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View Preservation
In the course of exploring ideas for the new General Plan, it was suggested we revisit the protections the City places on views. San Clemente has long held to a policy that Public views from public places are protected. The City's existing General Plan establishes certain view corridors and contains public view preservation policies. City policy specifically does not attempt to protect private views. Trees and private views both add value to private property but the city has historically made the policy choice to, as much as possible, not interfere with private property owner's rights. If it is determined th�t this policy should change, it would be appropriate for the General Plan to establish the new policy direction of view preservation which would result in the development of a view protection ordinance.
As a coastal city, the City of San Clemente is obligated by the California Coastal Act to protect designated scenic public views when considering new development. This policy could be expanded to include views from private properties, as well as views impacted by trees. The General Plan would include policies related to view protection, but the specific regulations would be detailed in the Zoning Ordinance.
The following summarizes the City's existing policy, view protection policies of other jurisdictions, and challenges of enforcing and implementing these types of provisions.
EXISTING VIEW PROTECTION POLICY
The City of San Clemente, in accordance with the Coastal Act, protects scenic public views.
Public views are considered from public locations such as designated view corridors and parks.
The General Plan Policy 10.2.7 states, "promote the preservation of significant public view corridors to the ocean." Enforcement of this policy is conducted by requiring submittal of viewshed analysis of potential impacts to public views to the ocean and natural canyon areas resulting from new development. The Urban Design Element states that the preservation of important public view corridors toward both the ocean and distinct features in the inland landscape is desirable. Designated public view corridors are located in the Pier Bowl (see the Pier Bowl Specific Plan) and North Beach (see the Urban Design Element Figure 2-2). Although not formally adopted, the Coastal Act also protects views from public viewing points, such as a public park, street or other public location.
The City does not currently address impacts from new development, or landscaping, upon private views, or views from private residences.
j ATTACHMENT 2
Views and Sunlight application, which is subject to a fee of $3,790, requires a public hearing before the City's Planning Commission.
http ://www. d elm ar.ca. us/Government/Mun icipal%20Code/Cha pter 2351. pdf Structures
The cities of Laguna Beach and Del Mar consider impacts to private views in the course of their design review process. The onerous requirements of the City of Laguna Beach for regulating the impacts of new development on private views are probably the most well known within the planning and development community. The affects of the discretionary process are evident by viewing the properties covered with story poles along the coast.
In reviewing the regulations and criteria that each jurisdiction utilizes in considering private view impacts from new development, the subjectivity of the process became evident. The process and criteria for evaluating view impacts are vague. Various interpretations can be made for defining a view and how to apply a view equity standard. This uncertainty of the review process is also echoed in speaking with planners and applicants who have participated in the process.
http://www.lagunabeachcity.net/civica/fi1ebank/blobdload.asp?Blob1D=6188 http ://www.d el mar .ca.us/Government/Mu nicipal%20Code/Chapter 2308. pdf Challenges
There are many pros and cons to the issue of view protection. The obvious benefit would be to those that currently have a view. Enforcement of private view protection would provide them the comfort of knowing their view would not be impacted by future development.
The City's review process was evaluated by an outside consultant in 2009 to improve upon the system. The result provided a comprehensive customer improvement program that has been approved by the City Council and endorsed by the community. Specific recommendations were presented to provide a greater level of certainty to applicants during the entitlement process.
Emphasis was placed on the need for clear policies and regulations to limit frustration among the development community, as well as residents. Ensuring our goals and policies clearly define the desire of the community is also one of the reasons for updating the General Plan. As directed by the City Council, many programs and resources have been dedicated to implementing the customer service recommendations. As a result, the City's permit processing system has received several posi�ive comments from the community recognizing the improvements.
As demonstrated in the cases of Laguna Beach and Del Mar, two cities which have considered private view protection for many years in the course of design review, the bi-product is a highly contentious process with outcomes that vary depending on the level of opposition as well as the decision-makers. Obviously a more lengthy process with greater uncertainty would be inconsistent with the efforts resulting from the customer service program.
Potential GPAC Recommendations
1. Maintain Current Policy Direction for protecting public views; or
2. Expand Policy to recognizing value of protecting private views a. Include implementation measure to develop Tree and Vegetation Ordinance to address private views, as well as tree preservation; and/or b. Include implementation measure to incorporate into the design review process consideration of impacts of new development on private views design review.
The development of a view protection ordinance from private property would require creating criteria to establish and evaluate "right to a view", view equity and sunlight issues, and a view preservation and restoration process and include provisions for landscaping, trees, natural vegetation, hedges, encroachments, design review, and enforcement issues.