SUPPLEMENTAL MATERIAL - Laserfiche WebLink

' The controls stated herein shall apply to all hillside areas for which major ridgeline preservation has been designated on the Official Zoning Map. (b) Principal uses permitted. The principal uses permitted in the Ridgeline and Open Space Preservation (RP) District shall be the same as those permitted in the underlying base district, except that no structures or construction activity of y kind, including but not limited to grading, are permitted. ) Specific prohibition. No construction activity, including but not limited to grading; on any major ridgeline so designated on the General Plan Map shall be allowed more specifically, no construction activity, including but not limited to grading, shall be permitted within 200 feet (horizontal) of a General Plan designated ridgeline, or as designated on a final City subdivision map in accordance with required development conditions, except as allowed under subsection (e) Exemptions. (d) Applicability. Notwithstanding the specific prohibitions set forth in subsection (c) above, exceptions may be granted in accordance with the following procedure: (1) An applicant may file an application for an exception with the Department of Planning Services. Said application shall be fled on forms and submitted with information as required by the department. (2) Applications shall be heard following public hearings pursuant to Section 9 -3.335 Public Hearing Procedures by the City Planning Commission. The Planning Commission shall forward its recommendation to the City Council for approval, conditional approval, or denial. (3) Required findings. An application for an exception shall not be approved by the City Council unless the following findings can be made: (A) Proposed grading does not encroach into a designated ridgeline except in those instances where an arterial roadway identified by the Circulation Element of the General Plan, or other required roadway as determined necessary by the City to protect the public health, safety and general welfare, or where necessary for remedial grading. Special grading techniques are to be used to mitigate their impact and create a natural appearance with the contouring and blending of grades and landscaping with the existing topography; and /or (B) Any construction activity, including but not limited to grading, proposed to encroach into the 200 -foot horizontal buffer adjacent to a designated ridgeline satisfies the following minimum criteria: (i) No structure, as defined by the Uniform Building Code, encroaches visually upon a designated ridgeline by interrupting its skyline profile as viewed by surrounding valleys, (ii) Any construction activity, including but not limited to grading, does not encroach upon the ridgeline profile and shall be contoured in such a manner as to provide a natural appearance. Said design as a minimum includes the use of variable lope gradients, rounding of tops and toes of slopes, blending of contours with the natural topography; and ) The application is compatible with all provisions of the Conservation and Open Space Element of the General Plan. ) Grading and construction will not occur in areas within or adjacent to the 200 buffer where the approval of a final subdivision reap required the dedication of open space areas. (e) Exemptions. The following are exempt from the provisions of this section: (1) Previously- approved projects exempted. Any development proposal calling for the construction of a structure in a ridgeline area having already received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of this section shall be exempt. (2) Minor fences. Fences of an open agricultural nature may be permitted subject to approval by the Planning Director. (3) City open space projects. Open space projects of City -owned property that is subject to review under Section 9 -2.337 Public Improvement Plans and Outside Agency Development Review. (§ 2, Ord. 869) CITY OF NOVATO 19.26 Hillside and Ridgeline Protection. 19.26.010 Purpose of Division. The standards of this division are intended to: A. Protect the city's scenic resources and distinctive environmental setting by preserving ridgelines and scenic vistas in their natural state, limiting development in hillside areas and encouraging retention of natural topographic features and vegetation; B. Reduce the potential for hazards and environmental degradation related to slope failure, increased erosion, sedimentation, stormwater run -off, fire hazards, loss of vegetation, excessive grading, visual intrusion of structures, and potential for traffic hazards; C. Provide for compatibility of land uses, maintain privacy for property owners where feasible and preserve public views of hillsides, ridgelines, and natural vegetation; D. Provide for safe, convenient and structurally sound development in hillside areas and minimize risk from natural disasters; iiMinimize grading and encourage grading practices and design techniques that are appropriate in hillside areas; Provide for proper maintenance and fire management and minimize public expense for long -term maintenance of slope areas and public improvements in hillside areas. (Ord. No. 1441, § 2(A); Ord. No. 1461, § 2(A); Ord. No. 1480, § 2(A)) 3