Chapter 18.37
VISUAL RESOURCE PROTECTION STANDARDS

Sections:

18.37.010    Purpose and intent.

18.37.015    Applicability.

18.37.020    Visual resources areas.

18.37.025    Beach viewshed area standards.

18.37.030    Scenic corridor standards.

18.37.035    Upland slopes standards.

18.37.040    Old downtown standards.

18.37.045    Significant plant communities.

18.37.050    Landscape design standards.

18.37.055    Screening standards.

18.37.060    Standards for utilities, lighting and signs.

18.37.070    Standards for telecommunications facilities.

18.37.010 Purpose and intent.

The specific purpose and intent of these visual resource protection standards are to:

A.    Protect the scenic and visual qualities of coastal areas as a resource of public importance.

B.    Ensure that new development is located so as to protect views to and along the ocean and scenic coastal areas.

C.    Minimize the alteration of natural land forms.

D.    Restore and enhance visual quality in visually degraded areas.

E.    Allow development only when it is visually compatible with the character of the surrounding areas. (1996 zoning code (part)).

18.37.015 Applicability.

Development projects, including additions and remodeling, are subject to the standards for review by the community development director and planning commission, who may consider the recommendation of any city council appointed advisory committee or commission, as set forth in this title. In addition, all new development projects within or adjacent to visual resource areas shall meet the visual resource standards established within this chapter. (Ord. C-2019-03 §2(Exh. A)(part), 2019: 1996 zoning code (part)).

18.37.020 Visual resources areas.

The community development director shall prepare and maintain maps of all designated visual resource areas within the city, based upon the visual resources overlay map contained in the city’s local coastal program land use plan. Visual resource areas within the city are defined as follows:

A.    Scenic Corridors. Visual resource areas along the Highway One corridor and scenic beach access routes, defined as follows:

1.    Highway One Corridor. Located on both sides of Highway One, for a distance of two hundred yards in those areas where Highway One is designated as a scenic highway by the state of California and in those areas shown on the visual resources overlay map in the city’s local coastal program land use plan.

2.    Broad Ocean Views. Areas providing broad ocean views from Highway One, as indicated on the visual resources overlay map in the city’s local coastal program land use plan. Specifically, these areas are located within the following boundaries:

a.    Between the breakwater in Pillar Point Harbor on the north to Magellan Avenue on the south.

b.    Between the southerly edge of the city of Naples subdivision on the north and Sweetwood State Park on the south.

c.    Between Frenchman’s Creek on the north and Wave Avenue of El Mar Beach Subdivision on the south.

3.    Scenic Coastal Access Routes. Primary access routes from Highway One to major parking facilities adjacent to the state beaches: Young Avenue, Venice Boulevard, and Kelly Avenue; and secondary access routes from Highway One to minor parking facilities: Wavecrest Road, Redondo Beach Road, Miramontes Point Road.

B.    Upland Slopes. Scenic hillsides which are visible from Highway One and Highway 92, as indicated on the visual resources overlay map. These areas occur include hillside areas above the one hundred sixty foot elevation contour line which are located:

1.    East of the proposed Foothill Boulevard, comprising portions of Carter Hill and Dykstra Ranch properties.

2.    Southeast of Pilarcitos Creek and east of Arroyo Leon, comprising a portion of land designated as open space reserve in the land use plan.

3.    East of the Sea Haven Subdivision, being a portion of the Gravance property designated urban reserve in the land use plan.

4.    East of the Nurseryman’s Exchange properties and lower Hester-Miguel lands, comprising all of the upper Hester-Miguel lands designated as open space reserve in the land use plan.

C.    Planned Development Areas. New development within planned development areas shall be subject to development conditions as stated in the local coastal program land use plan for each planned development, to design review standards set forth in this title, and standards set forth in this chapter regarding landscaping, signs, screening, lighting, parking areas and utilities.

D.    Old Downtown. The historic downtown area, once known as “Spanish Town,” is a visual resource area identified on the city’s land use plan visual resources overlay map. The old downtown is included within the larger planning area of the Half Moon Bay downtown specific plan. However, the “old downtown” referred to in this chapter pertains specifically to the following area:

1.    Properties on both sides of Main Street, bounded on the north by Pilarcitos Creek and extending several properties south of Correas Street where historic buildings exist as visual resources.

