Pismo Beach Municipal Code Ch. 17.18 Overlay Zoning Districts

This chapter provides regulations for development and new land uses in the overlay zoning districts established by 17.06.020 (Zoning Districts Established). The overlay zoning districts established by this chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning.

The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. In the event of any conflict between the provisions of this chapter and any other provision of this Zoning Code, the most restrictive shall control.

A. Mapping of Overlay Districts. The applicability of any overlay zoning district to specific sites is shown by the zoning map for the specific overlay district. The districts are found in Sections 17.18.030 through 17.18.060.

B. Allowed Land Uses. Except as may be otherwise provided for a specific overlay district, any land use normally allowed in the primary zoning district by this Article may be allowed within an overlay district, subject to any additional requirements of the overlay district.

C. Permit Requirements. Except as may be otherwise provided for a specific overlay district, development and new land uses within an overlay district shall obtain the land use permits required by this Article for the primary zoning district.

D. Development Standards. Except as may be otherwise provided for a specific overlay district, development and new land uses within an overlay district shall comply with all applicable requirements of the primary zoning district.

A. Purpose. The CA overlay district is intended to identify areas of the city where land use permit decisions may be appealed to the Coastal Commission.

B. Applicability. The CA overlay district is applied to areas located between the Pacific Ocean and the first public road parallel to the ocean, or:

1. Within three hundred feet of the inland extent of the mean high tide, in compliance with the Coastal Act, Public Resources Code Section 30603(A.1); or

2. Within one hundred feet of any stream, wetland, estuary, tidelands, or public trust lands.

The CA overlay district may be combined with any residential, commercial, or special purpose zoning district established by Section 17.06.020 (Zoning Districts Established), as well as with any other overlay district.

C. Appeals to Coastal Commission. Coastal permit appeal procedures are described in Chapter 17.54 (Appeals).

A. Purpose. The height limitations (HL) overlay district is intended to establish maximum height limits on development in specific areas of the city, to protect scenic hillside, canyon, and coastal views. The HL district may also be applied to areas where the city has determined that it is necessary to maintain and control building bulk and scale, and its relationship to the surrounding environment.

B. Applicability. Multiple HL overlay subzones are established by this section, each indicated by a numerical suffix, (e.g. RSHL1), which identifies the area where the height limit applies.

C. Height Limit. Proposed development and new land uses, and alterations to existing structures shall not exceed the applicable height limit shown in Table 2-9 in the areas of the city where the HL overlay is applied on the zoning map. See also Chapter 17.20 (Height Measurement and Exceptions).

TABLE 2-9 HEIGHT LIMITATION OVERLAY DISTRICT STANDARDS

(Ord. 03-04 § 2 (Exh. B (part)), 2003)

A. Purpose. The N overlay district is intended to protect certain noise sensitive land uses from excessive noise levels.

B. Applicability. The N overlay district is applied to areas adjacent to significant noise sources identified by the general plan, where special design and/or construction techniques are necessary to reduce interior and exterior noise to acceptable levels.

C. Application Content. Land use permit applications for noise sensitive land uses (see the noise element of the general plan) shall include an acoustical engineer's report indicating the level of noise impacts for the site, and appropriate mitigation measures.

D. Noise Standards. Proposed development and new land uses shall be located, designed, and constructed so that exterior and interior noise levels shall not exceed the maximum levels shown for the applicable land use type, in the noise element of the general plan.

A. Purpose. The residential very high density (RVHD) overlay district serves to implement general plan housing element policies of providing new housing that addresses affordable housing needs in the city by establishing development regulations and incentives for the development of higher density affordable housing projects.

B. Applicability. The standards and regulations of this chapter apply to areas designated with an RVHD extension on the zoning map. Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements and review procedures of the R-3 zoning district.

C. Affordable housing requirement. One hundred percent (100%) of the total number of residential units within the project, exclusive of units added by a density bonus awarded pursuant to state law, shall be provided at prices affordable to moderate-income or below households for a minimum of fifty-five (55) years.

D. Density. Development within the RVHD overlay zone shall provide a minimum density of twenty (20) residential units per acre and shall not exceed a maximum density of fifty (50) units per acre, exclusive of units added by a density bonus awarded pursuant to state law.

