies as an eligible facilities request; and

(ii)

That the proposed facility will comply with all generally-applicable laws.

(3)

The Zoning Administrator may grant an exception to any requirement of this Chapter, and the associated design standards, for Wireless Communications Facilities in the public right-of-way if in addition to the applicable standard findings for a Wireless Encroachment Permit required by Sections 1512(c)(1)-(2), it also makes the following findings:

(i)

Enforcement of the requirement or standard would violate applicable laws or, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services; and

(ii)

The exception is narrowly-tailored to minimize deviation from the City Code.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

The hearing or reviewing authority may impose conditions of approval if it determines that the conditions are necessary to carry out the purpose and intent of this Chapter. At a minimum, the hearing or reviewing authority shall impose the following conditions:

(a)

Timeframe: The permit shall expire ten-years from the date of approval, unless the permit is renewed by the City. The Wireless Communications Facility must be removed upon the expiration of the Wireless Communications Facility Permit.

The approval shall expire one year from the approval date unless a building or electrical permit has been issued for the project. The Planning and Building Services Manager may extend the period to exercise the permit for up to one additional year upon a showing of good cause, if such request is received in writing prior to the expiration date.

(b)

Administrative Review: The Wireless Communications Facility is subject to administrative review at three-year intervals, starting from the final inspection by Lafayette's Planning and Building Services Division or at any other earlier time if a good case exists, where the Zoning Administrator or the designated representative will evaluate the facility to ensure continued compliance with conditions of approval and all other applicable regulations. The property owner(s) or permittee shall submit an application form, letter requesting administrative review, current radio frequency emissions report, contact information of all parties responsible for maintaining the facility, photo documentation of the facility, inventory of all equipment associated with the facility, and as-built plans of the facility. Materials shall be submitted within 30 days of the three, six, and nine year anniversaries of the final inspection. The property owner(s) or permittee shall reimburse the City for staff time associated with the review, based on the hourly rate adopted by the City Council. The City shall notify in writing the property owner(s) and permittee about any compliance concerns and the appropriate remedies within 60 days of filing the administrative review application. Failure to comply with the requirement for administrative review may result in revocation of the permit pursuant to the revocation procedures outlined in Section 6-252.

The permittee is encouraged, at the time of each administrative review, to review the design of the Wireless Communications Facility and make voluntary upgrades to the facility for the purpose of improving safety and decreasing visual obtrusiveness.

(c)

Other Approvals: The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the Wireless Communications Facility in conformance with Federal, State, and local laws, rules, and regulations.

(d)

Modifications: No changes shall be made to the approved plans or color and materials without review and approval by the Planning Services Division and/or appropriate commissions as determined by the Planning and Building Services Manager.

(e)

Facility Maintenance: All Wireless Communications Facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as is practicable, and in no instance more than ten calendar days from the time of notification by the City or after discovery by the permittee. All of the Wireless Communications Facility equipment must be removed upon the expiration of the permit approval and/or when no longer in operation, whichever occurs first.

(f)

Performance and Maintenance Agreement: The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the City. The terms of the agreement shall: (a) ensure compliance with this Chapter and all applicable conditions of approval, (b) require the facility to be appropriately maintained, (c) ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans, and (d) require the property owners to defend, indemnify, and hold harmless the City of Lafayette, pursuant to Section 6-1513(p). The agreement shall be signed and notarized and submitted to the Planning Services Division to be recorded against the property when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

(g)

Performance Bond: Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 150 percent of the cost of physically removing the Wireless Communications Facility and all related facilities and equipment on the site, based on the higher of two contractor's quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.

(h)

Construction and Maintenance Hours: The permittee shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project is restricted to the hours between 8:00 a.m. and 6:00 p.m., Monday through Saturday. No noise-generating construction work shall be performed on Sundays or national holidays. Non-emergency maintenance is restricted to the hours between 8:00 a.m. and 6:00 p.m., Monday through Friday. No noise-generating maintenance work shall be performed on Saturdays, Sundays, or national holidays. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a Stop Work Order or administrative citations.

(i)

RF Emission Monitoring: Wireless communications facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission.

Within one month after construction of the Wireless Communications Facility and annually thereafter, the property owner(s) or permittee shall submit a current RF exposure report, prepared by a professional engineer to the Planning Services Division, to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure. In the event of an increase over accepted levels is detected, the permittee shall be responsible for immediately making the necessary adjustments to comply with FCC standards; otherwise revocation proceedings shall immediately begin.

(j)

Height Verification: The property owner(s) or permittee shall submit a certification letter from a California certified land surveyor or registered civil engineer, which verifies that structure height complies with the approved construction drawings.

(k)

Conflicts with Improvements: For all Wireless Communications Facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its Wireless Communications Facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

(l)

Encourage Co-Location: Where the wireless communication facility site is capable of accommodating a co-located facility upon the same site, the owner and operator of the existing facility shall allow another carrier to co-locate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

(m)

City Access: The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing Wireless Communications Facility elements.

(n)

Contact Information: The permittee shall maintain on file with the City and onsite at the Wireless Communications Facility contact information of all parties responsible for maintenance of the facility.

(o)

Additional Conditions: Any approved Wireless Communication Facility within a public right-of-way shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Engineering Services Division or Public Works to: (a) protect the public health, safety, and welfare; (b) prevent interference with pedestrian and vehicular traffic; or (c) prevent damage to a public right-of-way or any property adjacent to it.

(p)

Indemnification: The permittee and property owner shall defend, indemnify and hold harmless the City of Lafayette, its agents, officers, officials, and employees (i) from all claims, demands, law suits, writs of mandamus, and other actions or proceedings (collectively "Actions") brought against the City or its agents, officers officials, or employees to challenge, attack seek to modify, set aside, void or annul this approval, and (ii) from any damages, liabilities, claims, suites, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or the land owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors, pursuant to the approval issued by the City. Further, permittees shall be strictly liable for interference caused by their Wireless Communications Facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the property owner and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonable withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

A final decision of the Zoning Administrator or Planning Commission to approve, approve with conditions, or deny an application for a permit, other than a Wireless Encroachment Permit, is subject to the right of appeal or reconsideration in the manner set forth in Chapter 6-2, Article 3, Sections 6-225 through 6-238. A final decision of the Zoning Administrator regarding an application for a Wireless Encroachment Permit is subject to the appeal process set forth below in Section 6-1514(a).

(a)

Appeals for a Wireless Encroachment Permit:

(1)

Any person adversely affected by the decision of the Zoning Administrator regarding a Wireless Encroachment Permit may appeal the decision to the City Manager, which may decide the issues de novo, and whose written decision will be the final decision of the City. Any appeal shall be conducted so that a timely written decision may be issued in compliance with any legally-required deadline.

(2)

All appeals must be filed within two business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may not be granted where an extension would result in approval of the application by operation of law.

(3)

An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.

(4)

If the Zoning Administrator determines that an application must be approved because a denial would result in a prohibition or effective prohibition under applicable federal law, the Zoning Administrator shall not render a decision on the application, but instead shall refer the application directly to the City Manager for review and decision, whose review shall be conducted in accordance with paragraph (1) of this subsection.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

Existing Uses or Structures: All existing Wireless Communications Facilities that have all proper use permits, building or electrical permits, encroachment permits, and other entitlements approved by the City as of the effective date of this Chapter shall be allowed to continue as they presently exist and will be considered legal non-conforming or legal conforming facilities, as the case may be. All existing Wireless Communications Facilities that do not qualify as legal non-conforming or legal conforming facilities pursuant to the foregoing sentence as of the effective date of this Chapter shall be subject to the requirements of this Chapter. All new construction, other than routine maintenance on existing Wireless Communications Facilities, shall comply with the requirements of this Chapter.

Any discretionary planning approval in effect as of the effective date of this Chapter shall only remain in effect until it expires, is abandoned or revoked in accordance with the provisions of this Chapter.

(b)

Changes in Federal or State Regulations: All Wireless Communications Facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless communications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with new standards within 90-days of the effective date of such standards, unless the Federal or State agency mandates a different compliance schedule. Changes to approved projects are subject to the Modification to Approved Wireless Communications Facility process, pursuant to Section 6-1508(c) ND 1509, in accordance with this Chapter.

Failure to comply with adopted new State or Federal requirements shall trigger the revocation procedure as outlined in Section 6-1516(b).

(Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

Periodic Post-Approval Review: Periodic review of Wireless Communications Facilities shall be provided in the following manner:

(1)

Review of Minor Permits and Wireless Encroachment Permit: The Wireless Communications Facility is subject to administrative review at three-year intervals, starting from the final inspection by Lafayette's Planning and Building Services Division, or at any other earlier time if good cause exists, to ensure compliance with conditions of approval and all other applicable regulations. The permittee shall submit a written report, photographs, and an updated radio frequency emissions compliance report, demonstrating compliance with the terms and conditions of approval, which shall be certified by the manager.

(2)

Review of Major Permits: The Wireless Communications Facility is subject to administrative review at three-year intervals, starting from the final inspection by Lafayette's Planning and Building Services Division, or at any other earlier time if good cause exists, to ensure compliance with conditions of approval and all other applicable regulations. The permittee shall submit a written report, photographs, and an updated radio frequency emissions compliance report, demonstrating compliance with the terms and conditions of approval. The manager shall place the matter as a consent item on the Planning Commission agenda to certify whether the facility remains in compliance with the terms and conditions of approval.

(b)

Revocation of Permit: If the terms and/or conditions of a permit for a Wireless Communications Facility are violated, the permit may be revoked pursuant to the revocation procedures outlined in Section 6-252.

(c)

Termination: The Wireless Communications Facility shall be removed within 30 calendar days of the discontinuation of the use of the Wireless Communication Facility and the site shall be restored to its previous condition. The permittee shall provide the Planning and Building Services Division with a notice of intent to vacate the site a minimum of 90 calendar days prior to vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner(s) and permittee shall be responsible for removal of the Wireless Communications Facility within 90 calendar days of the discontinuation of the use. If the use of a permitted Wireless Communications Facility is discontinued for any reason for a period of 90 calendar days, the permit shall be void and the use shall not be resumed. The Planning Manager or the designated representative may extend the aforementioned time limits, based upon emergencies, anticipated regulation changes, or other substantiated reasons at his or her full discretion.

(d)

Removal: If a permit under this Chapter is revoked, expired, or otherwise becomes void, the Wireless Communications Facility should be removed from the site, and the site shall be restored to its original, preconstruction condition. Facilities on City-owned shall include said removal requirement within the terms of the lease.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

The City shall compile and maintain a map and inventory of Wireless Communications Facilities within the City and shall make the information readily available to the public. The facilities mapped shall include those which were subject to discretionary review process of this Chapter and were ultimately approved and constructed.

Facilities approved and installed prior to the adoption of this Chapter will be included in said map to the best of staff's knowledge. It is the responsibility of the wireless providers to inform the City of their pre-existing facilities and any changes in the wireless provider's status including name, ownership, and whether the Wireless Communications Facility has been discontinued.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

Should any section, paragraph, sentence, clause, or phrase of this Article or its application to any person or circumstance be determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid or void, or should any portion of this article be preempted by state or Federal law or regulation, such court decision or preemption shall not affect the validity of the remaining portions of this article or its application to other persons and circumstances, and to that end, the provisions of this Chapter are severable.

(Ord. No. 613, § 2(exh. A), 12-10-2012)

(a)

Findings. The city council finds that:

(1)

Preservation of trees enhances natural scenic beauty, increases property values, encourages quality development, aids in tempering the effects of extreme temperatures, helps to reduce air and noise pollution, furnishes habitat for wildlife, and gives Lafayette an identity and quality that enhances the environment for all residents and the business community.

(2)

In order to promote the public health, safety and welfare, it is necessary to protect existing trees and require the replacement of trees that have been destroyed, removed, or extensively pruned.

(3)

Protected trees are valuable assets to the city and the community, and the public shall be compensated whenever a protected tree is destroyed, removed, or extensively pruned in a manner that is not in compliance with this chapter.

(b)

Purpose. The purposes of this chapter are to:

(1)

Implement policies of the City of Lafayette General Plan, Downtown Street Improvement Master Plan, Downtown Specific Plan, and Downtown Creeks Preservation, Restoration and Development Plan.

(2)

Provide clear standards for the protection, removal, and replacement of trees on private property and in public rights-of-way.

(3)

Protect existing woodlands and associated vegetation, protect native trees, preserve riparian habitat, encourage the planting of appropriate species, and avoid the unnecessary cutting of mature trees.

(4)

Prevent unnecessary loss and minimize damage from improper tree pruning.