2.    Properties on both sides of Kelly and Miramontes Streets, bounded by Church Street to the west and extending several properties east of San Benito Street where historic buildings exist as visual resources.

3.    Properties on both sides of Purissima, Johnston and San Benito Streets, bounded by Kelly Street to the north and several properties to the south of Correas Street where historic buildings exist as visual resources. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.37.025 Beach viewshed area standards.

A.    Structures shall be set back from the bluff edge far enough to ensure that the structure does not infringe on views from the beach and along the bluff top parallel to the bluff edge. In areas where existing structures on both sides of the proposed structure already impact public views from the beach or along the bluff top, new structures shall be located no closer to the bluff edge than adjacent structures.

B.    Parking facilities and recreational structures, including campers, located in public regional recreational areas, private recreational areas, visitor-serving commercial areas and other developments shall be sited and designed to minimize visibility from the beach.

C.    No off-premises outdoor advertising shall be permitted. This includes kiosks in beach viewshed areas. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

D.    New development shall be sited and designed so as to avoid or minimize destruction or significant alteration of significant existing plant communities identified in the local coastal program land use plan and general plan. (1996 zoning code (part)).

18.37.030 Scenic corridor standards.

Public views within and from scenic corridors shall be protected and enhanced, according to the following standards:

A.    Development within areas shown on the visual resources overlay map as providing broad ocean views. Development may not significantly obscure, detract from, or negatively affect the quality of broad ocean views. All new development shall be reviewed by the planning commission for conformance with the following criteria:

1.    Structures shall be sited and designed to preserve unobstructed broad views of the ocean and shall be clustered to the maximum extent feasible.

2.    A landscaping plan shall be provided which incorporates landscaping species which, when mature, will not interfere with public views of the ocean.

3.    Within the mapped area of the visual resources overlay map, building height shall not exceed one story or fifteen feet, unless an increase in height would not obstruct public views to the ocean from the highway or would facilitate clustering of development which would result in greater view protection. The building height may be increased upon approval by the planning commission, if findings are made that greater view protection will result or public views will not be obstructed, but in no case shall building height exceed a height of twenty-eight feet.

B.    Development within the Highway One corridor and scenic corridors along all designated shoreline access routes as indicated on the visual resources overlay map where existing permits or development does not exist. In general, structures shall be:

1.    Situated and designed to protect any views of the ocean and scenic coastal areas. Where appropriate and feasible, the site plan shall restore and enhance the scenic quality of visually degraded areas.

2.    Located where least visible from the public view. Development shall not block views of the shoreline from scenic road turnouts, rest stops or vista points.

3.    Designed to be compatible with the environment, in order to maintain the natural features such as streams, major drainage, mature trees, and dominant vegetative communities.

4.    Set back an appropriate distance from the Highway One right-of-way and from scenic beach access routes in accordance with the intent of this chapter.

5.    Designed to maintain a low height above natural grade, unless a greater height would not obstruct public views.

C.    Access Roads and Vegetation.

1.    Removal of existing vegetation within roadway right-of-ways is prohibited, except where permitted for new landscaping or fire protection and in those areas required for road and shoulder alignment or as required for reasons of safety.

2.    The number of access roads to a scenic corridor shall be minimized wherever possible. Access roads serving new development shall be combined with the intent of minimizing intersections with scenic roads, prior to junction with a scenic corridor unless severely constrained by topography. Traffic loops shall be used to the maximum extent possible so that dead-end roads may be minimized.

3.    Curved approaches to scenic corridors shall be used in conjunction with native planting to screen access roads from view wherever practical. Additional planting may be required where existing planting is considered insufficient. Planting shall be placed so that it does not constitute a safety hazard.

4.    Screening as required under this section should not consist of solid fencing, rather it should be of natural materials of the, area, preferably natural vegetation in conjunction with low earth berms.

5.    Selective clearing of vegetation which allows the display of important public views may be permitted.

6.    Landscaping and screening suitable to the site and compatible with the surrounding area shall be used to soften the visual effect of development within a scenic corridor.

7.    Landscaping which establishes scenic gateways and corridors is encouraged to enhance the scenic quality of scenic corridors.