E. General development standards.

1. Building heights. No building or structure shall exceed thirty-five (35) feet in height a bove site grade except as provided below.

a. Height exception. Buildings may be up to forty-five (45) feet in height where the planning commission finds that significant public views to and along the coast and other scenic areas are protected.

b. Visual study required. In order to evaluate a proposed project's compliance with the above criteria, submittal of a visual study that substantiates the basis for granting a height exception is required.

2. Minimum yard setbacks. Each lot shall have a front yard setback of not less than ten (10) feet. Other yard setbacks shall be provided in accordance with those otherwise required in the R-3 zone.

3. Maximum allowable lot coverage for all structures. Maximum allowable lot coverage limitations shall not apply.

4. Maximum allowable total building floor area for all structures as a percentage of lot area. Maximum allowable total building floor area for all structures as a percentage of lot area shall not apply.

5. Minimum planting and vegetation area (as a percentage of total lot area). A minimum of ten percent (10%) of the total lot area shall consist of planting and vegetation area.

6. Minimum lot area per family unit. Minimum lot area per family unit requirements shall not apply.

F. Parking. Parking shall be provided pursuant to Chapter 17.108, Off-Street Parking and Loading Requirements, except as provided below.

1. Minimum off-street parking requirements. Minimum off-street parking requirements, inclusive of accessible parking and guest parking, shall comply with California Density Bonus Law (California Government Code section 65915).

2. Configuration. Parking spaces may be covered or uncovered and may be provided in a tandem configuration provided no more than two vehicles shall be placed one behind the other and both spaces shall be assigned to a single dwelling unit.

G. Open/amenity space. Open/amenity space shall be provided as follows.

1. Amount. A minimum of sixty (60) square feet of open/amenity space shall be provided per unit.

2. Type of open/amenity space. The required open/amenity space may be provided as private open space or common amenity space.

3. Minimum dimensions.

a. Private open space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight (8) feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six (6) feet.

b. Common amenity space. Common amenity space, whether provided as outdoor or indoor space, shall have minimum horizontal dimensions of twenty (20) feet.

4. Configuration.

a. Private open space and outdoor common amenity space.

i. Private open space and outdoor common amenity space shall be unoccupied by main or accessory buildings, parking areas, driveways, and loading areas and be open and unobstructed to the sky.

ii. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing.

iii. Slope shall not exceed ten percent (10%).

b. Indoor common amenity space. Indoor common amenity space shall consist of common areas providing services to residents such as meeting and community rooms, community kitchen, daycare and other social service areas, gyms and other indoor recreation areas, and computer labs/media rooms.

5. Accessibility.

a. Private open space. Private open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

b. Common amenity space. Common amenity space shall be accessible to all of the living units on the lot.

(Ord. O-2019-010 § 1, 2019)

A. Purpose. The view considerations (V) overlay zoning district is intended to ensure that site planning, building design, grading and landscaping techniques will preserve and protect the character and quality of the city's visual resources including: predominant natural landforms; coastal, canyon, and hillside views; distinctive vegetation, and urban form.

B. Applicability. The V overlay district is applied to areas along city designated scenic highways (Highways 1 and 101, Price Canyon Road), and other major public view corridors providing significant views and vistas to areas of public lands, beaches, and waters within the city which characterize the city's appearance.

C. Definitions. The following terms and phrases are defined for the purposes of this section.

1. Bluff Sight Line. The line of sight projected between the freeway sight position and the top of the bluff, as shown in a cross-sectional view (see the example in Figure 2-30).

2. Freeway Sight Position. A viewing position three feet above the nearest travel lane of Highway 101.

3. Horizon Sight Line. A line of sight projected from the freeway sight position to the horizon, as shown in a cross-sectional view.

4. Story Pole. Poles of wood, fiberglass, PVC, or other suitable materials, with lengths equivalent to the height of a proposed structure. These poles are placed on a proposed development site where the corners of a proposed structure will be located, to allow them to be photographed for the purpose of visualizing: the bulk and mass of the proposed structure; its appearance; and the extent to which it will block existing views, and create other visual impacts.

5. Structure Silhouette. The outline of a proposed structure superimposed against the vertical view plane as seen from the freeway sight position.

6. Vertical View Plane. The rectangular area defined by the vertical area between the horizon and bluff sight lines, and the side property lines.

7. Visual Simulation. A computer-generated or manually produced illustration of the appearance of a proposed development project. These illustrations are created by superimposing an artist's rendering or computer-generated image of the proposed structures upon a photograph of the site in its pre-development condition.