(5)

Establish vegetation management practices that reduce the risk of wildfire ignition and spread. Establish defensible space for new and existing buildings.

(6)

Encourage the planting of replacement trees that are well-adapted to the climate and conditions in Lafayette, well-suited to their specific location, and spaced to promote healthy tree growth and to be consistent with defensible space guidelines.

(7)

Effectively enforce tree protection regulations and avoid unpermitted removal, destruction, or extensive pruning of protected trees.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

In this chapter, unless the context otherwise requires, the following terms shall have the following meanings:

(a)

"Arborist" is a person having one of the following qualifications:

(1)

Current listing as a certified arborist by the International Society of Arboriculture; or

(2)

Current American Society of Consulting Arborists registered consulting arborist.

(b)

"Arborist report" means a report by an arborist developed in a manner consistent with the guidelines for report writing established by the American Society of Consulting Arborists and including, at a minimum, the following information:

(1)

Description of the tree's location, genus, species, diameter and dripline;

(2)

Health and condition of the tree, including existing hazards to the tree;

(3)

Potential impact of development on the tree or existing tree condition;

(4)

Evaluation of preservation potential based on the tree's existing condition and in relation to any potential development; and

(5)

Recommendations for protection and preservation techniques and requirements, including restorative or other remedial actions that might be feasible to maintain and improve tree health or to assure survival.

(c)

"City landscape consultant" means a person employed or retained by the city to advise the city on forestry and landscape matters.

(d)

"Commercial zoning district" means business and commercial districts, as further described in Chapter 6-9 of the Lafayette Municipal Code (LMC).

(e)

"Construction" means the act of placing, erecting, modifying or relocating a structure or the act of preparing property for such work, including clearing, stockpiling, trenching, grading, compaction, paving, or change in ground elevation.

(f)

"Creek" shall mean a creek shown on the city geographic information system (GIS) map.

(g)

"Dead tree" means a tree that is no longer alive or is in an advanced state of decline in which an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life.

(h)

"Defensible space" means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas, as defined in California Government Code Section 51177. "Defensible space" also means a buffer between buildings or structures and plants, brush, trees, or other combustible material that could ignite in the event of a fire. The creation of defensible space involves the selection, location, spacing, and maintenance of vegetation and other combustible material in zones around a building or structure. Defensible space zones include:

(1)

Zone Zero. The horizontal area within the first five feet around a building and any attached decks or stairs, as well as the area under attached decks and stair landings.

(2)

Zone One. The horizontal area extending from five to 30 feet from the perimeter of a building and any attached decks or stairs.

(3)

Zone Two. The horizontal area extending from 30 to 100 feet from the perimeter of a building and any attached decks or stairs.

(i)

"Destroy" means an action that kills or endangers the health or vigor of a tree, and includes removal, relocation, excessive or improper pruning, topping, grading, irrigation, application of chemicals, trenching within the drip line or protected perimeter, soil compaction within the protected perimeter, or damage caused to the trunk or primary limbs during construction.

(j)

"Developed property" means an existing lot of record that has an existing building, as defined in Section 6-312, Definitions, built with a legally issued building permit.

(k)

"Development application" means an application to subdivide, alter, develop or use a property that, if approved, will require the issuance of a development permit, including a building or grading permit.

(l)

"Diameter" or "diameter at standard height (DSH)" means the distance across a tree from outside bark to outside bark, measured at four and one-half feet above the natural grade. For multi-trunk trees, the diameter is determined by measuring all the trunks, then adding the diameter of the largest trunk to one-half the diameter of each additional trunk.

(m)

"Director" means the planning and building department director or the director's designee.

(n)

"Dripline area" means the area surrounding a tree trunk whose outer perimeter is defined by the length of the outermost branch tips, and which extends vertically to below the ground.

(o)

"Excluded species" means a tree species that is invasive, fire-prone, or otherwise undesirable to protect and retain. Excluded tree species are the following:

(1)

Acacia (Acacia spp.);

(2)

Arborvitae (Thuja spp.);

(3)

Bald cypress (Taxodium distichum);

(4)

Cypress (Cupressus spp.);

(5)

Dawn redwood (Metasequoia glyptostroboides);

(6)

Douglas fir (Pseudotsuga menziesii);

(7)

Eucalyptus (Eucalyptus spp.);

(8)

False cypress (Chamaecyparis spp.), except dwarf;

(9)

Hemlock (Tsuga spp.);

(10)

Japanese Cedar (Cryptomeria japonica);

(11)

Palms (entire palm family);

(12)

Pepper tree (Schinus spp.);

(13)

Pines (Pinus spp), except dwarf mugo (Pinus mugo);

(14)

Red shanks (Adenostama sparsifolium);

(15)

Spruces (Picea spp.);

(16)

Tree of heaven (Ailanthus altissima);

(17)

Yew (Taxus spp.), except dwarf.

(p)

"Extensively prune" means to remove more than 25 percent of the functioning leaf, stem or root area of a tree within a two-year period. "Extensively prune" also includes improper pruning, which employs techniques that result in negative physiological or structural impacts on the tree, such as topping.

(q)

"Major tree removal project" means a request for a tree permit by a public or private entity, utility company, or individual that may potentially result in the removal, destruction, or extensive pruning of more than 25 protected trees on public and/or private property from one or more associated projects either in one occurrence or multiple occurrences over the span of five years.

(r)

"Native riparian species" or "riparian species" means a tree that is indigenous to a riparian habitat along a perennial or intermittent creek, stream or other watercourse and that is within 30 feet of the top of a creek bank. For the purposes of this chapter, "native riparian species" of trees shall include:

(1)

Arroyo willow (Salix lasiolepis);

(2)

Bigleaf maple (Acer macrophyllum);

(3)

Black walnut (Juglans hindsii);

(4)

Blue elderberry (Sambucus Mexicana, aerulea, or glauca);

(5)

Boxelder (Acer negundo);

(6)

California bay (Umbellularia californica);

(7)

California buckeye (Aesculus californica);

(8)

Coast live oak (Quercus agrifolia);

(9)

Cottonwood (Populus fremontii);

(10)

Red willow (Salix laevigata);

(11)

Valley oak (Quercus lobata);

(12)

White alder (Alnus rhombifolia).

(s)

"Native species" means a tree indigenous to a Lafayette oak woodland, chaparral, grassland or riparian habitat. For the purposes of this chapter, "native species" shall include:

(1)

Black oak (Quercus kelloggii);

(2)

Blue oak (Quercus douglasii);

(3)

California bay (Umbellularia californica);

(4)

California buckeye (Aesculus californica);

(5)

Canyon oak (Quercus chrysolepis);

(6)

Coast live oak (Quercus agrifolia);

(7)

Cork oak (Quercus suber);

(8)

Interior live oak (Quercus wislizenii);

(9)

Madrone (Arbutus menziesii);

(10)

Oregon white oak (Quercus garryana);

(11)

Valley oak (Quercus lobata).

(t)

"Protected tree" means a tree that is protected by Section 6-1704(b) of this chapter.

(w)

"Prune" means the removal of tree parts. See also "extensively prune."

(x)

"Recommended species" means a native or nonnative tree species that is well suited to the climate and conditions in Lafayette. Recommended tree species include the following, with riparian species marked with an "(R)":

(1)

Large (canopy-level):

(A)

Bigleaf maple (Acer macrophyllum) (R);

(B)

Black oak (Quercus kelloggii);

(C)

Blue oak (Quercus douglasii);

(D)

Box elder (Acer negundo) (R);

(E)

Coast live oak (Quercus agrifolia);

(F)

Engelmann oak (Quercus engelmannii);

(G)

Fremont cottonwood (Populus fremontii) (R);

(H)

Island oak (Quercus tomentella);

(I)

Oregon white oak (Quercus garryana);

(J)

Pacific madrone (Arbutus menziesii) (R);

(K)

"Roberts" western sycamore (Platanus racemosa) (R);

(L)

Shreve oak (Quercus parvula var. shrevei);

(M)

Valley oak (Quercus lobata);

(N)

Western sycamore (Platanus racemosa) (R);

(O)

White Oak (Quercus alba).

(2)

Medium (midstory):

(A)

Bitter cherry (Prunus emarginata);

(B)

Canyon live oak (Quercus chrysolepis);

(C)

Catalina cherry (Prunus ilicifolia ssp. lyonii);

(D)

Chokecherry (Prunus virginiana);

(E)

Hollyleaf cherry (Prunus ilicifolia;

(F)

Interior live oak (Quercus wislizeni);

(G)

Santa Cruz Island ironwood (Lyonothamnus floribundus ssp. aspleniifolius).

(3)

Small (understory or arborescent shrub):

(A)

Arroyo willow (Salix lasiolepis) (R);

(B)

Black elderberry (Sambucus nigra ssp. caerulea) (R);

(C)

Blueblossom ceanothus (Ceanothus thyrsiflorus);

(D)

Brown dogwood (Cornus glabrata) (R);

(E)

California coffeeberry (Frangula californica);

(F)

Coast silktassel (Garrya elliptica);

(G)

Davis Gold toyon (Heteromeles arbutifolia 'Davis Gold');

(H)

Island ceanothus (Ceanothus arboreus);

(I)

Leather oak (Quercus durata);

(J)

Mountain mahogany (Cercocarpus betuloides);

(K)

Pacific wax myrtle (Morella californica) (Myrica californica);

(L)

Pacific willow (Salix lasiandra) (R);

(M)

Quailbush (Atriplex lentiformis);

(N)

Ray Hartman ceanothus (Ceanothus 'Ray Hartman' );

(O)

Redtwig dogwood (Cornus sericea) (R);

(P)

Scrub oak (Quercus berberidifolia);

(Q)

St. Helena manzanita (Arctostaphylos manzanita 'St. Helena');

(R)

Toyon (Heteromeles arbutifolia);

(S)

Western redbud (Cercis occidentalis).

(y)

"Relocate" means to move a tree from one location to another location on the same site or a different site.

(z)

"Remove" means to cut down or extract a tree.

(aa)

"Restricted ridgeline area" means an area within 400 feet of a class I ridge or within 250 feet of a class II or class III ridge, as designated on the Lafayette Area Ridge Map pursuant to subsection 6-2004(a)(1).

(bb)

"Riparian area" means land located within 30 feet of the top-of-bank of a creek, as defined in Chapter 6-18, Flood Damage Prevention.

(cc)

"Topping" means cutting the top off a tree. It is a pruning cut that removes the main stem or stems between nodes, buds or laterals, or a lateral branch or limb not large enough to assume the terminal role that generally results in serious decay and/or permanent alteration of the tree's structure.

(dd)

"Tree" means a large woody perennial plant with one or more trunks that generally reaches a minimum height of ten feet at maturity. It does not include shrubs shaped to tree forms.

(ee)

"Tree permit" means a Category I or Category II tree removal permit.

(ff)

"Tree protection zone" means the delineated area encompassing the rooting zone of a tree to be protected from encroachment by construction activities by temporary fencing. The area is determined by projecting from the base of the trunk two feet for every one inch of trunk diameter.

(gg)

"Undeveloped property" means a vacant parcel without an existing building, as defined in Section 6-312, that was built with a legally issued building permit.

(hh)

"Zone zero." See "defensible space."

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

Except for trees planted by the city, it shall be the property owner's responsibility to maintain trees within the public right-of-way directly adjacent to private property, consistent with LMC Section 8-123, Property Owner Responsibility to Repair and Maintain Sidewalk Area. It shall also be the property owner's responsibility to maintain any trees on private property to avoid encroaching into or otherwise negatively affecting any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees that pose a fire or other hazard to the public right-of-way and/or to public property adjoining that of the property owner's, as determined by the director, in consultation with the city landscape consultant, as needed. Nothing in this chapter relieves the owner or occupant of private property from the duty to keep in safe condition a tree or other vegetation upon private property or upon or within a public right-of-way or easement adjacent to the private property.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

(a)

Actions Requiring Permit. A tree permit is required to remove, destroy, or extensively prune a protected tree. It is a violation of this chapter for any person to remove, destroy, or extensively prune a protected tree without a Category I or Category II permit under Section 6-1706 or 6-1707, or without qualifying for or receiving an approval for an exception, as applicable, under Section 6-1705.

(b)

Protected Trees. Protected trees are trees that meet any of the following criteria.

(1)

On Developed Property. A tree that is located on a developed property, is of a native species, and has a trunk diameter of 12 inches or more.

(2)

On Undeveloped Property. A tree that is located on an undeveloped property and that:

(A)

Is of a native or native riparian species and has a diameter of six inches or more; or

(B)

Is of any other species and has a diameter of 12 inches or more.