D.    Signs. No off-premises outdoor advertising shall be permitted. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

E.    Parking Lots. All commercial or public parking lots shall be landscaped and screened with berms, if necessary, to minimize visual intrusion within scenic corridors. (1996 zoning code (part)).

18.37.035 Upland slopes standards.

New development shall meet the following criteria:

A.    Grading or creation of a building site which results in significant alteration of the natural terrain shall not be allowed. Structures shall be subordinate in appearance to the natural land form and shall follow existing natural contours.

B.    Structures and roads shall be designed to fit the topography of the site with minimal cutting, grading, or filling for construction. Pitched, rather than flat roofs, which are surfaced with nonreflective materials except for solar energy devices shall be encouraged.

C.    Structures shall be sited so as to not intrude or project above the ridge line skyline as seen from Highways One and 92.

D.    Tree stands shall be preserved wherever possible. Where trees must be removed for building purposes, reforestation with indigenous or naturalized species shall be provided as part of new development in order to maintain forested appearance of the hillside.

E.    Structures shall be concentrated into clusters to preserve larger areas of open space.

F.    The padding or terracing of building sites shall be prohibited, unless it is determined that there are no feasible and reasonable alternatives.

G.    Within the Dykstra Ranch, Carter Hill and Nurserymen’s Exchange planned unit development areas, no development shall occur above the one hundred sixty-foot contour line, nor on slopes of twenty-five percent or greater.

H.    No off-premises outdoor advertising shall be permitted. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized. (1996 zoning code (part)).

18.37.040 Old downtown standards.

A.    Design approval of new development, alterations to existing structures and proposed demolitions within the old downtown shall be in accordance with the following criteria:

1.    Scale and style shall be similar to that of the predominant older structures within the immediate vicinity.

2.    Continuity in building lines shall be maintained along Main Street.

3.    Existing older buildings which contribute significantly to the character of the area, as described in the historic resources ordinance and inventory, shall not be demolished or altered in a manner which eliminates key architectural features, unless it is shown on a case by case basis that it is financially unfeasible to maintain such buildings due to requirements for seismic retrofitting of unreinforced masonry or for Americans with Disabilities Act requirements.

B.    In addition to the above criteria, the downtown specific plan and historic resources ordinance contains preservation, design, and land use standards guiding new development and maintenance of historic sites within the downtown area. New development, additions and remodels in the downtown planning area shall be subject to the policies of the downtown specific plan and historic resources ordinance, and any design guidelines which may be developed to implement the downtown specific plan and historic resources ordinance.

C.    New development, additions and remodels in the downtown area shall also be evaluated using the design review standards set forth in this title, and shall be subject to the standards set forth in this chapter regarding landscaping, signs, screening, lighting, parking areas and utilities.

D.    No off-premises outdoor advertising shall be permitted, except temporary signs or signs approved by the city as a part of any directional sign program or special events sign program encouraged in policies of the city downtown specific plan. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized. (1996 zoning code (part)).

18.37.045 Significant plant communities.

A.    Preservation of Significant Plant Communities. Significant plant communities including riparian vegetation along stream banks and bodies of water, notable tree stands, and unique species shall be preserved wherever possible.

1.    Chapter 9 of the Half Moon Bay local coastal program land use plan establishes the following existing significant plant communities:

a.    Cypress stands or rows in Miramar Beach, North Wavecrest, and Arleta Park/Miramontes Terrace South west of Railroad Avenue.

b.    Eucalyptus stands or rows along Naples Creek (Guerrero Avenue Site), and in North Wavecrest.

c.    Riparian vegetation located adjacent to all bodies of water, intermittent or perennial, man-made or natural.

2.    Other significant plant communities include:

a.    Cypress rows located elsewhere in the city including but not limited to along Highway 92 on the Pilarcitos Cemetery property and Nurseryman’s Exchange property, and along Highway One on Cunha School property.

b.    Groupings of native trees, such as Coast live oak, Holly oak, California sycamore, and Monterey pine, where they may occur in the city.

c.    California wild strawberry located on bluffs within the city.

