§ 23.04.210. Visual Resources.

The following standards apply within Critical Viewsheds, Scenic Corridors and Sensitive Resource Area (SRA) Combining Designations that are intended to protect visual resources, as identified in this title, the Official Maps, Part III of the Land Use Element, or the area plans of the Local Coastal Plan.

a.

Applicability of standards. The following standards apply to new development required by the Coastal Zone Land Use Ordinance to have a land use permit, except that the following are exempt from some or all of the standards (a)-(d):

(1)

Agricultural accessory structures that are 600 square feet or less in area, or other minor agriculturally-related development (e.g., fencing, wells).

(2)

Project not visible. An exemption from the standards in the following subsections c(1), (2), (4), and (5) may be granted if documentation is provided demonstrating that the development will not be visible from the shoreline, public beaches, the Morro Bay estuary, any of the roads specified in the applicable area plan planning area standards for Critical Viewsheds, Scenic Corridors or SRA's that are intended to protect visual resources. Such documentation shall be prepared by a qualified professional acceptable to the Planning Director and at a minimum shall provide scaled topographic and building elevations with preliminary grading, drainage, and building plans. An exemption from the standard in subsection c(6) may be granted if the preceding documentation is provided, and if it is determined by the Planning Director that open space preservation within the Critical Viewshed or SRA is not otherwise needed to protect the scenic and visual resource, sensitive habitat or watershed, as identified in the area plans.

b.

Permit requirement. Minor Use Permit approval, unless Development Plan approval is otherwise required by this title or planning area standards of the area plans. The land use permit or land division application shall include the following:

(1)

A landscaping plan, grading and drainage plan, lighting plan fencing plan, and visual analysis, including the use of story-poles as required, that is prepared by a licensed architect, a licensed landscape architect or other qualified professional acceptable to the Director of Planning and Building. The plans and visual analysis shall be used to determine compliance with the following standards.

c.

Standards for Critical Viewsheds and SRAs for protection of visual resources. The following standards apply within areas identified as Critical Viewsheds or SRAs in the area plans for protection of visual resources.

(1)

Location of development. Locate development, including, but not limited to primary and secondary structures, accessory structures, fences, utilities, water tanks, and access roads, in the least visible portion of the site, consistent with protection of other resources. Emphasis shall be given to locations not visible from major public view corridors. Visible or partially visible development locations shall only be considered if no feasible non-visible development locations are identified, or if such locations would be more environmentally damaging. New development shall be designed (e.g., height, bulk, style, materials, color) to be subordinate to, and blend with, the character of the area. Use naturally occurring topographic features and slope-created "pockets" first and native vegetation and berming second, to screen development from public view and minimize visual intrusion.

(2)

Structure visibility. Minimize structural height and mass by using low-profile design where feasible, including sinking structures below grade. Minimize the visibility of structures by using design techniques to harmonize with the surrounding environment.

(3)

Ridgetop development. Locate structures so that they are not silhouetted against the skyline or ridgeline as viewed from the shoreline, public beaches, the Morro Bay estuary, and applicable roads or highways described in the applicable planning area standards in the area plans, unless compliance with this standard is infeasible or results in more environmental damage than an alternative.

(4)

Landscaping for hillside and ridgetop development. Provide screening of development at plant maturity using native vegetation of local stock, non-invasive, or drought-tolerant vegetation without obstructing major public views (e.g., screening should occur at the building site rather than along a public road). The use of vegetation appropriate to the site shall be similar to existing native vegetation. Alternatives to such screening may be approved if visual impacts are avoided through use of natural topographic features and the design of structures. Provisions shall be made to maintain visual screening for the life of the development.

(5)

Land divisions and lot-line adjustments - cluster requirement. New land divisions and lot-line adjustments where the only building site would be on a highly visible slope or ridgetop shall be prohibited. Land divisions and their building sites that are found consistent with this provision shall be clustered in accordance with Chapter 23.04 or otherwise concentrated in order to protect the visual resources.

(6)

Open space preservation. Pursuant to the purpose of the Critical Viewshed or SRA to protect significant visual resources, sensitive habitat or watershed, open space preservation is a compatible measure. Approval of an application for new development in these scenic coastal areas is contingent upon the applicant executing an agreement with the county to maintain in open space use appropriate portions of the site within the Critical Viewshed or SRA (for visual protection). Guarantee of open space preservation may be in the form of public purchase, agreements, easement controls or other appropriate instrument approved by the Planning Director, provided that such guarantee agreements are not to provide for public access unless acceptable to the property owner or unless required to provide public access in accordance with the LCP..

d.

Standards for scenic corridors. The following standards apply within areas identified as Scenic Corridors in the area plans for protection of visual resources.

(1)

Setback. Where possible, new development shall be set back a minimum of 100 feet from the edge of the right-of-way of the road along which the Scenic Corridor is established in the area plans, or a distance as otherwise specified in the area plan planning area standards. If there is no feasible development area outside of this setback, the project shall be located on the rear half of the property as long as the location is not more environmentally damaging. New development allowed in visible areas shall provide a landscaping screen consistent with the requirements of c(4) above. A landscaping plan in accordance with these requirements and the requirements of Chapter 23.04 shall be provided at the time of building permit application submittal.

(2)

Signs. Signs that are required to have a land use permit, especially freestanding signs, shall be located so as to not interfere with unique and attractive features of the landscape, including but not limited to unusual landforms, sensitive habitats, and scenic vistas from the road along which the Scenic Corridor is established.

[Amended 2004, Ord. 3048]

e.

General Visual Standards for Coastal Development. Notwithstanding subsections (a)-(d) above, all development requiring a coastal development permit must be consistent with the requirements of Coastal Plan Visual and Scenic Resource Policies 1-11 as applicable.

[Amended 2004, Ord. 3048]