(3)

Riparian Tree. A tree that is of a native riparian species, is located in a riparian area, on either developed or undeveloped property, and has a trunk diameter of six inches or more, or one component trunk of a multi-trunked tree, in which the component trunk has a diameter of four inches or more.

(4)

Approved Development Application.

(A)

A tree of any size or species that was shown on an approved development application prior to adoption of the ordinance from which this chapter is derived on November 25, 2024, and serves an important purpose such as privacy screening between neighbors or visual screening for a building.

(B)

A tree of any size or species that is specifically designated for protection in the conditions of approval for an approved development application on or after November 25, 2024.

(5)

Replacement Trees. A replacement tree planted to meet the requirements of Section 6-1708, Tree Replacement and Mitigation.

(6)

Restricted Ridgeline Area. A native species tree of any size located within a restricted ridgeline area.

(7)

Street Tree. A tree of any size or species located within a public right-of-way or private access easement.

(8)

Downtown Tree. A tree of any size or species located within a commercial zoning district.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

In the circumstances described in this section, no tree permit is required to remove, destroy, or extensively prune trees, or a permit is required but the permit application fee is waived, as specified.

(a)

Permit Exception with No Required Documentation. The following trees may be removed without a tree permit. No documentation is required to be provided to the city prior to their removal, no replacement trees are required, and no fee is charged.

(1)

Any excluded species, as defined, unless the tree(s) in question meet the description at Section 6-1704(b)(4)(A).

(2)

Any tree with a trunk located within five feet of an existing building or attached structure (e.g., deck), measured from the closest point of the trunk at standard height (four and one-half feet above natural grade) to the closest point of the building or attached structure.

(3)

Notwithstanding the provisions of Section 6-1704(a), Actions Requiring Permit, trees may be extensively pruned to maintain a distance of ten feet in all directions from an existing building, including ten feet above the roof of the building and ten feet from any outlet of a chimney or stovepipe. Such pruning may result in removal of more than 25 percent of the functioning leaf, stem or root area.

(b)

Permit with Waived Fee. In some circumstances, additional documentation is required to be submitted to and verified by the director, as described below. A tree permit is required but the application fee is waived in each of the following circumstances:

(1)

City-maintained Trees. A department of the city proposes to remove a protected tree located in the right-of-way or on property owned or maintained by the city.

(2)

Dead and Dying Trees. A dead or dying tree in very poor condition may be removed if an arborist report, submitted to the director, attests that the tree is dead or dying and describes the cause of death. Trees whose dying or deaths is caused by the property owner, applicant, or other party do not qualify for this exception.

(3)

Privately Maintained Street Trees. A tree may be removed if a department of the city issues a notice or citation to a property owner requiring the owner to repair damage to public infrastructure, and the property owner provides an arborist report stating that the repairs to the infrastructure cannot be made without causing an adjacent tree to die within two years.

(4)

Fire District Notices. A tree may be removed or extensively pruned to maintain defensible space, or to create or maintain a fuel break, in order to comply with a notice issued to the property owner by the Contra Costa County Fire Protection District (CCC FPD) that identifies the specific trees that must be removed or pruned. Fuel breaks shall be shaded if possible, in consultation with CCC FPD.

(c)

Determination by the Director. The permit requirement may be waived with a determination by the director in certain circumstances. A request shall be filed with the director, together with the necessary information that sets forth the basis upon which the applicant believes an exception is warranted. The director shall review the information submitted and may request additional documentation. The director will evaluate the request as it relates to the circumstances outlined below and shall either approve, conditionally approve, or deny the exception. The applicant shall be required to pay all costs of the city's processing of the request, including verification of the information submitted. The director may grant an exception in any of the following circumstances:

(1)

When a hazardous or dangerous condition requires immediate action to protect life or property as determined by the director, or when the imminent threat is certified by an arborist and an emergency tree removal permit is granted by the director;

(2)

Under emergency conditions when ordered by the director, an official of the Contra Costa County Fire Protection District, or an official of the Contra Costa County Building Department;

(3)

To maintain defensible space on land covered by flammable material, as required by California Government Code Section 51182 and evaluated and approved by the Director with consultation with the Contra Costa County Fire Protection District;

(4)

To maintain an unobstructed flow of water for flood control safety in a creek or other waterway as determined by the city engineer or the public works director.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

(a)

Permit Required. A Category I permit is required to remove, destroy, or extensively prune a protected tree on property not currently associated with a development application or that will not be associated with a development application for a minimum of one year from the date of the issuance of the permit.

(b)

Application. An application for a Category I permit shall be filed with the director on a form approved by the city, together with a fee fixed by resolution of the city council. The application shall at a minimum include the following information:

(1)

Identification of the location, species and diameter of each protected tree to be removed;

(2)

Statement justifying the permit request; and

(3)

Supplemental information as may be necessary for the director to properly review the application, such as photographs or an arborist report concerning the health and quality of the tree and possible alternative actions.

(c)

Application Review. The director shall review the application and inspect the subject tree. The director may refer the application to the downtown street improvement master plan implementation committee (DSIMPIC), design review commission, planning commission, or city council. The director may refer the application to an arborist or landscape consultant with arborist certification for additional review and report. The applicant shall pay the costs of this additional review and report.

(d)

Determination. Within 30 days of deeming an application complete, the director shall approve, conditionally approve, or deny the application. If the application is referred to the DSIMPIC, design review commission, planning commission, or city council, then the application shall be approved, conditionally approved, or denied within 60 days of the date the application is deemed complete. In acting on the application, the director, design review commission, planning commission, or city council shall consider the following:

(1)

Health, condition and form of the tree;

(2)

Number, size and location of other trees to remain in the area;

(3)

Relationship of the property to riparian corridors, a scenic or biological resource area or a restricted ridgeline area;

(4)

Role of the tree in a tree grove or woodland habitat;

(5)

Value of the tree to the neighborhood in terms of visual effect, wind screening and privacy;

(6)

Damage caused by the tree to utilities, streets, sidewalks or existing private structures or improvements;

(7)

Role of the tree in mitigating drainage, erosion or geologic stability impacts; and

(8)

Health and condition of the area within the protected perimeter.

(e)

Protected Tree Replacement. When the removal, destruction, or excessive pruning of a protected tree is permitted, the applicant shall comply with the requirements of Section 6-1708, Tree Replacement and Mitigation.

(f)

Permit Conditions. The permit may include reasonable conditions.

(g)

Expiration of Permit. The permit is valid for 60 days from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

(a)

Permit Required. A Category II permit is required if the proposed construction may result in the destruction, removal, or extensive pruning of a protected tree.

(b)

Application. An application for a category II permit shall be filed with the director concurrently with the development application. The Category II application shall be on a form approved by the city together with a fee fixed by resolution by the city council. The application shall at a minimum include the following information:

(1)

Depending on the type of development application, one of the following is required:

(A)

A site plan showing the trunk location, diameter, species and dripline of each protected tree within 50 feet of any proposed construction on the subject property and adjacent properties and indicating which protected tree is proposed to be pruned or removed; or

(B)

For those development applications that require a survey by a licensed surveyor or engineer, a field-verified topographical survey showing the trunk location, elevation at the base, diameter, species and accurate dripline of each protected tree within 50 feet of any proposed construction on the subject property and adjacent properties, and a table that identifies each protected tree, its diameter and species, and whether the tree is proposed to be pruned or removed; and

(2)

Arborist report; and

(3)

Statement justifying the removal of each protected tree; and

(4)

Evidence of compliance with the requirements of responsible agencies for the removal of a protected tree if applicable; and

(5)

Supplemental information required by the director.

(c)

Application Review. The Category II permit application shall be reviewed concurrently with the development application by the director, DSIMPIC, design review commission, planning commission or city council, as required by type of development application. The director may refer the applicant's arborist report to an arborist for peer review. The applicant shall pay the cost of a peer review.

(d)

Determination. Within 30 days of deeming an application complete or within the time limit associated with the review of the discretionary development application, the director, design review commission, planning commission, or city council shall approve, conditionally approve, or deny the application based on the factors in subsection 6-1706(d), Determination, and the following additional factors:

(1)

Necessity for the pruning or removal in order to construct a required improvement on public property or within a public right-of-way or to construct an improvement that allows reasonable economic enjoyment of private property;

(2)

Extent to which a proposed improvement may be modified to preserve and maintain a protected tree; and

(3)

Extent to which a proposed change in the existing grade within the protected perimeter may be modified to preserve and maintain a protected tree.

The city shall not issue a building permit or a grading permit until after the director, design review commission, planning commission, or city council makes a determination on the Category II permit.

(e)

Permit Condition. An approved Category II permit shall include a condition whereby the applicant shall guarantee the health and vigor of each protected tree to be preserved during construction, as provided in subsection (f), Tree Protection During Construction, of this section and shall enter into a landscape maintenance agreement with the city to ensure the long-term maintenance of the protected trees.

(f)

Tree Protection During Construction. The applicant shall comply with the following requirements:

(1)

Before the start of construction, the applicant shall install fencing per city specifications at the perimeter of the tree protection zone, or other area identified in an arborist report, as shown on the approved construction plans. The director shall inspect and approve the fencing and its location before the issuance of a development permit.

(2)

No construction may occur within the perimeter of the tree protection zone unless approved as a condition of the application. The Director may require an arborist to be present to observe the construction and prepare a report identifying further requirements for tree protection upon completion of construction.

(3)

No construction may occur within the perimeter of the tree protection zone until pruning of the tree required for access of construction equipment is completed under the supervision of an arborist.

(4)

Under each circumstance where an arborist is required to supervise or observe construction, the arborist may require additional mitigation measures or halt construction if necessary to protect the subject trees. The applicant shall pay the costs of an arborist's supervision or observation.

(5)

The parking or storing of a vehicle, construction trailer, equipment, or materials is prohibited within the perimeter of the tree protection zone.

(g)

Protected Tree Replacement. When the removal, destruction, or extensive pruning of a protected tree is permitted, the applicant shall comply with the requirements of Section 6-1708, Tree Replacement and Mitigation.

(h)

Timing of Associated Permit Issuance. The city shall not issue a building permit or a grading permit until after the director, design review commission, planning commission, or city council makes a determination on the Category II permit.

(i)

Permit Expiration. A Category II permit is valid for the same period of time as the approved development permit. If the work authorized by the development permit is not started before the expiration date, the tree permit will also expire.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

(a)

Number and Size. For each protected tree that is removed, destroyed, or extensively pruned, the following replacement ratios shall be used, with all replacement trees of at least a 15-gallon container size:

(1)

For trees less than 24 inches, one replacement tree shall be planted (1:1);

(2)

For trees 24 inches or greater, but less 30 inches, two replacement trees shall be planted (2:1);

(3)

For trees 30 inches or greater, three replacement trees shall be planted (3:1).

(b)

Location. If the removed, destroyed, or extensively pruned tree was located on private property, the replacement tree shall be planted on the same property. Replacement trees shall not be planted within five feet of an existing or proposed building or attached structure (Zone Zero). If the removed, destroyed, or extensively pruned tree was located in a public right-of-way or private access easement, the replacement tree shall be planted along the same frontage. The replacement tree may be planted in another portion of the right-of-way, as close as is feasible to the original location, if the director, in consultation with the public works director, determines that one or more of the following conditions exists:

(1)

There is no feasible location to plant a replacement tree along the same frontage without interfering with existing infrastructure or creating a reasonably foreseeable conflict with infrastructure; or

(2)

Placement along the same frontage would not result in optimal street tree spacing or foster healthy tree growth.

(c)

Species.

(1)

If the removed, destroyed, or extensively pruned tree is of a native riparian species, as defined, the replacement tree shall be of a native riparian species.

(2)

If the removed, destroyed, or extensively pruned tree is not of a native riparian species, the replacement tree shall be of a recommended species, as defined. The replacement tree shall be of the same size group (canopy-level, midstory, or understory) as the removed tree. A replacement tree may be selected from a different size group than the removed tree only if an arborist report recommends a differently sized tree based on planting area or other site conditions.

(d)

Timing.

(1)

When a Category I permit is approved, replacement trees shall be planted within the months of October to April, and either within 60 days or within the calendar year, whichever time period is longer. Proof of the planting of replacement trees shall be provided to the director within 30 days of planting.

(2)

When a Category II permit is approved, planting shall occur as part of installation of the approved landscape plan associated with the development project and before the project receives its final building inspection.

(3)

Failure to plant required replacement trees within these time periods shall be considered a violation of this chapter.