B.    Plant Communities Preservation Guidelines.

1.    Evaluation. As a part of the environmental review process for a proposed development, any notable tree stand or hedgerow, riparian vegetation or wild strawberry patch shall be evaluated by a qualified biotic resources professional such as a registered forester for trees, a botanist or other vegetation specialist for other significant plant communities. The qualified professional shall be under contract with the city, at the expense of the project applicant, and shall determine if preservation of the significant plant community may be possible or desirable. If the applicant has retained the services of a biotic resources professional to prepare a report prior to the submittal of permit applications, the city may enter into contract with a second professional to confirm the findings of the earlier report, at the city’s expense. Evaluation of trees on public right-of-way or city property shall be performed at the expense of the city.

2.    Report Required. Reports prepared by a qualified biotic resources consultant shall disclose the following:

a.    For tree rows and tree stands, the number, age and expected remaining life span, location, and condition of the trees shall be disclosed. If it is determined that the trees may be saved but need to be trimmed or stabilized in other ways, the report shall describe any necessary trimming or other preservation device such as wiring. If the trees are proposed to be removed, the report shall evaluate each of the trees, condition with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, age or remaining life span, and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite. For the removal of blue gum trees, the report shall present an evaluation as to the spreading of blue gum trees and invasion into or displacement of the habitat of native species on the site. Additional reporting requirements listed below and in municipal code Chapter 12.16, Section 12.16.030C shall be required for any development affecting trees on city property or public right-of-way.

b.    For other plant communities, the extent of the area covered by unique species, or the limit of riparian vegetation where fifty percent of the vegetative cover in an area is made up of riparian species, namely, California cord grass, Red alder, Jaumea, Pickle weed, Big leaf maple, Narrowleaf cattail, Arroyo willow, Broadleaf cattail, Horsetail, Creek dogwood, Black cottonwood, and Box elder. Report requirements contained in this title under Chapter 18.38, Coastal Resource Conservation Standards, shall be applicable.

3.    Siting of Development. Parking lots, buildings, utility lines and other development shall be sited so as not to disturb existing notable tree stands including their root systems, nor to intrude upon riparian vegetation or the habitat of existing unique vegetative species. A landscape plan shall be prepared in accordance with Section 18.37.050 of this chapter. Where no feasible alternatives exist but for development to be located on a site such that the health of existing tree stands or rows will be negatively impacted, city permits for removal and replacement of vegetation shall be obtained by the applicant. Performance standards within riparian habitats, riparian buffer zones and unique species habitats are contained in Chapter 18.38, Coastal Resource Conservation Standards, of this title.

4.    Pruning and Removal--Permits. If the report listed in subsection (B)(2)(a) of this section, indicates the need for pruning or removal of significant trees, whether on public or private property, the applicable city permits must be obtained by the applicant. Municipal code Chapter 12.16 regulations pertaining to application, permits required, and the criteria for the issuance or denial of such permits shall be applicable. Permits allowing the removal of significant trees may be conditioned so that one-for-one replacement of such trees by the applicant is required, however development proposals will be considered on a case-by-case basis.

5.    Replacement. Replacement vegetation shall be required to mitigate any adverse effects of the removal of notable tree stands and rows, riparian vegetation or unique vegetative species. Species for such replacement shall be reviewed and approved by the community development director, and where removal of vegetation will occur on public right-of-way or city property, replacement species shall also be reviewed by the public works department. Where possible and practical, any species removed shall be replaced by the same species, subject to the provisions of this chapter. The planning commission may approve the planting of replacement of trees to be removed on adjacent or contiguous properties if the development site cannot reasonably support the number of trees required and as may otherwise be necessary to comply with the intent and purpose of this chapter.

C.    Conditions. Conditions for the preservation or replacement of significant plant communities shall be included in conditions of approval for each planned development area in the city, and for each development located adjacent to riparian areas or other sensitive habitats. Preservation standards provided in Chapter 18.38, Coastal Resource Conservation Standards, for protection of Monterey pines, California wild strawberry and other rare, unique or endangered plant species shall be incorporated in conditions of approval for any development in the vicinity of these species. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.37.050 Landscape design standards.

Approval of a landscape plan will be based upon how well the plan addresses environmental and visual conditions specific to the site. Criteria used to evaluate the landscape plans will include the following:

A.    Landscaping shall be an integral part of the project design, to create a pleasing appearance from both within and off the site.