FIGURE 2-30 VISUAL IMPACT ANALYSIS

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D. Application Content. All applications for development and new land uses within areas described in Subsection (F)(1) below, shall include:

1. Graphic Visual Impact Analysis. Cross-sectional and elevational drawings analyzing the impacts of the proposed project on scenic views, as shown in Figure 2-30. Overviews are measured by describing the vertical view plane first, and then superimposing the proposed structures against the vertical view plane. This method will provide a two-dimensional illustration of the extent of view blockage relative to the amount of view corridor and overview required by subsection (F)(2), below.

2. Visual Simulations. Visual simulations of the proposed project illustrating how proposed structures will appear within the existing landscape after construction. The simulations shall be accurately prepared using computerized photo montage techniques, and/or story poles placed on the site at the locations of proposed building corners. Simulations shall be prepared showing the proposed project from at least the following vantage points, and any additional vantage points required by the director:

a. From all streets fronting the site; and

b. From any location adjacent to Highway 101 where the proposed structures may be visible.

E. General Development Standards. Development and new land uses, or changes to existing structures or land uses shall comply with the following requirements.

1. Protection of Existing Views. Development and new land uses, or changes to existing structures or land uses shall not result in a change in the elevation of the land, or the construction of any improvement, which would significantly, materially, and irrevocably, block, alter, or impair major views, vistas, viewsheds of major coastal landforms from designated scenic highways, public lands, waters or viewpoints.

2. Side Yard View Corridors. Where side yards provide a view from the street to the ocean or a view to attractive hills and valleys, the side yards should be maintained as open visual access corridors the width of the required side yard setback. These areas shall be open to the sky and free from all visual obstructions including trees and shrubs (except for a transparent gate or fence) from the front property line to the rear property line. Existing structures are exempt from this requirement.

3. Screening. All industrial facilities, public utilities, and public works facilities shall be screened from the view of any scenic highway to the maximum extent feasible. See also the screening requirements of Section 17.24.120 (Screening).

4. Existing Topography. Proposed development, including roads, shall minimize the alteration of the natural topography and scenic values of the area.

a. Sunset Palisades Area Requirements. All development shall be constructed on or into existing grades.

b. Freeway Foothills Area Requirements. All development shall be constructed on or into existing grades; and residential units shall be clustered and located off the tops of ridges, knolls and hummocks a sufficient distance to retain the silhouette profile of the topographic feature.

5. Foothill Backdrop. The size, location, and massing of structures shall not significantly obscure views of the scenic backdrop provided by the foothills from scenic highways.

6. Landscaping. Landscaping along scenic highways designated in the general plan/LCP shall be designed to enhance existing scenic views.

7. Signs. All signs visible from scenic highways shall be designed so as to not detract from the visual quality of the area.

8. Existing Trees. Existing mature trees visible from scenic highways shall be conserved whenever feasible.

F. Protection of ocean views in specific areas. Proposed development and new land uses shall be designed so that their height, bulk, and scale shall not significantly block ocean views from city designated scenic highways, and shall be designed to provide and maintain corridor views and/or overviews of the ocean from the scenic highways.

1. General Site Planning Guidelines. Proposed development shall utilize clustered design and/or planned development concepts.

2. Specific Area Requirements. Proposed development within the North Spyglass, Motel District, and Dinosaur Caves planning areas shall be designed and sited to comply with the following requirements.

a. North Spyglass and Motel District Planning Area. Development proposed on any site with more than one thousand feet of frontage on Shell Beach Road shall be designed to maintain at minimum:

(1) Thirty-five percent of the site frontage width in open scenic view corridors of twenty feet or more in width;

(2) Forty percent scenic overviews, measured in compliance with subsection D above; and

(3) A combination of open scenic view corridors and overview totaling forty percent of the vertical view plane, as defined in subsection C, above.

b. Dinosaur Caves Planning Area. For new development within the Dinosaur Caves planning area, no structure or landscaping shall be allowed which would significantly impair views from Highway 101.

3. Placement and design of view corridors. Proposed development shall be designed and constructed to provide view corridors in compliance with General Plan Policy D-41, and General Plan Figure D-3. Proposed projects shall be designed to not impair the view corridor from Highway 101.

4. Required Findings. The approval of a land use permit for any project within the planning areas listed in subsection (F)(2) above shall include specific, project- and site-based findings by the review authority based on the application of this Section and the potential for view preservation and enhancement on each site.

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