(e)

Exceptions. No replacement tree planting shall be required if:

(1)

The removal of a tree is exempt from the requirement for a permit, pursuant to Section 6-1705(a), Exceptions to Permit Requirements; or

(2)

An arborist report recommends that planting additional trees on the property would adversely affect the healthy growth of existing or new trees; or

(3)

An arborist report states that the planting of additional trees on the property would result in spacing closer than recommended by the most recent defensible space guidelines published by the State Board of Forestry and Fire Protection; or

(4)

An arborist report states that, due to building and property line locations, or other conditions, the only available locations for tree planting would lie within Zone Zero (within five feet of an existing building or attached structure).

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

When protected trees are removed, destroyed, or extensively pruned without a permit, replacement trees are not planted within the required time period, or other violations of this chapter occur, the following actions may be taken.

(a)

Stop Work Order. If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity (including construction, inspection, and issuance of certificates of occupancy) on the property pursuant to the grading, demolition, and/or building permit(s) until a tree permit for the illegally removed, destroyed, or pruned tree(s) has been applied for and approved by the director.

(b)

Restriction on the Issuance of a Development Permit. A development permit may not be issued for construction on a property upon which a protected tree was destroyed, removed, or extensively pruned without a permit for a period of five years from the date of violation as determined by the director. The director may waive this time limit if the tree is replaced as provided in Section 6-1708, Tree Replacement and Mitigation, and penalties are paid for the violation. The restriction on the issuance of a development permit applies to any successor-in-interest in the subject property. Upon transfer of the property, the owner shall notify the successor-in-interest of the violation of this chapter. The director may record a notice of violation on the property with the Contra Costa County Recorder.

(c)

Replacement Trees. A person who destroys, removes, or extensively prunes a protected tree in violation of this chapter shall apply for a tree permit according to Sections 6-1704, 6-1706, and 5-1707, and plant replacement trees according to the requirements of Section 6-1708, Tree Replacement and Mitigation.

(d)

Penalties. Any person who violates this chapter shall be subject to a civil fine or penalty. Violations shall be treated as a strict liability offense and may be prosecuted pursuant to Chapter 1-3, Penalty Provisions, or any other applicable statute or provision of law, whether criminal, civil, or administrative. The fine shall be based on the diameter of the protected tree that was removed, destroyed, or extensively pruned, according to the following provisions and table.

(1)

Diameter of Removed Trees is Cumulative. If more than one protected tree on the same property is removed, destroyed, or extensively pruned in violation of this chapter, the fine for each tree shall be calculated, and then the fines for all trees shall be summed to determine the total fine.

(2)

Fines Double for Subsequent Violations. A second violation occurs if this chapter is violated on the same property under the same ownership. For any violations after the second, fines double with each subsequent offense. (For example, the fine for removing a 20-inch diameter tree would be $2,500.00 as a first violation, $5,000.00 as a second violation, $10,000.00 as a third violation, and $20,000.00 as a fourth violation.)

(3)

Failure to Plant Replacement Tree. The failure to plant a required replacement tree within the required time period, pursuant to Section 6-1708, Tree Replacement and Mitigation, is considered a violation of this chapter. The applicant shall be subject to a penalty based on the diameter of the removed tree, according to the table in this subsection.

(e)

Penalties—Major Tree Removal. A person who destroys, removes, or extensively prunes more than 25 protected trees in violation of this chapter shall pay a penalty equal to the appraised values of the trees removed. The appraised value shall be determined by the city based on the most current issue of "A Guide to Plant Appraisal" published by the International Society of Arboriculture.

(f)

If any violation of this chapter is deemed a nuisance pursuant to Chapter 8-21, Code Enforcement, it may be abated by the city. Any administrative costs incurred by the city for a violation of this chapter shall be recoverable in the same manner as described in Chapter 8-21, Code Enforcement.

(g)

The remedies and penalties provided in this section are cumulative and not exclusive.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

An appeal of a decision made pursuant to this chapter is governed by Sections 6-225 through 6-238 or Section 8-2110 of the LMC.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

Nothing in this chapter imposes liability upon the city or its officers or employees.

(Ord. No. 694, § 5(Exh. A), 12-9-2024)

The purpose of this chapter is to reduce the impact of (1) two-story structures, (2) second story additions and (3) structures greater than 17 feet in height in residential neighborhoods, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city and providing a variety of housing sizes. This chapter is intended to:

(a)

Minimize loss of light and privacy to neighbors caused by the construction of large structures;

(b)

Minimize the out-of-scale appearance of large structures relative to other structures in a neighborhood;

(c)

Maintain the existing character of established residential neighborhoods;

(d)

Permit reasonable expansion of existing structures.

(Ord. 534 § 1, 2002; Ord. 386 § 1 (part), 1991)

In this chapter:

(a)

"Attic" means an area which is not habitable under the Uniform Building Code dimensional requirements (Section 1207) and is utilized only for storage. The area must be unheated and unfinished and have no access other than a hatch (i.e., no stairs or doorway).

(b)

"Basement" means an unfinished and unheated area of the building which is not habitable, and finished floor level directly above being not greater than six feet above grade for more than 50 percent of the total perimeter or more than 12 feet above grade at any point.

(c)

"Construction" means the building of new floor area on a lot (either a new structure or addition to an existing structure).

(Ord. 534 § 1, 2002; Ord. 386 § 1 (part), 1991)

(a)

A structure in a single-family residential land use district that is proposed to exceed 17 feet in height is subject to design review as provided in this chapter.

(b)

For the purposes of this chapter, height means the vertical distance between the average of the highest and lowest grade at the lowest foundation wall (measured at existing grade or finished grade, whichever is lower) and the highest point of the structure. An appurtenance attached to a structure, which is listed in Section 6-513, is excepted from the height limit.

(Ord. 534 § 1, 2002; Ord. 469 § 1, 1996; Ord. 386 § 1 (part), 1991)

The procedure for design review of a structure over 17 feet 0 inches in height is as follows:

(1)

An application for design review shall be submitted to the zoning administrator accompanied by the required fee;

(2)

If the zoning administrator finds that the proposed structure is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may issue a design review permit without the requirement for a public hearing;

(3)

If a public hearing is required, the zoning administrator shall mail written notice of an application as prescribed in Section 6-211 of the municipal code;

(4)

The zoning administrator may refer the application to the design review commission for review and action;

(5)

The zoning administrator may approve, conditionally approve or deny the application. A decision of the zoning administrator is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3, Sections 6-225 through 6-238. The appeal of a decision by the design review commission is subject to the requirements of Section 2-511.

(Ord. 534 § 1, 2002; Ord. 386 § 1 (part), 1991)

The zoning administrator or design review commission or reviewing body on appeal, as the case may be, may not approve the application for design review required under Section 6-1903 unless it makes all the following findings:

(a)

The structure substantially complies with the city's residential design guidelines;

(b)

The structure is so designed that it will appear compatible with the scale and style of the existing neighborhood and will not significantly detract from the established character of the neighborhood;

(c)

The structure is so designed that it does not appear too tall or massive in relation to surrounding structures or topography when viewed from off-site;

(d)

The structure is so designed that it does not unreasonably reduce the privacy or views of adjacent properties.

(Ord. 534 § 1, 2002; Ord. 457 § 4, 1996; Ord. 386 § 1 (part), 1991)

The following structures are exempt from the design review requirement of Section 6-1903:

(a)

An existing one-story house in which an existing basement or under story area is developed for living quarters;

(b)

An existing one-story house in which an existing attic area is converted to living quarters without any structural expansion to the exterior walls or roof of the residence.

(Ord. 536 § 1, 2002; Ord. 386 § 1 (part), 1991)

(a)

The fee for the design review required under Section 6-1903(a) by the zoning administrator is the same as that required for a variance application, as fixed by city council resolution;

(b)

The fee for the design review required under Section 6-1903(b) by the design review commission is the deposit amount required for a design review application by the design review commission, as fixed by city council resolution;

(c)

The fee for determining that a project is exempt from the public hearing requirement shall be charged for one hour of planning services at the hourly rate established by the City Council.

(Ord. 534 § 1, 2002; Ord. 386 § 1 (part), 1991)

(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)

This chapter is adopted under the authority granted to the city by Government Code Section 66424.2 to provide for merger of contiguous parcels of land. This chapter applies to land privately held and land owned by a public agency and held by it for the purpose of sale.

(Ord. 287 § 1 (part), 1982)

In this chapter, unless the context otherwise requires:

(a)

"Building" means:

(1)

In a residential or agricultural zoning district, a structure built as a dwelling or dwelling unit;

(2)

In a commercial, business of office zoning district, a structure built as a dwelling or dwelling unit or as a structure continuously occupied by persons for business purposes.

(b)

"Conform to the standards for development," when referring to a parcel or unit of land, means that the parcel or unit of land is smaller than the minimum lot size required, or that the lot does not comply with the minimum lot depth or width standards of the zoning district in which the parcel is located.

(c)

"Contiguous parcels or units of land" means and includes those separated by a road, street, easement, right-of-way, creek or channel.

(Ord. 294 §§ 1—2, 1983; Ord. 287 § 1 (part), 1982)

Two or more contiguous parcels or units of land which have been created under the Subdivision Map Act, a prior law regulating the subdivision of land, a county or city ordinance or were not subject to such provisions at the time of their creation and which are held by the same owner shall be merged if (a) one of the contiguous parcels or units does not conform to the standards for development under this code; and (b) at least one of the contiguous parcels or units is not developed with a building for which a permit was issued or, if it is developed with a building, the building was built before a permit was required.

(Ord. 287 § 1 (part), 1982)

(a)

Whenever the city has knowledge that real property has merged under this chapter, it shall:

(1)

Give written notification to the owner of the city's intention to record a notice of merger with the county recorder. Notification to the owner shall be given at least 30 days before notice of the merger is filed for record and shall specify a time, date and place at which the owner may present evidence to the planning commission as to why such notice should not be recorded; and

(2)

Permit the owner to present evidence to the planning commission as to why a notice of merger should not be recorded.

(b)

At the conclusion of the hearing, the planning commission shall make its determination as to whether or not the notice of merger will be recorded with the county recorder.

(c)

The owner may appeal the decision of the planning commission. The appeal procedures are those set forth in Chapter 6-2, Article 3 of this title.

(Ord. 287 § 1 (part), 1982)

Notwithstanding Section 6-2203, lands to which this chapter applies may be merged and resubdivided under provisions of the Subdivision Map Act and local ordinances upon application by the owner.

(Ord. 294 § 3, 1983: Ord. 287 § 1 (part), 1982)

The city council may by resolution adopt regulations to establish administration, procedures, interpretation and policy to carry out this chapter.

(Ord. 287 § 1 (part), 1982)

This chapter shall apply to any parcel of land which is legally used or zoned for residential purposes or is vacant and unimproved, irrespective of the zoning. This chapter shall apply to the parking, storage, and repair of vehicles. Use of property for outdoor storage or structures placed on property for storage of goods and materials is addressed elsewhere in this code.

(Ord. No. 586, § 1, 9-28-2009)

(a)

"Adjoining property" means a property which shares a common boundary with a subject property or a property that is directly across a public or private street or road from a subject property.

(b)

"Front yard area", means an open area extending across the front of a lot, measured from the front property line or access easement, whichever is lesser, toward the rear of the lot to the nearest line of the primary residence.

(c)

"Public view" means the view from a public or private street or road which serves more than one property or from a public walkway or trail.

(d)

"Screened" means shielded, concealed and substantially hidden from public view or adjoining property, at an elevation at least six feet above ground level, by a fence, wall, lattice, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof, as deemed appropriate by the planning services manager.

(e)

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, street, road, avenue, lane, alley, court, place, square, curb or other similar surface improved, designed or ordinarily used for vehicular traffic, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 586, § 1, 9-28-2009)

(1)

Placing, parking, or keeping of a registered and fully operable car(s), van(s), truck(s), sport utility vehicle(s) (SUV) and motorcycle(s) is a permitted use on occupied lots, subject to the following conditions:

(a)

Said vehicle(s) is owned by or registered to the owner or occupant of the lot, or guest thereof;

(b)

Said vehicle(s) is not parked in the front yard area unless parked on a driveway that connects to covered parking or is parked on a paved or similarly surfaced area that is designed and intended for the purpose of parking vehicles, and that is connected to a driveway that has direct access from a public or private road or access easement;

(c)

Said vehicle(s) is not used for living or sleeping purposes; and

(d)

Said vehicle(s) is rated for a maximum payload of one ton or less.

(2)

Placing, parking or keeping of registered and fully operable recreational vehicle(s), trailer(s) (e.g., for a boat, cargo, debris, horse, etc.), boat(s), or aircraft is a permitted use on occupied lots subject to the following conditions:

(a)

Said vehicle(s) is owned by or registered to the owner or occupant of the lot;

(b)

Said vehicle(s) is screened from public view and adjoining property;

(c)

Said vehicle(s) is not parked in the front yard area; and

(d)

Said vehicle(s) is not used for living or sleeping purposes.