B.    Landscape plans shall display organization and usefulness of space through arrangement of architectural elements and plantings. Vegetation shall be arranged in a hierarchy of plant groupings to enhance the visual and scenic qualities of the site.

C.    New or replacement vegetation shall be compatible with surrounding vegetation and shall be adaptable to the site with regard to rainfall, soil type, exposure, growth rate, erosion control and energy conservation purposes. Plant materials chosen shall be species which do not present safety hazards, which allow native flora to reestablish in the area, and which require minimal maintenance, including watering, pest control, and clean-up of litter from fruit and leaf droppings.

D.    Existing trees shall be preserved wherever possible. Trees which are to be saved should be identified and a note included on the plans as to their protection and pruning.

E.    Trees should not be planted directly over or under utility lines. Trees with a surface root system should not be planted in the following areas without a root control box: parking lot medians, parking lot tree wells, parking strips, areas adjacent to other paved surfaces.

F.    In general, trees and large shrubs should be planted a minimum of fifteen feet away from any major structure, except for street trees and shrubs in the downtown area. Trees and shrubs which have a height greater than width at maturity may be planted as close as three feet to a structure. Trees should be planted far enough from windows and entry ways to prevent severe pruning or removal of the plant as it matures.

G.    Trees should be planted far enough from street lighting to prevent blockage or reduction of light as the tree matures. Trees should be planted far enough from road signs and signals so as not to obstruct visibility. On the corner of a corner lot, shrubs shall be maintained at a height of thirty inches or lower at maturity and trees shall be trimmed and pruned so that they branch at six feet or higher to allow for adequate sight distance.

H.    New street trees shall be fifteen gallon can size, at a minimum, at the time of planting. (1996 zoning code (part)).

18.37.055 Screening standards.

Storage and service areas, parking lots, recreational vehicle parks, rooftop mechanical equipment, utility installations such as trash enclosures, traffic control devices, transformer vaults and electrical meters shall be screened in accordance with the following standards:

A.    Landscaping shall be used to separate and/or screen parking and storage areas from other areas, break up expanses of paved area, and define open space for usability and privacy.

B.    In addition to landscaping, earth berms shall be used for screening public parking lots, wherever possible.

C.    Recreational vehicle parks shall be landscaped in such a manner that the site is fully screened from public roads, vista points, public recreation areas and residential areas within five years of development commencing.

D.    Location of structures should take into account maintenance of private view; rooftop mechanical equipment shall be incorporated into roof design or screened from adjacent properties. Utility installations such as trash enclosures, storage units, traffic control devices, transformer vaults and electrical meters shall be accessible, but screened where possible. (1996 zoning code (part)).

18.37.060 Standards for utilities, lighting and signs.

Utilities shall be placed underground in all new developments. All exterior lighting shall be functional, subtle, and compatible with the building’s architectural style, materials, and colors. Signs shall meet regulations for size, location, design, color, number, lighting and materials contained in municipal code Title 15. (1996 zoning code (part)).

18.37.070 Standards for telecommunications facilities.

A.    Installation of wireless telecommunication facilities shall obtain a CDP that is found consistent with all provisions of the certified local coastal program as set forth in Sections 18.20.025(A)(8) and (9). Telecommunication facilities shall satisfy all development standards applicable to the issuance of both use permits and CDPs except as more specifically set forth below.

B.    New wireless telecommunication facilities shall not be located between the first public road and the sea, or on the seaward side of Highway 1 in areas that are not currently developed, unless a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, the facility shall comply with all otherwise applicable provisions of the certified LCP and shall avoid impacts to the public viewshed to the maximum extent feasible, such as by attaching to an existing structure in a manner that does not significantly alter the appearance of the existing structure.

C.    Co-location facilities located between the first public road and the sea, or on the seaward side of Highway 1 in undeveloped areas, shall only be allowed if a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, a co-located facility shall comply with all otherwise applicable standards of the certified LCP and shall avoid impacts to the public viewshed to the maximum extent feasible. A co-located facility shall not significantly alter the appearance of the existing structure.

D.    Telecommunication facilities shall be subject to the height limitations set forth in Chapter 18.22. (Ord. C-2014-06 §3, 2014).