Pismo Beach Municipal Code Ch. 17.24 General Property Development and Use Standards

A. Purpose of Chapter. The provisions of this chapter expand the standards of Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) by addressing the details of site planning and project design, to ensure that new or modified land uses and development are of appropriate character, considerate of the community's natural resources, compatible with existing and future development, and consistent with the general plan.

B. Applicability. The provisions of this chapter apply to all proposed development and new land uses regardless of the applicable zoning district.

1. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). If there is a conflict, the standards specific to the zoning district shall override these general standards, except where these standards provide otherwise.

2. All new or modified structures and uses shall comply with all applicable provisions of this chapter.

3. The planning commission may modify or delete any one or more of the standards of this chapter as they may apply to a specific project, based upon findings consistent with the provisions of this chapter, that the benefits of the project outweigh the need for the strict application of the standard(s).

A. Surface Survey Required. Where development is proposed on a site within the areas identified in Figures 3-1 and 3-2 as archaeologically sensitive, a land use permit application shall include an archeological surface survey of the site, prepared by a qualified archaeologist approved by the director.

FIGURE 3-1 ARCHAEOLOGICALLY SENSITIVE AREAS

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FIGURE 3-2 ARCHAEOLOGICALLY SENSITIVE AREAS

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1. The submitted survey shall include an evaluation of the likely presence of cultural resources and their significance based on supportable evidence, and shall also include recommendations for all appropriate mitigation measures for the project.

2. Any site which is surveyed in compliance with this section shall not be required to be further surveyed unless a further survey is recommended by the findings of the original survey.

B. Construction Practices. In the event that archaeological or paleontological materials/ resources are discovered during any grading, excavation, or other construction, all activities shall cease. The find shall remain untouched, and the Department shall be notified so that a qualified archeologist may evaluate the significance and location of discovered materials, and make recommendations for disposition, mitigation, and/or salvage, in compliance with State and Federal law. The developer shall pay all costs associated with the professional investigation.

C. Limitations on Non-Structural Development and Use. All non-structural development and uses which may damage or destroy archaeological resources are prohibited unless specifically authorized by land use permit. Any such land use permit shall contain conditions which provide for protection of any archaeological resources. Off-road vehicle activity on the site and the unauthorized collection of artifacts shall be prohibited.

D. Transfer of City-Owned Properties. The deed transferring any city-owned property containing known significant archaeological or historical resources shall include restrictions protecting the archaeological or historical resources.

When a single development is proposed over two or more contiguous parcels in common ownership, the parcels shall be combined through lot line adjustment or merger in compliance with Title 16 of the Municipal Code (Subdivisions) and the Map Act prior to issuance of a building permit. Where parcels are subject to a bona fide lien or mortgage which would prevent merger that was of record prior to the adoption of this requirement, the city attorney may approve appropriate deed restrictions which would adequately tie common uses across common property lines. The commission may exempt parcels from this requirement if the commission finds that merger is inappropriate or unnecessary, and that appropriate deed restrictions or easements will adequately tie common uses.

Proposed development and new land uses shall be designed in compliance with the policies of the Design Element of the general plan/local coastal plan.

The following standards shall apply to the installation of all fences, walls and hedges.

A. Permit Requirement. Fences and walls require site plan and architectural review (Section 17.42.030), except where exempted from land use permit requirements by subsection B, below.

B. Exemptions From Permit Requirements. The following fences and walls do not require land use permit approval when constructed, unless they are blufftop fences subject to the provisions of Subsection E below, but shall otherwise comply with all applicable provisions of this Zoning Code.

1. Fences. Fences (wood, wrought iron, chain link, and similar materials) and walls (concrete, concrete block, brick, other masonry) are exempt from land use permit requirements when the height of the fence or wall measured from existing grade does not exceed:

a. Forty-two inches when located within a front setback or street side setback; or

b. Six feet when located outside of a front or street side setback.

See Figure 2-31 for illustration of the locations of setbacks on property.

2. Retaining Walls. Retaining walls (retaining earth only) are exempt from land use permit requirements when less than twenty-four inches in height with no surcharge, and are not required by Title 18 of the Municipal Code (Grading and Erosion Control Ordinance) to have a grading permit.

3. Required Fences. The provisions of this section shall not apply to a fence or wall required by any law or regulation of the city, State, or any State agency.