(Ord. No. 586, § 1, 9-28-2009)

(1)

No person shall engage in any of the following activities, unless the activity is fully screened from public view or an adjoining property:

(a)

Place, park, keep, or allow to remain for more than 96 consecutive hours a disabled or inoperable vehicle or part(s) of a vehicle, or materials used in the repair, servicing, construction or assembly of vehicles;

(b)

Construct, repair, disassemble or service any vehicle more than eight days per year, or between the hours of 9:00 p.m. and 7:00 a.m. of any day; and/or

(c)

Place, park, keep, or allow to remain any recreational vehicle, boat, aircraft, trailer (e.g., for a boat, cargo, debris, horse, etc.) either for more than 36 consecutive hours, or intermittently for periods exceeding 72 hours total in any 30-day period.

(2)

No person shall use any vehicle for living or sleeping purposes.

(3)

No person shall place, park or keep a vehicle(s) on a vacant or unimproved lot unless a land use permit is obtained pursuant to section 6-2305.

(Ord. No. 586, § 1, 9-28-2009)

(1)

The purpose of this section is to prevent owners of vacant or unimproved lots from storing vehicles on those lots, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city. This section is intended to:

(a)

Protect the health and welfare of residential neighborhoods;

(b)

Prevent nuisance situations that can change the nature of a residential neighborhood;

(c)

Prevent potential safety hazards to pedestrians and other vehicles caused by the unexpected ingress and egress of vehicles from vacant or unimproved lots; and

(d)

Minimize the aesthetic and visual impacts of storing vehicles on vacant or unimproved lots.

(2)

A land use permit is required to place, park, or keep a vehicle(s) on a vacant or unimproved lot, irrespective of the land use district in which the land is located, as follows:

(a)

An application for a land use permit shall be submitted to the zoning administrator accompanied by the required fee as established by resolution of the city council;

(b)

If the zoning administrator finds that the vehicle(s) is owned by or registered to the owner of the lot; is not used for living purposes on the lot; is screened from public view; will not create a safety hazard as a result of the ingress and egress of the vehicle onto the lot; and that the proposed storage of the vehicle meets the findings required for a land use permit set forth in Section 6-215 of this code, the zoning administrator may issue a land use permit without the requirement for a public hearing.

(c)

If the zoning administrator determines that a public hearing is necessary to address potential impacts of the permit, written notice of an application shall be provided as prescribed in Section 6-211(b) of this code.

(d)

The zoning administrator may refer the application to the planning commission for review and action.

(e)

The hearing authority may approve, conditionally approve or deny the application based on its consideration of the factors outlined in subsection (2)(b) above, and the purposes and intent of this Section.

(f)

The decision of the hearing authority is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3.

(Ord. No. 586, § 1, 9-28-2009)

Engaging in any activity prohibited in this chapter shall be a violation of this chapter and may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this code, in addition to all other legal remedies, criminal or civil, available to the city to address a violation of this code.

(Ord. No. 586, § 1, 9-28-2009)

(a)

The city council finds that:

(1)

There are unimproved lots that were created before incorporation and, in some instances, years before requirements for zoning, subdivision approval and environmental review were enacted. Many of these lots are substandard when measured against standards now in effect in the city;

(2)

Government Code § 66412(d), part of the Subdivision Map Act (Government Code § 66410 et seq.), provides that a lot line adjustment between two or more existing parcels is exempt from its provision where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created. Government Code § 66412(d) further provides that in reviewing and approving a lot line adjustment, the city is limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to a city's general plan or its zoning and building ordinances. The city may deny a lot line adjustment if the resulting parcels do not conform to the city's general plan or its zoning and building ordinances, and may impose conditions or exactions to a lot line adjustment in order to conform to its general plan and zoning and building ordinances and to facilitate the relocation of existing utilities, infrastructure and easements; and

(3)

The approval of a lot line adjustment may result in development that causes changes in the density or intensity of the use of property or that is inconsistent with the standards of developed properties in the neighborhood or both; all of which are contrary to the goals and policies of the general plan and its implementing regulations.

(b)

The purpose of this chapter is to establish a procedure and standards for the review and determination of each request for a lot line adjustment, to require that the parcels resulting from the lot line adjustment will conform to the city's general plan, zoning and building ordinances, and to authorize the imposition of conditions and exactions when necessary to conform the parcels resulting from the lot line adjustment to the general plan and zoning and building regulations, all in a manner consistent with Government Code § 66412(d).

(Ord. 532 § 1, 2002)

This chapter is enacted under Government Code § 66412(d).

(Ord. 532 § 1, 2002)

In this chapter unless the context otherwise requires:

(a)

"Hearing body" includes the planning and building services manager and planning commission;

(b)

"Lot line adjustment" is the reconfiguration of the boundaries between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created;

(c)

"Manager" is the planning and building services manager;

(d)

"Minor lot line adjustment" is the reconfiguration of boundaries between two parcels that are developed with single family residences and that, in both the before condition and the condition following a lot line adjustment, comply with the general plan and zoning and building ordinances; and

(e)

"Zoning and building ordinances" include Chapter 6-20, Hillside Development.

(Ord. 532 § 1, 2002)

(a)

An application for a lot line adjustment shall be submitted in writing, on a form provided by the city, containing the following information:

(1)

The legal descriptions of the parcels whose boundaries are to be adjusted;

(2)

The owners' names, addresses and telephone numbers;

(3)

Evidence of title;

(4)

A map or plat showing the parcels before and after their adjustment, their relationship to each other, adjoining parcels, street center lines, right-of-way lines, existing buildings, fences and structures;

(5)

Contra Costa County assessor's parcel numbers; and

(6)

Such other information the manager requires.

(b)

The application shall be accompanied by the fee fixed by resolution of the city council.

(Ord. 532 § 1 (part), 2002)

(a)

The manager shall endorse on the application the date it is received and if it is complete, accept it for filing and thereafter fix a time and place for a public hearing on the application. In the case of a minor lot line adjustment, the manager may dispense with the notice and public hearing.

(b)

The manager shall give notice of the time and place of the public hearing. The notice requirement is notice requirement specified for a public hearing on an application for a variance permit as set forth in sections 6-210 and 6-211.

(Ord. 532 § 1, 2002)

If, in the opinion of the manager, the lot line adjustment is a minor lot line adjustment, the manager may act on the application. The manager in the exercise of discretion may defer action and refer the matter to the planning commission. In that case and in all other cases, the planning commission shall hold the public hearing and act on the application.

(Ord. 532 § 1, 2002)

(a)

The hearing body shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the general plan and zoning and building ordinances and regulations.

(b)

The hearing body may not impose conditions or exactions on its approval of a lot line adjustment except to:

(1)

Conform the parcels resulting from the lot line adjustment to the general plan and zoning and building ordinances;

(2)

Require the prepayment of real estate property taxes before approving the lot line adjustment; and

(3)

Facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. 532 § 1, 2002)

In determining whether or not a proposed lot line adjustment conforms to the general plan and zoning and building ordinances, and in order to approve a lot line adjustment, the hearing body must make each of the following findings:

(a)

In the after-approved condition each parcel subject to Chapter 6-20, Hillside Development, has a building site that meets the requirements of 6-2047 upon which a dwelling unit could be built that meets the requirements of section 6-2048. The hearing body may waive one or more of these requirements if it finds that 1) no lot line adjustment could satisfy the requirements, and 2) in the after-approved conditions each affected parcel is closer to meeting the requirements than it was prior to the lot line adjustment;

(b)

Each affected parcel has adequate emergency vehicle access;

(c)

In the after-approved condition, each affected parcel complies with the general plan and zoning and building ordinances. In the case of a lot line adjustment between parcels that are subject to Chapter 6-20 but are non-conforming as to the density limits, this finding may be waived; and

(d)

In the after-approved condition, each affected parcel does not violate a condition of development previously imposed by the city on any portion of the parcel.

(Ord. 532 § 1, 2002)

Sections 6-225 through 6-238 govern the decision and appeal of the action by the hearing body.

(Ord. 532 § 1, 2002)

No tentative map, parcel map or final map shall be required as a condition to approval of the lot line adjustment. The lot line adjustment shall be reflected in a deed which must be recorded. A record of survey must be performed if required by Business and Professions Code § 8762. The hearing body may require a record of survey if the parcels affected by the lot line adjustment are under common ownership. If the lot line adjustment affects parcels held in different ownership, the owners shall actually convey the requisite interests in the affected parcels in order to effect the lot line adjustment. The hearing body may require each owner to obtain a certificate of compliance that sets forth each owner's name and the assessor's parcel number.

(Ord. 532 § 1, 2002)

The purpose of this chapter is to ensure that the design, installation, and maintenance of landscapes within the City of Lafayette meet the requirements of the State of California Model Water Efficient Landscape Ordinance set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations and Section 65595 of the California Government Code, in accord with Governor's Executive Order Number B-29-15 adopted on April 1, 2015.

(Ord. No. 669, § 3, 10-24-2022)

The State of California Model Water Efficient Landscape Ordinance, set forth in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, and as amended from time to time by the State of California, is hereby adopted by reference in its entirety as if incorporated and set out in full in this chapter as the Water Efficient Landscape Ordinance of the City of Lafayette. A copy of the State of California Model Water Efficient Landscape Ordinance has been filed with the city clerk.

(Ord. No. 669, § 3, 10-24-2022)

(a)

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City of Lafayette, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO.

(b)

If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 669, § 3, 10-24-2022)

Violations of this chapter shall be subject to the imposition of penalties pursuant to Chapter 1-9 of the Lafayette Municipal Code.

(Ord. No. 669, § 3, 10-24-2022)

This chapter is adopted under Government Code §§ 66000 et seq., 66477, and the city's general police power.

(Ord. No. 575, § 2, 7-28-2008)

The parkland and recreation facilities for which land or the payment of a fee, or both, are required shall be in accordance with the parks, trails and recreation element of the city general plan.

(Ord. No. 575, § 2, 7-28-2008)

The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution.

(Ord. No. 575, § 2, 7-28-2008)

As used in this chapter, unless context otherwise requires:

(a)

"Development" means:

(1)

The rezoning of land to the planned (P-1) land use district, when residential uses are involved (a "planned unit development").

(2)

In any residential land use district (whether single-family, two-family or multiple family):

(A)

The division of land into two or more parcels,

(B)

The conversion of an existing structure to create one or more additional dwelling units,

(C)

The construction of new dwelling units,

(D)

Enlargement of the habitable area of existing dwelling units except as set forth in Section 6-1627.

(3)

Approval of the construction of a residential unit in a land district other than residential.

(b)

"Owner" means and includes the agent, representative, subdivider, developer or applicant.

(c)

"Park facilities" means new or upgraded trails, paths, bridges, sport fields, recreational courts, children play areas, picnic areas, restrooms, parking lots and any other facility or structural improvements contained in an approved development plan for a designated park or a planned upgrade for a designated park.

(Ord. No. 575, § 2, 7-28-2008)

As a condition of approval of a tentative map or parcel map (referred to in this chapter as development) the owner of land for residential use, excluding that land which is exempt as provided in the Subdivision Map Act, shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

(Ord. No. 575, § 2, 7-28-2008)

As a condition of approval of a permit to build a residential structure on any parcel of land of record or to construct an additional dwelling unit an owner shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

As a condition of approval of a permit to add habitable living space (including the conversion of a garage or other structures to habitable living space) an owner shall pay a per square foot parkland dedication in-lieu fee and a per square foot park facilities fee.

(Ord. No. 575, § 2, 7-28-2008)

The owner of land that is reclassified to the planned (P-1) district, as a condition of approval of the development plan, which provides for one or more dwelling units, including apartments or condominiums, shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The amount of land to be dedicated for park and recreational facilities, or the payment of fee in lieu thereof, or combination of both, shall not exceed five acres per 1,000 persons residing within a subdivision subject to this chapter. The city shall adopt a resolution, which shall set forth the actual amount of parkland to be dedicated, or fee to paid in lieu thereof, based upon the ratio of the park acreage owned by the city to the total population of the city, as shown in the most recent available federal census.

(b)

The park facilities fee shall be based upon the ratio of parkland acres per person as specified above in subsection (a), the amount of persons per dwelling unit, and the weighted average facilities cost per acre as set forth in greater detail by resolution. Park facilities may be provided on dedicated parkland to offset payment of part or all of the park facilities fee as provided in Section 6-1616.

(c)

The parkland in-lieu fee and park facilities fee for residential additions shall be based upon the size of a typical single family home, as set forth in greater detail by resolution.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The amount of land to be dedicated and the formula to establish the amount of land to be dedicated and the fee to be paid in-lieu of dedication shall be set forth by resolution.

