Chapter 86.44


86.44.010    Purpose and intent.

86.44.020    Permitted uses.

86.44.030    Prohibited uses.

86.44.040    Prohibited signs.

86.44.050    Regulation of permitted uses.

86.44.060    Height regulations.

86.44.070    Site plan required.

86.44.080    Application for site plan approval.

86.44.090    Review of site plan approval applications.

86.44.100    Approval, disapproval of site plan.

86.44.110    Building permit pursuant to site plan.

86.44.120    Waiving requirements.

86.44.130    Modification of site plan.

86.44.140    Expiration of site plan – Extension.

86.44.150    Grading.

86.44.160    Boundaries.

86.44.010 Purpose and intent.

To assist in the implementation of the Scenic Highway Element of the General Plan, this chapter provides regulations that apply within the boundaries of a scenic highway corridor adjacent to a scenic highway designated by the State of California and the City. The regulations are designed to eliminate unsightly conditions which may distract or impair the safety of highway users, to protect views from scenic highways and to retain unusual and attractive natural and manmade features within the scenic corridor. The S-H Overlay Zone provisions will overlay the provisions of the underlying basic zone. The provisions of this chapter shall govern where there is a conflict or where there is no underlying City zone for the area.

86.44.020 Permitted uses.

The following shall be allowed in the S-H Overlay Zone:

A. Uses permitted in the underlying zone classification of the land except those that are expressly prohibited by this chapter;

B. Informational, directional or historical markers, shelters or kiosks regarding directions, points of interest of historical or environmental significance, noncommercial in nature, and combined with automobile turnout facilities;

C. Emergency public telephones combined with automobile turnout facilities; and

D. Within the Wildlife Preserve (Modifying) Zone, those uses permitted by that overlay zone.

86.44.030 Prohibited uses.

The following shall not be allowed in the S-H Overlay Zone:

A. Junkyards, dumps, or auto dismantling yards;

B. Shipyards, including boat building or repair; and

C. Any other use which is determined by the Planning Commission to be of the same general character of other prohibited uses and whose presence would similarly conflict with the intent of this zone.

86.44.040 Prohibited signs.

The following shall not be allowed in the S-H Overlay Zone:

A. Off-premises outdoor advertising signs, structures or displays;

B. Temporary signs such as banners, pennants, streamers or posters;

C. Animated, revolving, or rotating signs; and

D. Freestanding signs.

86.44.050 Regulation of permitted uses.

A. Every business and commercial use of whatever nature shall be consistent with the intent of this title.

B. On-premises signs for business and commercial uses shall be limited to an aggregate area of 25 square feet per use or to the standard required by the underlying zone, whichever is more restrictive.

86.44.060 Height regulations.

No building or structure hereafter erected or structurally altered shall exceed 40 feet in height, or the standard required by the underlying zone, whichever is more restrictive. (Ord. 1482)

86.44.070 Site plan required.

Prior to the issuance of any building permit or commencement of any construction of any building or structure, except one- and two-family dwellings and structures appurtenant thereto which meet all requirements of this chapter, a site plan of the proposed development shall be reviewed and approved by the Planning and Design Review Commissions.

86.44.080 Application for site plan approval.

Applications for site plan approval shall be submitted to the Community Development Department and shall be accompanied by such maps, plans, drawings, and sketches as are necessary to show:

A. Boundaries and existing topography of the property and adjoining or nearby streets;

B. Location and height of all existing buildings and the proposed disposition or use thereof;

C. Location, height, proposed use of all proposed structures, including walls, fences and location and extent of individual building sites;

D. Location and dimensions of ingress and egress points, interior roads, and driveways, parking areas, and pedestrian walkways;

E. Location and proposed treatment of important drainage ways;

F. Proposed grading and removal or placement of natural materials, including finished topography of the site; and

G. Proposed landscaping plan.

86.44.090 Review of site plan approval applications.

The Planning and the Design Review Commissions shall review applications for site plan approval and in carrying out such review, the Planning Commission shall consider whether the proposed uses and development design would be consistent with the intent of the S-H Overlay Zone, and the Design Review Commission shall consider, but not be limited to, the following criteria:

A. All elements of the proposed development shall be consistent with the intent and all requirements of the S-H Overlay Zone;

B. Buildings and structures shall be so designed and located on-site as to create a harmonious relationship with surrounding development and the natural environment;

C. Buildings, fences, walls or structures and plant materials shall be constructed, installed or planted so as not to unnecessarily obstruct scenic view visible from the scenic highway, but rather to enhance such scenic views. Fences and walls shall be constructed to allow see-through wherever possible;

D. Potentially unsightly features shall be located so as to be inconspicuous from the scenic highway or effectively screened from view by planting and/or fences, walls or grading;

E. Insofar as feasible, natural topography, vegetation and scenic features of the site shall be retained and incorporated into the proposed development;

F. Any grading or earth moving operation in connection with the proposed developments shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site, and vegetative cover shall be provided to hide scars on the land resulting from such operations.

86.44.100 Approval, disapproval of site plan.

The Planning and Design Review Commissions shall each approve, conditionally approve or disapprove the site plan. Such action may be appealed within 10 working days to the City Council.

86.44.110 Building permit pursuant to site plan.

No building permit shall be issued, except for a one- or two-family dwelling or structure appurtenant thereto, for the construction of any building or structure in the S-H Overlay Zone except pursuant to a site plan which has been approved by the Planning and Design Review Commissions or by the City Council on appeal as provided for in this chapter.

86.44.120 Waiving requirements.

The Planning Commission may waive the requirements of this chapter when it finds that provisions of this chapter have been or will be fulfilled by the conditions of a special use permit or by other means.

86.44.130 Modification of site plan.

Upon request of the applicant, modification of an approved site plan may be made by the Planning and Design Review Commissions if they find that the modification is consistent with the intent and requirements of the S-H Overlay Zone.

86.44.140 Expiration of site plan Extension.

Any approval of a site plan shall expire one year from the date of the Planning Commission approval except where construction and/or use in reliance on such site plan has commenced prior to its expiration. If construction and/or use in reliance thereupon has not commenced within a one year period, that period may be extended by the Planning Commission at any time prior to the original expiration date for additional three-month periods.

86.44.150 Grading.

No grading, removal or deposit of natural materials shall take place on any lot or parcel in the S-H Overlay Zone except by a grading permit in connection with a building permit issued for construction which conforms to the provisions of this title; or by a grading permit not in connection with construction that is issued with the concurrence of the Design Review Commission. Minor excavation or placement of natural materials, incidental to the planting of trees, shrubs and other plant materials, and to the installation of minor structural features not requiring a grading permit such as fences, walls, walkways, patios and similar elements customarily accessory to a permitted use, are activities exempt from the requirements of this chapter, provided such excavation or placement of materials does not alter the general overall topographical configuration of the land.

86.44.160 Boundaries.

The boundaries of the Scenic Highway Overlay Zone shall extend from the edge of the scenic highway right-of-way for 200 feet or to the nearest ocean or bay shoreline, whichever is less.