-MENDOCINO COUNTY PLANNING AND BUILDING SERVICES- DIVISION II OF TITLE 20--COASTAL ZONING CODE

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1 CHAPTER VISUAL RESOURCE AND SPECIAL TREATMENT AREAS Sec Applicability. Sec Purpose. Sec Highly Scenic Areas. Sec Special Communities and Neighborhoods. Sec Special Treatment Areas (STA's). Sec Satellite Receiving Dish Regulations. Sec Exterior Lighting Regulations. Sec Applicability. This section shall apply to those areas identified as highly scenic areas, special communities and special treatment areas as defined by the Mendocino Coastal Element and identified on the Coastal Land Use Maps. All development proposals shall be reviewed by the Coastal Zone Permit Administrator to determine if the standards set forth in this section shall apply. Application of standards in this Chapter shall not preclude the development of a legally established parcel. (Ord. No (part), adopted 1991) Sec Purpose. The purpose of this section is to insure that permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality in visually degraded areas. (Ord. No (part), adopted 1991) Sec Highly Scenic Areas. (A) The visual resource areas listed below are those which have been designated highly scenic and in which development shall be subordinate to the character of its setting: (1) The entire Coastal Zone from the Ten Mile River estuary (including its wooded slopes, wetlands, dunes and ocean vistas visible from Highway 1) north to the Hardy Creek Bridge, except Westport Beach Subdivision. Site development review shall be a requirement for new development within the portion of Westport Beach Subdivision which is in the Coastal Zone, applying the standards of Subsection (C) below. (2) Portions of the Coastal Zone within the Highly Scenic Area west of Highway 1 between the Ten Mile River estuary south to the Navarro River as mapped with noted exceptions and inclusions of certain areas east of Highway 1. (3) Portions of the Coastal Zone within the Highly Scenic Area west of Highway 1 between the Navarro River and the north boundary of the City of Point Arena as mapped with noted exceptions and inclusions of certain areas east of Highway 1.

2 (4) Portions of the Coastal Zone within the Highly Scenic Area between the south boundary of the City of Point Arena and the Gualala River as mapped with noted exceptions and inclusions of certain areas east of Highway 1. (B) Highly Scenic Area (HSA) - Development Application Procedures. (1) Determining Extent of HSA. The Coastal Permit Administrator shall review all permit applications for coastal developments to determine whether the project is to be located within an HSA. Development on a parcel located partly within the highly scenic areas delineated on the Land Use Maps shall be located on the portion outside the viewshed if feasible. Additional information may be required of the applicant to demonstrate the extent of the HSA. (2) Disagreement as to Extent of Highly Scenic Area (HSA). Where representatives of the County Planning and Building Services Department, the California Coastal Commission, and the applicant are uncertain as to the boundaries of the HSA viewshed on any parcel such disagreements shall be investigated by an on-site inspection by the landowner and/or agents, county staff member and representatives from the Coastal Commission. (3) On-Site Inspection. The on-site inspection shall be coordinated by the Coastal Permit Administrator and shall take place within three (3) weeks, weather and site conditions permitting, of the receipt of a written request for clarification of the HSA viewshed boundaries by the landowner or assigned agent. If all of the members of this group agree that the boundaries of the scenic resource in question should be adjusted following the site inspection, such development shall be approved only upon specific findings that the scenic resource as identified will not be significantly degraded by the proposed development. If such findings cannot be made, the development shall be denied. (C) Development Criteria. (1) Any development permitted in highly scenic areas shall provide for the protection of coastal views from public areas including highways, roads, coastal trails, vista points, beaches, parks, coastal streams, and waters used for recreational purposes. (2) In highly scenic areas west of Highway 1 as identified on the Coastal Element land use plan maps, new development shall be limited to eighteen (18) feet above natural grade, unless an increase in height would not affect public views to the ocean or be out of character with surrounding structures. (3) New development shall be subordinate to the natural setting and minimize reflective surfaces. In highly scenic areas, building materials including siding and roof materials shall be selected to blend in hue and brightness with their surroundings.

3 (4) All proposed divisions of land and boundary line adjustments within highly scenic areas shall be analyzed for consistency of potential future development with the regulations of this Chapter, and no division of land or boundary line adjustment shall be approved if development of resulting parcel(s) would be inconsistent with this Chapter. (5) Buildings and building groups that must be sited in highly scenic areas shall be sited: (a) Near the toe of a slope; (b) Below rather than on a ridge; and (c) In or near a wooded area. (6) Minimize visual impact of development on hillsides by the following criteria: (a) Requiring grading or construction to follow the natural contours; (b) Resiting or prohibiting new development that requires grading, cutting and filling that would significantly and permanently alter or destroy the appearance of natural landforms; (c) Designing structures to fit hillside sites rather than altering landform to accommodate buildings designed for level sites; (d) Concentrate development near existing major vegetation, and (e) Promote roof angles and exterior finish which blend with hillside. (7) Minimize visual impacts of development on terraces by the following criteria: (a) Avoiding development, other than farm buildings, in large open areas if alternative site exists; (b) Minimize the number of structures and cluster them near existing vegetation, natural landforms or artificial berms; (c) Provide bluff setbacks for development adjacent to or near public areas along the shoreline; (d) Design development to be in scale with rural character of the area. (8) Minimize visual impact of development on ridges by the following criteria: (a) Prohibiting development that projects above the ridgeline;