(b)

All land offered for dedication shall have access to at least one existing or proposed street open for general public access. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for maintenance of the park area or use thereof.

(c)

The land to be dedicated under this chapter shall be considered for approval by the city council upon recommendation of the parks, trails and recreation commission and planning commission.

(d)

Only the payment of fees, not the dedication of lands, may be required in subdivisions containing 50 parcels or less.

(1)

When a condominium project, stock cooperative, or community apartment project, as those terms are defined in the Civil Code § 1351, exceeds 50 dwelling units, notwithstanding that the number of parcels may be less than 50, dedication of land may be required.

(2)

However, nothing in this subsection precludes the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the owner proposes such dedication voluntarily and the land is acceptable to the city council.

(e)

The owner may be required to, without credit against the amount of land to be dedicated:

(1)

Provide full street improvements and utility connections pursuant to city standards to land which is dedicated under this chapter;

(2)

Provide improved grading and drainage through the dedicated site; and

(3)

Provide other improvements which the approving body determines to be essential to the use of the land.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The standards and formula for setting the park facilities fee shall be set forth by resolution.

(b)

Park facilities may be provided under this chapter on parkland that is being dedicated to the city. Part or all of the park facilities fee may be offset based on the cost of the facilities provided.

(Ord. No. 575, § 2, 7-28-2008)

(a)

In common interest developments (as defined in the Civil Code § 1351), partial credits may be available for private open land, trails or recreation facilities within the development usable for active recreational uses are provided and meet the standards specified below. Partial credits cannot exceed 50 percent against the requirement of land dedication or payment of in-lieu fees for land dedication.

(b)

An application for partial credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of partial credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Partial credit may be given only if the city council finds that it is in the public interest to do so and that the standards set forth in the next paragraphs are met.

(c)

The standards for partial credit for provision of private land against parkland dedication or in-lieu fees are as follows:

(1)

Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulation shall not be included in the computation of such credit; and

(2)

The private ownership and maintenance of the area, is adequately provided for by recorded written agreement (to which the city is a party), covenants or restrictions that bind future owners to maintaining the area and the facilities; and

(3)

The use of the private open land and recreation facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be amended or eliminated without the consent of the city or its successor; and

(4)

Those elements and facilities proposed for the area are in substantial accordance with the provisions of the open space, parks, school and utilities element of the general plan; and

(5)

The proposed private land is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, land use compatibility, slope, topography, geology, natural setting, access and location; and

(6)

The private land areas for which credit may be given may include the following:

Bicycle, hiking and/or equestrian trails refer to neighborhood trails that may join a community or regional trail system. (Under Government Code § 66475.1, a developer of over 200 parcels may be required to dedicate bicycle paths.);

(d)

If park facilities are provided on the private land that is accepted as a partial credit against the parkland dedication or in-lieu fee requirement, an offset of up to 50 percent of the park facilities fee requirement may be granted based upon the cost of such park facilities. The amount of the offset shall be subject to approval by the city council upon recommendation of the parks, trails and recreation commission and the planning commission. An offset may be given only if the city council finds that it is in the public interest to do so.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The city council upon recommendations from the parks, trails and recreation commission and planning commission may give full or partial credit against the requirement of land dedication, payment of fees in-lieu of parkland dedication, or park facilities fees for on-site and off-site public park, trail and open space projects that the council finds are of major benefit to the entire community and that are dedicated for public use. Public trails as used in this section are those used on a regional or community-wide basis or which serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision.

(b)

An application for credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Credit may be given only if the city council finds that it is in the public interest to do so.

(Ord. No. 575, § 2, 7-28-2008)

The land, park facilities and fees collected, or a combination thereof, shall be used only for the purpose of developing new or rehabilitating existing publicly owned or publicly controlled neighborhood or community park or recreational facilities or improvements as permitted by law. If any neighborhood or community park or recreational facilities or improvements are jointly used, developed, controlled or owned with another party, the City or general public shall be entitled to use the park, facility or improvement in an amount proportional to the City's contribution as required by applicable law or otherwise determined by the City Council.

(Ord. No. 575, § 2, 7-28-2008; Ord. No. 619, § 1, 8-12-2013)

An administration fee shall be charged to cover the administration costs associated with the dedication of parkland and facilities, the parkland fee, and park facilities fee. The administration fee shall be paid in conjunction, and at the same time, with the dedication of land and park facilities, the payment of fees or a combination of both as provided in this Chapter. This administration fee shall be set forth by resolution of the city council.

(Ord. No. 575, § 2, 7-28-2008)

Before city approval of a final map, the parks, trails and recreation commission shall have recommended and the city council shall have established a schedule specifying how, when and where the city will use the land or fees, or both, to develop park or recreational facilities.

(Ord. No. 575, § 2, 7-28-2008)

All land dedicated, park facilities provided, or fees paid shall be held by the city only for the purposes described in Section 6-1619.

(a)

Parkland dedication fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed or paid for a specific project, to accomplish a specific purpose with the scope of Section 6-1619.

(b)

Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected for park facilities, as provided for in the Mitigation Fee Act, Government Code § 66006(b)(1)(F), to complete financing on incomplete public facilities and the public facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the parkland facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the park improvement fee, and any interest accrued thereon.

(Ord. No. 575, § 2, 7-28-2008)

If, during the ensuing time between dedication of land for park purposes and commencement of first stage development, circumstances arise which indicate that another site would be more suitable for local park, trail or recreational purposes (such as receipt of a gift of additional park and or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for the purchase of a more suitable site.

(Ord. No. 575, § 2, 7-28-2008)

(a)

At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for dedicating land, paying a fee, or a combination of both. If the owner prefers to dedicate land, the owner shall designate it and clearly identify those elements for which the owner is requesting partial credit. Additionally, the owner shall provide evidence of how the dedicated land is to be maintained to a standard acceptable to the approving body.

(b)

At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for paying a park facilities fee, providing park facilities on dedicated parkland, or a combination of both. If the owner prefers to provide park facilities, the owner shall identify the park facilities and clearly identify those elements for which the owner is requesting an offset of the fees. Additionally, the owner shall provide evidence of how the park facilities are to be maintained to a standard acceptable to the approving body.

(Ord. No. 575, § 2, 7-28-2008)

(a)

At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall determine whether to require the dedication of land within the development or the payment of a fee instead, or a combination of both. In making this determination, the planning commission shall consider the following factors:

(1)

Whether or not the land offered for dedication substantially complies with the park and recreation, open space, schools and utilities elements of the general plan; and

(2)

The topography, soils, soil stability, drainage, access, location and general utility of the land proposed for dedication; and

(3)

The size and shape of the development and land proposed to be dedicated; and

(4)

The availability of school playgrounds, public parklands and recreational trails in the area and whether or not these can be combined with the land proposed to be dedicated for park and recreational facilities; and

(5)

Privately owned park and recreational facilities permanently available and maintained for use by future residents of the development, including any partial credit to be applied pursuant to Section 6-1617 that has been approved by the city council; and

(6)

Credit to be applied pursuant to Section 6-1618 that has been approved by city council.

(b)

At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall also determine whether the provision of park facilities on dedicated parkland, or the payment of a fee, or a combination of both, is acceptable, including any private facility partial credit (Section 6-1617) or public facility credit (Section 6-1618) approved by the city council.

(Ord. No. 575, § 2, 7-28-2008)

The time and manner for satisfying the requirements imposed by this chapter upon the development of land are as follows:

(a)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as property offered for dedication for street and other public purposes.

(b)

When park facilities are to be provided, they shall be offered to the city at the time of recording of the final map or parcel map or issuance of the building permit, whichever occurs first.

(c)

When a fee is required, it shall be paid to the city at the time of the recording of the final map or parcel map or issuance of the building permit, whichever occurs first.

(Ord. No. 575, § 2, 7-28-2008)

(a)

A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the habitable area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition.

(b)

This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map approval of subdivision: If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to comply with this chapter before the permit is issued.

(c)

This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(d)

No fee, land dedication, nor park facility is required on a parcel for which the requirements of this chapter have previously been met, unless the owner proposes to build a residential structure to add habitable floor area to an existing dwelling unit or to build a second unit on the parcel. If a lesser fee was paid when a subdivision map was recorded the owner shall pay the difference between the amount previously paid and the amount required by the currently approved city fees.

(e)

No fee is required for additions to residences of less than 120 square feet of habitable space.

(Ord. No. 575, § 2, 7-28-2008)

The applicant shall provide a report on the schedule of development to the planning commission and parks, trails and recreation commission when submitting the final map to the city. At the time the city approves the final map, parcel map or building permit, the city shall designate when the owner must begin and complete development of the park, trails and recreational facilities, including either on-site or off-site park facilities.

(Ord. No. 575, § 2, 7-28-2008)

The fees and interest earned thereon shall be accounted for accordingly in a separate parkland dedication fund and park facilities fund by the city manager until committed by the city."

(Ord. No. 575, § 2, 7-28-2008)

(a)

The flood hazard areas of the city of Lafayette are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(b)

Watercourses include valued natural resources and specifically designated areas in which substantial flood damage may occur. The riparian lands and watercourses of the city may be subject to mandatory compliance with federal and state environmental laws and regulations and any amendments or additions thereto as may be established from time to time.

(c)

Flood hazard areas, riparian lands and watercourses of the city are subject to the applicable goals, policies, requirements and guidelines of the general plan, downtown specific plan, downtown creeks preservation, restoration and development plan, and any amendments or additions thereto as may be established in order to protect the public health, safety and general welfare.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

It is the purpose of this chapter to promote the public health, safety and general welfare, to implement compliance with applicable environmental and water quality laws and regulations, to effectuate applicable provisions of the general plan, downtown specific plan, downtown creeks preservation restoration and development plan, and other applicable land use ordinances and guidelines, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood-control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(f)

Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g)

Ensure that potential buyers are notified that property is in an area of special flood hazard;

(h)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

(i)

Protect persons and property along creek channels; and

(j)

Preserve and restore the natural environment along creeks, and watercourses and riparian lands in accordance with applicable laws, regulations, plans and guidelines and enumerated in [Section] 6-1801 hereinabove.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In order to accomplish its purposes, this chapter includes methods and provisions for:

(a)

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(b)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;

(d)

Controlling filling, grading, dredging and other development which may increase flood damage; and

(e)

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In this chapter, unless the context otherwise requires:

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the city engineer's interpretation of a provision of this chapter or a request for a variance.

"Area of shallow flooding" means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard." See "special flood hazard area."

"Area of special flood-related erosion hazard" means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the flood insurance rate map (FIRM).

"Base flood" means the flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" means any walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to break away without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2)

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Building." See "structure."

"Creek channel" means a creek shown on the city geographic information system map.

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.)

"Flood," "flooding" or "floodwater" means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

(2)

The condition resulting from flood-related erosion;

(3)

The collapse or subsidence of land along a body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazards and the floodway.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood insurance rate map (FIRM)" is the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

"Flood insurance study" is the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

"Flood-related erosion area" or "flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including, but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power which control development in flood-prone areas. This term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93 for guidelines on dry and wet floodproofing.)

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodway is delineated on the flood boundary and floodway map. Also referred to as "regulatory floodway."

"Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Article 6, Flood Hazard Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, but does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Article 6, Flood Hazard Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Improved creek channel" means a creek channel where the Contra Costa County Flood Control District or private parties have constructed and maintain flood and/or erosion protection systems within the channel. These systems consist of bank and channel reinforcement with gabion baskets or concrete structures that are designed to withstand a 100-year flood event. To be considered an improved creek channel the improvements must be maintained in good condition as determined by a licensed geotechnical engineer.

"Invasive plant" means one or more of the following plant species:

Tree-of-heaven (Ailanthus altissima)

Acacia species (Acacia melanoxylon, A. decurrens)

Giant reed (Arundo donax)

Algerian ivy (Delairea odorata)

Blue gum (Eucalyptus globulus)

English ivy (Hedera helix)

Glossy privet (Ligustrum lucidum)

Himalayan blackberry (Rubus armeniacus)

Elm (Ulmus sp.)

Periwinkle (Vinca major)

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement) (see "basement" definition).

(1)

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter, including, but not limited to:

(A)

The wet floodproofing standard in Section 6-1834(d);

(B)

The anchoring standards in Section 6-1832;

(C)

The construction materials and methods standards in Section 6-1833; and

(D)

The standards for utilities in Section 6-1836.

(2)

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"Native riparian plant" means a plant species typical of riparian lands that is indigenous to a Lafayette watercourse and listed in the City of Lafayette Homeowner's Creek Guide or Table 5-2 of the Downtown Creeks Preservation, Restoration and Development Plan or their subsequent amendments or revisions.

"New construction" means, for flood management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in this chapter.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year-flood" or "100-year-flood." See "base flood."

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Public safety and nuisance" as related to Article 6, Flood Hazard Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

"Recreational vehicle" means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riparian lands" means lands that occur along a watercourse and are delineated by the existence of plant species that differ from adjacent upland vegetation, because more surface or subsurface water is supplied to plants by their proximity to the associated watercourse. Typical examples include floodplains and creek banks. Riparian lands occur along natural watercourses, as well as along constructed water bodies such as ditches, canals and ponds.

"Riverine" means relating to, formed by or resembling a river (including tributaries), stream, creek, brook, etc.

"Sheet flow area." See "area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, A1-30, AE, AO, A99 or AH.

"Start of construction" includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" is the date on which the construction of facilities for serving the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.

"Structure" means (a) a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank as well as a manufactured home; (b) any other roofed building supported by columns, walls, or other foundation systems not intended for housing; or (c) retaining walls, foundations, and systems intended to be load bearing that do not support housing.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places or designated by the city as an historical landmark; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."

"Top of bank" means a point or line which is the beginning of a change in the slope of the land surface to a slope greater than 33 percent, then from which the land surface slopes downward toward a watercourse. When two or more slopes are located together or separated by a bench of less than 20 feet, the slope that is highest and farthest away from the toe of slope shall be the slope considered for the top of bank.

"Unimproved creek channel" means those channels that do not meet the definition of "improved creek channels."

"Variance" or "flood hazard variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

This chapter applies to all areas of special flood hazards within the jurisdiction of the City of Lafayette, California.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study—City of Lafayette, California, Contra Costa County," (FIS) dated July 2, 1987, and accompanying flood insurance rate map (FIRMs) and flood boundary and floodway maps (FBFMs), dated July 25, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The flood insurance study, FIRMs and FBFMs are on file at the city office, 3675 Mt. Diablo Blvd., Suite 210, Lafayette, CA 94549.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

No structure shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations and federal and state laws. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council of the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

This chapter is not intended to repeal, abrogate or impair existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In the interpretation and application of this chapter, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Lafayette, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency for flood damage that results from reliance on this chapter or an administrative decision lawfully made hereunder.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

A development permit must be obtained before construction or development begins within any area of special flood hazard established in Section 6-1812. Application for a development permit shall be made on forms furnished by the city engineer and may include, but not be limited to: plans drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a)

Site plan, including, but not limited to:

(1)

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

(2)

Proposed locations of water supply, sanitary sewer and utilities; and

(3)

If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

(4)

If applicable, the location of the regulatory floodway; and

(5)

Proposed impervious paving or other impervious surfaces; and

(b)

Foundation design detail, including, but not limited to:

(1)

Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

(2)

For a crawl-space foundation, location and total net area of foundation openings as required in Section 6-1834(d) and FEMA Technical Bulletins 1-93 and 7-93; and

(3)

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

(c)

Proposed elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed as required in Section 6-1834(c) and FEMA Technical Bulletin TB 3-93;

(d)

All appropriate certifications listed in Section 6-1823(c) of this chapter; and

(e)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The Lafayette city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The duties of the floodplain administrator include, but are not limited to:

(a)

Permit Review. Review of development permits to determine that:

(1)

The permit requirements of this chapter are satisfied;

(2)

All other required state and federal permits have been obtained;

(3)

The site is in compliance with local, state and federal floodplain regulations;

(4)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

(b)

Review, Use, and Development of Other Base Flood Data.

(1)

When base flood elevation data has not been provided in accordance with Section 6-1812, "Basis for establishing the areas of special flood hazard," the city engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article 4 of this chapter. Any such information shall be submitted to the city council of the city for adoption.

(2)

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining the Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Article 4:

(A)

Simplified Method.

(i)

One hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

(ii)

Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

(B)

Detailed Method.

(i)

One hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

(ii)

Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

(c)

Information to be Obtained and Maintained. The city engineer shall obtain and maintain for public inspection and make available as needed the following:

(1)

The certified elevation required in Section 6-1834(a) and (b), and Section 6-1838 (Lowest-floor elevations);

(2)

The floodproofing certification required in Section 6-1834(c) (Elevation or floodproofing of nonresidential structures);

(3)

The certification required in Section 6-1834(d) (Wet floodproofing standard);

(4)

The certification required in Section 6-1837(b) (Subdivision standards);

(5)

The certification required in Section 6-1839(a) (Floodway encroachments);

(6)

The certification required in Section 6-1834(a), (b), or (c) (Elevations in areas of shallow flooding).

(d)

Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the city engineer shall:

(1)

Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse,

(2)

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(3)

require that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained.

(e)

Interpretation of FIRM Boundaries. The city engineer shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6-1852(b).

(f)

Take action to remedy violations of this chapter as specified in Section 6-1813 of this chapter.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

Where uncertainty exists regarding the interpretation of a provision of this chapter or its application to a specific site, the city engineer shall determine the intent of the provision. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In all areas of special flood hazards the standards set forth in this article are required.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b)

All manufactured homes shall meet the anchoring standards of Section 6-1838.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

All new construction and substantial improvements shall be constructed:

(1)

With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

(2)

Using methods and practices that minimize flood damage;

(3)

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

(4)

Within Zone AO or Zone AH, adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(See Section 6-1804 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(a)

Residential construction, in cases of new or complete reconstruction, shall have the lowest floor, including basement,

(1)

In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.

(2)

In an A zone, elevated at least two feet above the base flood elevation, as determined by the community; the base flood elevation shall be determined by one of the methods in Section 6-1823(b).

(3)

In all other zones, elevated at least two feet above the base flood elevation.

Upon completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the city engineer.

(b)

Residential construction, in cases of substantial improvement, shall have the lowest floor, including basement:

(1)

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

(2)

In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 6-1823(b).

(3)

In all other zones, elevated to or above the base flood elevation.

Upon completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the city engineer.

(c)

Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with Section 6-1834(a) or (b), together with attendant utility and sanitary facilities:

(1)

Be floodproofed so that below the elevation recommended in Section 6-1834(a) or (b), the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the standards of Section 6-1834(c) are satisfied. Such certifications shall be provided to the city engineer.

(d)

All new construction and substantial improvements, fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:

(1)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or

(2)

Be certified by a registered professional engineer or architect.

(e)

Manufactured homes shall meet the standards in this section and also the standards in Section 6-1838.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

The storage or processing of materials that are in time of flooding buoyant, flammable or explosive or could be injurious to human, animal or plant life is prohibited.

(b)

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of floodwaters into the system, and

(2)

Discharge from systems into floodwaters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(b)

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and shall be provided to the city engineer.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

All manufactured homes that are placed or substantially improved, within Zones A1-30, AH and AE on the community's flood insurance rate map, on sites located:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood,

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated:

(1)

At least two feet above the base flood elevation for cases of new placement; or

(2)

At least above the base flood elevation for cases of substantial improvement; and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(b)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE, on the community's flood insurance rate map that are not subject to the provisions of paragraph Section 6-1838(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the

(1)

Lowest floor of the manufactured home is:

(A)

At least two feet above the base flood elevation for new placement; or

(B)

At least above the base flood elevation for substantial improvement; or

(2)

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

(c)

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(d)

All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map will either:

(1)

Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(2)

Meet the permit requirements of Article 3 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 6-838(a).

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

Located within areas of special flood hazard established in Section 6-1812 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

(a)

Encroachment, including fill, new construction, substantial improvements, and other new development is prohibited, unless certification by a registered professional engineer is provided demonstrating that the encroachment will not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge.

(b)

No manufactured home may be placed in a floodway.

(c)

If Section 6-1839(a) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all applicable flood hazard reduction provisions of this article.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

Flood-related erosion-prone areas in Lafayette are typically creeks and should comply with Article 5 of this chapter.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

As defined by Section 6-312 and Section 6-355, buildings and structures shall be set back from an unimproved creek channel as follows:

(1)

Channel Depth of Zero through 21 Feet. If the side slopes of the channel are steeper than 2:1 (horizontal:vertical), the width of the setback is determined by a line measured from the toe of the slope a distance of twice the channel depth plus the appropriate top-of-bank setback as follows:

If the side slopes of the channel are flatter than 2:1 (horizontal:vertical) the setback is as indicated in the table above, measured from the top of the bank.

(2)

Channel Depth Exceeding 21 Feet. If the depth of a channel exceeds 21 feet, the width of the setback is determined by measuring from the toe of the slope a distance of three times the channel depth.

(b)

If a parcel is subject to subdivision easements or setback requirements under Contra Costa County Ordinance Code Sections 914-14.002 through 14.014 which are inconsistent with Section 6-1841(a), those subdivision requirements control.

(c)

No structure other than fences, pervious surfaces, public access paths, trails, bioretention basins, bioswales, and drainage and erosion protection improvements may be constructed within the setback area. Landscaping (including trees and shrubs) is permitted within the setback area.

(d)

When California Government Code Title 7, Chapter 12 ceases to apply pursuant to Government Code Section 66301, "unimproved creek channel" in subsection (a) shall be replaced with "creek channel."

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

The city engineer may approve exceptions to the requirements of Section 6-1841 to allow construction of structures within the setback area if:

(1)

The submitted materials under Section 6-1842(c) are complete and adequate; and

(2)

The property owner agrees to enter into and record an agreement holding the city and other public agencies harmless in the event of flood or erosion damage. The agreement shall bind successors in interest and be in a form acceptable to the city attorney, and

(3)

If applicable, the property owner agrees to implement any conditions imposed under Section 6-1842(b) and 6-1843.

(b)

In approving an exception, the city engineer may impose conditions deemed necessary for erosion protection and on-site drainage, and for compliance with applicable laws, regulations, plans and guidelines. For parcels located in one of the four downtown commercial zoning districts, and in compliance with the downtown specific plan, downtown design guidelines, and downtown creeks preservation, restoration and development plan, the city engineer may consider additional conditions that include public access paths, trails, platforms or other improvements to allow viewsheds into a channel.

(c)

A person requesting an exception under this section shall submit to the city engineer:

(1)

A topographical survey of the lot precisely showing the creek bottom, sides, top of bank and proposed and existing structures or other development;

(2)

A soils report prepared by a licensed geotechnical engineer which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; and

(3)

Certification signed by the geotechnical engineer who prepares the soils report that, in the professional opinion of the geotechnical engineer, there is no likelihood of a hazard to persons or property resulting from the proposed construction.

(d)

The decision of the city engineer may be appealed to the city council as provided in Section 6-1852(b).

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

If a parcel has received an exception pursuant to Section 6-1842, is located in one of the four downtown commercial zoning districts and contains invasive plant species within the setback area, the invasive plants shall be removed from the setback area and the area revegetated as follows:

(1)

Vegetation removal shall be principally by hand and not by mechanized equipment;

(2)

Disturbed or bare areas shall be planted pursuant to a planting plan prepared by a licensed landscape architect, or certified professional landscape designer and submitted to the city engineer. The planting plan shall use native riparian plants spaced to provide 90 percent coverage of disturbed or bare areas 12 months after installation; and

(3)

Landscaping shall be maintained pursuant to a landscape maintenance agreement using a form provided by the city, signed and notarized by the property owner and recorded against the property. The agreement will require the property owner to preserve the vegetation shown in the plan, provide irrigation as needed and keep the setback area free of non-native vegetation and litter.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

The city council shall hear and decide appeals and requests for flood hazard variances from the requirements of this chapter. The city council shall hold a public hearing on an application for a flood hazard variance. The notice required for the public hearing is the same as the notice required for a variance permit under Section 6-211 of this title. The city engineer shall give notice of the public hearing for a flood hazard variance.

(b)

The city council shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. Such appeals must be made in writing to the city council within 14 calendar days of written notice of the city engineer's action.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In passing upon an application for a flood hazard variance under this chapter, the city council shall consider all the technical evaluations, all relevant factors, standards specified in other sections of this code, and:

(a)

The danger that materials may be swept onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(f)

The compatibility of the proposed use with existing and anticipated development;

(g)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(h)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(i)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site;

(j)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges;

(k)

The necessity to the facility of a waterfront location, where applicable; and

(l)

Substantial compliance with applicable laws, regulations, plans and guidelines.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

A flood hazard variance may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in Section 6-1853 are fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the flood hazard variance increases.

(b)

Upon consideration of the factors of Section 6-1853 and the purposes of this chapter, the city council may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this chapter.