4 (b) If no alternative site is available below the ridgeline, development shall be sited and designed to reduce visual impacts by utilizing existing vegetation, structural orientation, landscaping, and shall be limited to a single story above the natural elevation; (c) Prohibiting removal of tree masses which destroy the ridgeline silhouette. (9) In specific areas, as designated on the Land Use Maps and other circumstances in which concentrations of trees unreasonably obstruct views to and along the ocean and scenic coastal areas, tree thinning or removal shall be made a condition of permit approval. (10) Tree planting to screen buildings shall be encouraged, however, new development shall not allow trees to interfere with coastal/ocean views from public areas. (11) Power transmission lines shall be located along established corridors where possible and where the corridors are not visually intrusive. (12) Power distribution lines shall be placed underground in designated "highly scenic areas" west of Highway 1 and in new subdivisions. East of Highway 1, power lines shall be placed below ridgelines if technically feasible. (13) Access roads and driveways shall be sited such that they cause minimum visual disturbance and shall not directly access Highway 1 where an alternate configuration is feasible. (Ord. No (part), adopted 1991) Sec Special Communities and Neighborhoods. (A) The Town of Mendocino is the only recognized special community in the Coastal Element. Division III of Title 20 provides specific criteria for new development in Mendocino. (B) The communities and service centers, designated as CRV or CFV, of Westport, Caspar, Albion, Elk and Manchester, and the additional areas of Little River, Anchor Bay and Gualala, as described below, shall have special protection as set forth in Section (C): (1) Little River: Schoolhouse Creek on the south to the northern boundary of the Steven's Wood Inn property on the north including all parcels with highway frontage on the east side of Highway 1 and all parcels west of Highway 1. (2) Anchor Bay: Getchell Gulch on the south to Fish Rock Road on the north including all parcels with highway frontage on the east side of Highway 1 and all parcels west of Highway 1.

5 (3) Gualala: The Sonoma County Line on the south to Big Gulch on the north including all commercial and industrially zoned parcels on the east side of Highway 1 and all parcels west of Highway 1. (C) Development Criteria. (1) The scale of new development (building height and bulk) shall be within the scope and character of existing development in the surrounding neighborhood. (2) New development shall be sited such that public coastal views are protected. (3) The location and scale of a proposed structure will not have an adverse effect on nearby historic structures greater than an alternative design providing the same floor area. Historic structure, as used in this subsection, means any structure where the construction date has been identified, its history has been substantiated, and only minor alterations have been made in character with the original architecture. (4) Building materials and exterior colors shall be compatible with those of existing structures. (D) The scenic and visual qualities of Mendocino County Coastal Areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas designated by the County of Mendocino Coastal Element shall be subordinate to the character of its setting. (Ord. No (part), adopted 1991) Sec Special Treatment Areas (STA's). (A) Other areas of visual significance include special treatment areas shown on the Land Use Map and a 200 foot minimum designated scenic corridor along both sides of Highway 1 from Ten Mile River to the Sonoma County line not shown on the Land Use Map. The designated width of this corridor is a minimum of two hundred (200) feet running parallel to Highway 1 or inland to the first line of trees nearest the road. However, in no place does the corridor extend more than three hundred fifty (350) feet from the shoulder of the road. These include archaeological and paleontological sites and timber production zones. Special Treatment Area buffer zones were also located adjacent to all publicly owned preserves and recreation areas, including national, state, regional, county and municipal parks. These buffer zones include those forested areas within the Coastal Zone within two hundred (200) feet of all such publicly owned preserves and recreation areas.

6 It is the intent of timber harvesting regulations within the Special Treatment Areas to minimize the visual effect of timber harvesting in order to protect the area's special scenic and natural qualities. (Ord. No (part), adopted 1991) Sec Satellite Receiving Dish Regulations. (A) Major considerations in installing satellite receiving dish antenna(s) concern positioning disks to avoid interference and to minimize visual impacts on the surrounding landscape. Installation of satellite receiving dishes shall require a coastal development permit and must comply with other criteria of this Chapter. Microwave antenna(s), including dishes, are considered to be a Minor Impact Utilities Use Type as defined in Chapter (B) Development Criteria. (1) Minimize visual impacts when installing private or commercial satellite receiving dish antenna(s) in designated Highly Scenic Areas by: (a) Placing dish to take advantage of any natural shielding that exists at or around the proposed dish location, e.g., houses, shrubs, trees. (b) Establishing a setback from the rim of a ridge or hilltop where a dish will be placed so as to not create an additional silhouette. (c) Landscaping terrain around dish with low shrubs or small trees to screen dish and supporting structure at any off-site location without interfering with satellite reception. (Ord. No (part), adopted 1991) Sec Exterior Lighting Regulations. (A) Essential criteria for the development of night lighting for any purpose shall take into consideration the impact of light intrusion upon the sparsely developed region of the highly scenic coastal zone. (1) No light or light standard shall be erected in a manner that exceeds either the height limit designated in this Division for the zoning district in which the light is located or the height of the closest building on the subject property whichever is the lesser. (2) Where possible, all lights, whether installed for security, safety or landscape design purposes, shall be shielded or shall be positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed. (3) Security lighting and flood lighting for occasional and/or emergency use shall be permitted in all areas.

7 (4) Minor additions to existing night lighting for safety purposes shall be exempt from a coastal development permit. (5) No lights shall be installed so that they distract motorists. (Ord. No (part), adopted 1991)