(c)

The city engineer shall maintain the records of flood hazard variance actions, including justification for their issuance, and report any approved flood hazard variances to the Federal Insurance Administration, Federal Emergency Management Agency upon request.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places, the state Inventory of Historic Places, or the Lafayette historic landmark ordinance upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(b)

A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c)

A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

A flood hazard variance shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the flood hazard variance would result in exceptional hardship (as defined in Section 6-1804) to the applicant; and

(3)

A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances (as defined in Section 6-1804) under "Public safety or nuisance"), cause fraud on or victimization of the public (as defined in Section 6-1804), or conflict with existing local laws or ordinances.

(b)

Flood hazard variances may be issued for new construction, substantial improvements, and for other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section and Section 6-1855 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety and does not create a public nuisance.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

An applicant to whom a flood hazard variance is granted shall be given written notice over the signature of a community official that:

(1)

The structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and

(2)

Such construction below the base flood level increases risks to life and property.

(b)

A copy of the notice shall be recorded by the city clerk in the office of the Contra Costa County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The Hillside Overlay District is intended to protect the health, safety and welfare of the city by establishing regulations for the development of ridgeline, hillside and other rural residential areas within the city. The district is created and established to implement the goals, policies and programs of the general plan that relate to hillside and ridgeline development, development hazards and protection of open space lands and hillside residential areas.

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

The Hillside Overlay District shall overlay and be combined with the principal underlying zoning district for land located within the Hillside Overlay District. The Hillside Overlay District is shown on the Hillside Overlay District map and is indicated by the letters: H-O-D.

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

(a)

The regulations in this article apply in the Hillside Overlay District to (1) a residential lot existing on July 8, 2002, (2) a division of land into two or more lots and, (3) to the extent provided in Chapter 6-24, to a lot line adjustment approved after July 8, 2002. If there is a conflict between the regulations of the underlying principal zoning district and this article, this article controls.

(b)

If according to the Hillside Overlay District map, the H-O-D boundary does not correspond to a property line but instead divides a lot, the map governs the applicability of the regulations in this article. Development within the H-O-D boundary is subject to this article but development outside it is not. If any part of a proposed development is within the H-O-D boundary, the entire development is subject to this article. 6-2013

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

(a)

Permitted Uses. The uses permitted in the Hillside Overlay District are those uses permitted in the underlying principal zoning district.

(b)

Uses requiring a Land Use Permit. The planning commission may grant a land use permit for a conditional use in the Hillside Overlay District that is permitted in the underlying principal zoning district with the benefit of a land use permit.

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

(a)

Development within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.), except when:

(1)

The construction does not require a building or grading permit; or

(2)

The construction is entirely within the interior of an existing structure; or

(3)

The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure.

(b)

Major landscaping within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.)

(c)

All development and new vegetation within a class I or class II ridgeline setback requires a hillside development permit and grant of exception, if required, except when:

(1)

The construction is entirely within the interior of an existing structure, or

(2)

The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure.

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

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)

This article applies within the Hillside Overlay District for lots of record existing on July 8, 2002.

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

The width, depth, height, yard and parking requirements for a lot of record are those requirements imposed by the underlying zoning district. The minimum lot area is the lot area existing on July 8, 2002.

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

The hearing authority may impose additional requirements if it finds that the property requires 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 development on an existing lot of record in the Hillside Overlay District the hearing authority shall make the findings required by Section 6-2071.

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

(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)

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)

This article governs the procedure for the grant of an exception under Sections 6-2023 and 6-2024. The provisions of Articles 1, 2 and 3 of Chapter 6-2 of this code (Sections 6-201 through 6-238) governing applications and permits apply to the grant of an a exception under this article to the extent those provisions are not inconsistent with this article.

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

(a)

The city shall prescribe the form of application requesting the grant of an exception under this chapter. The applicant shall be required to pay all costs of the city's processing of the application including verification of the information submitted and economic analysis.

(b)

The applicant shall provide information that sets forth the basis upon which the applicant believes that the exception is necessary to provide the property with economically viable use. This information shall include each of the following:

(1)

Basis for application.

(A)

Date of acquisition of the property;

(B)

Purchase price of the property; and

(C)

An explanation of how the exception is necessary to avoid depriving the property of all economically viable use and the extent to which the exception is necessary to avoid an unconstitutional taking of property.

(2)

Economic data: 6-2082

(A)

Current market value of the property;

(B)

Dates and amounts of invested capital following acquisition of the property;

(C)

Description and amount of each assessment imposed upon the property for public improvements;

(D)

Existing activities for the property;

(E)

Planned activities for the property including the timing for development;

(F)

Market value claimed if the exception is denied; and

(G)

Portion of the property retaining economic use if the exception is not granted.

(3)

Additional Information. Such additional information as the city may request in order to take action on the request. The applicant shall cooperate with city requests for financial information regarding the property. Confidential business information provided by an applicant to the city shall remain confidential consistent with the requirements of the Public Records Act (Government Code § 6250 et seq.)

(4)

Consultants and Experts. The name, address and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application.

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

The city shall give notice of the filing of an application in the manner prescribed by Section 6-211 and shall be given by posting and mailing as prescribed in Section 6-211(a), (2) and (3) of the Lafayette Municipal Code.

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

The planning commission shall act on the original application with the right of an aggrieved party to appeal the decision of the planning commission to the city council.

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

In acting upon an application, the planning commission shall consider, among other matters, each of the following:

(a)

Present use of the property and duration of that use, including:

(1)

Each general plan designation and zoning classification applied to the property; and

(2)

Each use to which the property was put;

(b)

Fair market value of the property before the restriction that is the subject of the exception application imposed;

(c)

Alternate uses that are available for the property; and

(d)

The fair market value of the property if the exception is denied.

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

The planning commission shall make its decision based on the evidence presented to it. The decision shall be in writing with specific findings on the economic impact of the application of the restriction for which the exception is requested.

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

The time limit for judicial review of the decision on the application is governed by Code of Civil Procedure § 1094.6(b).

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

The city council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, sites, buildings, structures, works of art and other objects having a special historical or archeological community interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to provide a means to:

(a)

Delay the sudden, arbitrary, impetuous and capricious destruction or removal of historical and archeological landmarks; and to control or delay the remodeling thereof when such action would have the effect of destroying or changing the landmark;

(b)

Safeguard the heritage of the city by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art and other objects or things which reflect elements of the city's cultural, historical, archeological, social, economic, political, agricultural, military, educational or architectural history;

(c)

Protect and enhance the city's attractiveness to residents, tourists and visitors;

(d)

Enhance the visual and aesthetic character, diversity and interest of the city;

(e)

Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic and cultural dimensions;

(f)

Promote the use and preservation of historic and/or archeological locations, places, sites, structures, objects or things for the education and general welfare of the people of the city;

(g)

Take necessary steps to safeguard the property rights of the owner whose property is declared to be a "landmark."

(Ord. 159 § 1 (part), 1976)

For purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:

(a)

"Environmental change" means any change in the design or elevation of or the exterior remodeling of any building; or the destruction or removal of such building; or any physical change in the grounds for which some land use entitlement, such as a grading permit, a building permit or site plan approval is required.

(b)

"Landmark" means any location, area, place, site, building, structure, monument, work of art and other object or thing which has been designated as a historical landmark pursuant to this chapter.

(Ord. 159 § 1 (part), 1976)

In considering the designation of any area, location, site, place, building, structure, work of art or similar object as a landmark, the city council shall apply the following criteria with respect to such property:

(a)

Its character, interest or value as part of the development, heritage or cultural characteristics of the city, the state or the United States of America;

(b)

Its location as an area, place or site of a significant historic event;

(c)

Its identification with a person or persons who significantly contributed to the culture, history and development of the city;

(d)

Its exemplification of the cultural, educational, economic, patriotic, social or historic heritage of the city;

(e)

Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(f)

Its embodiment of distinguishing characteristics of an architectural type of specimen;

(g)

Its identification as the work of an architect or master builder whose individual work has influenced the development of the city;

(h)

Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

(i)

Its relationship to other distinctive locations, areas, places and sites which are eligible for preservation according to a plan based on a historic, educational, patriotic, cultural or architectural motif;

(j)

Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, or of the entire city.

(Ord. 159 § 1 (part), 1976)

Proposals for the designation of landmarks may be made by (a) the owner of the property proposed to be so designated, or (b) the Lafayette Historical Society.

(Ord. 159 § 1 (part), 1976)

A property owner who wishes to have his property designated as a landmark shall submit a written request therefor to the city council. The request shall clearly identify the proposed landmark, and shall set forth the reasons justifying the proposed designation. The city council shall promptly refer any nomination by an owner to the Lafayette Historical Society for investigation and recommendation.

(Ord. 159 § 1 (part), 1976)

The Historical Society shall have a period of six months to investigate and make a recommendation upon any landmark nomination submitted by an owner.

(Ord. 159 § 1 (part), 1976)

The Lafayette Historical Society is requested and encouraged to propose, from time to time, the designation of landmarks, especially when there is a community interest in acquiring the property or otherwise arranging for its permanent preservation. Such proposals shall be in written form, clearly identifying the property and setting forth the justification for the proposed landmark designation.

(Ord. 159 § 1 (part), 1976)

The city council shall give notice of, and hold, a public hearing on each nomination for landmark designation. If the nomination is submitted by the owner, the hearing shall be held within 30 days after the recommendation from the Historical Society has been received, or within 210 days after the nomination was received, whichever is earlier. If the nomination is submitted by the Historical Society, the hearing shall be held within 30 days after receipt of the nomination.

(Ord. 159 § 1 (part), 1976)

The city manager shall give notice of the time and place of the hearing at least ten days in advance thereof by:

(a)

Mailing a copy of the notice to the owner of record of the subject property;

(b)

Posting a copy of the notice on a public street in a location which is as close as reasonably possible to the front or entrance to the subject property; and

(c)

Arranging for the publication of the notice as a legal advertisement in a newspaper of general circulation published and circulated in the city.

(Ord. 159 § 1 (part), 1976)

The city council shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions for and against the proposed landmark designation. The hearing may be continued from time to time.

(Ord. 159 § 1 (part), 1976)

Within 30 days after the conclusion of the hearing, the council, using the criteria set forth in Section 6-2111, shall by resolution either designate the property as a landmark or reject the nomination. Each resolution designating a landmark shall set forth the effects of the designation pursuant to Article 3 of this chapter.

(Ord. 159 § 1 (part), 1976)

Upon the designation of a landmark by resolution, the city manager shall send certified copies of the resolution to the county building inspector, the owner of the property and the Historical Society, and shall cause a copy of the resolution to be recorded in the office of the county recorder.

(Ord. 159 § 1 (part), 1976)

Before any person who owns, rents or occupies property which has been designated as a landmark makes any environmental change in such property, he must procure a certificate of appropriateness from the city council with respect to such environmental change.

(Ord. 159 § 1 (part), 1976)

An application for a certificate of appropriateness shall be made in writing to the Lafayette Historical Society, with a record copy to the city council. The application shall be accompanied by such supporting information as will be required in order to obtain the land use entitlement required for the environmental change.

(Ord. 159 § 1 (part), 1976)

Within 30 days after receiving the application, the Lafayette Historical Society shall recommend in writing to the city council whether the application should be approved, conditionally approved or denied; and shall indicate the reasons for its recommendation.

(Ord. 159 § 1 (part), 1976)

Within 30 days after receiving the recommendation of the Historical Society, or within 60 days after receiving the record copy of the application, whichever is earlier, the city council shall either approve, conditionally approve, or deny the application.

(Ord. 159 § 1 (part), 1976)

The city council shall issue a certificate of appropriateness, either with reasonable conditions or without conditions, if it finds that the environmental change proposed by the applicant:

(a)

Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or

(b)

Is the necessary and appropriate method of remedying conditions determined in writing by the county building inspection department, Contra Costa County consolidated fire district, or the county health department to be dangerous to life, health or property.

(Ord. 159 § 1 (part), 1976)

If the city council finds that the proposed environmental change complies with neither of the requirements of Section 6-2135, it shall by motion deny the application and the proposed environmental change shall not be made.

(Ord. 159 § 1 (part), 1976)

The city manager shall send written notification of the action of the city council on an application for a certificate of appropriateness to the applicant, the Historical Society and the official or body authorized to act on the land use entitlement needed for the proposed environmental change.

(Ord. 159 § 1 (part), 1976)

The city council shall request exemptions from requirements of the adopted construction codes for buildings or structures constituting designated landmarks when it appears such exemptions are necessary to the preservation of historical features or elements of the landmark. Such exemptions shall be granted by the county building inspector if, in his opinion, they will not result in any condition which is hazardous to life or property.

(Ord. 159 § 1 (part), 1976)