C. Height Limitations. Fences and walls are subject to the height limitations in Subsection B above except as follows, and except as provided by Subsection D below, for coastal blufftop fences. Hedges within a front yard setback shall be limited to a height of forty-two inches.

1. Public Signs and Facilities, and Vegetation. The height limitations of this section shall not apply to: trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are planted and trimmed to leave a clear and unobstructed crossview during all seasons; supporting members of appurtenances to permanent structures existing on the date that this Zoning Code becomes effective; and official warning signs or signals.

2. Parcels With Grade Differential. Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of any fence/wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. See Figure 3-3. Where there is a difference in the ground level between two adjoining parcels of two feet or more, the height of any fence/wall on the property line shall be determined by the director.

FIGURE 3-3 PROPERTY LINE FENCE HEIGHT

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3. Retaining Walls. Individual retaining walls shall not exceed a height of six feet unless otherwise approved by the Director. All retained slopes should be terraced and landscaped/screened as shown in Figure 3-4.

FIGURE 3-4 RETAINING WALL HEIGHT

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D. Fence Design. Perimeter fences/walls adjacent to public rights-of-way shall be articulated by providing a minimum of one, two-foot deep by five-foot long landscaped recession for every one hundred feet of continuous wall. The design may include an appropriate mix of materials and finish subject to the approval of the director.

E. Coastal Blufftop Fences. Fences are not allowed in bluff retreat setbacks except within the RSL district. Fences proposed in the RSL zoning district within bluff retreat setbacks (Section 17.32.050(C)(1)) shall comply with the following requirements.

1. Height Limit, Opacity. Fences shall not exceed forty-two inches in height, and shall be constructed so that ninety percent of the fence surface area is transparent.

2. Readily Removable Fences Required. Fences shall be designed and sited to allow their easy removal or relocation in order to continually maintain a twenty-five-foot minimum setback from the top edge of the bluff. A document to this effect, in a form approved by the city attorney, shall be recorded with the title of the property.

3. Geologic Study Required. The application for site plan and architectural review of a proposed blufftop fence shall include a site-specific geologic study. The study shall be prepared for the proposed fence by a qualified, registered geologist approved by the director. The report shall assess the impact of those portions of the proposed structure which are located within the retreat area on the stability and erosion of the bluff, and shall propose alternative locations for the structure if the placement originally proposed would have impacts on bluff stability or erosion.

4. Criteria for Approval. A fence proposed within a bluff retreat setback shall only be approved when the fence complies with all applicable requirements of this section and Zoning Code, and when the geologic study report finds that the proposed fence (or alternate location, where appropriate) will not contribute to the erosion or failure of the bluff.

5. Periodic Review. The building official is authorized to periodically review all fences approved within bluff retreat setbacks to ensure that minimum blufftop setbacks are maintained. Property owners with approved blufftop fences shall permit periodic, pre-arranged entry by the building official to permit these inspections.

F. Prohibited Materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence, wall, or hedge, or by itself within any zoning district, is prohibited unless approved by the director or required by any law or regulation of the city, State, or any agency thereof.

G. Fences Between Different Land Uses. Fences or walls may be required between different land uses (e.g., commercial and residential, multi-family residential and single-family residential, etc.) in compliance with Section 17.24.120 (Screening).

Development and new land uses proposed within areas shown on the Flood Insurance Rate Map (FIRM) provided by the Federal Emergency Management Agency (FEMA) as being subject to flood hazards shall comply with all applicable provisions of Chapter 15.44 of the Municipal Code (Flood Hazard Area Use Control).

The use, handling, storage, and transportation of hazardous substances shall comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Sections 25505, et seq.), all local hazardous waste management plans, and all related provisions of the Municipal Code.

A. Limitation on Development in High Noise Areas. Proposed development and new land uses shall not be approved where the noise level caused by existing stationary sources exceeds the standards of Table N-3 in the noise element of the general plan or the noise levels from existing or projected transportation noise exceeds the standards of Table N-4, unless it is determined that effective noise mitigation measures have been incorporated into the project to reduce noise exposure to acceptable levels, as defined by Table N-2 of the noise element.

B. Standards for New Noise-Producing Uses. Development and new land uses that will include stationary noise sources, or transportation noise sources, which are proposed on or adjacent to lands designated for noise-sensitive uses, shall incorporate mitigation measures so that the noise levels do not exceed those set forth in Table N-3 of the noise element of the general plan.

All exterior lighting on private property within the city shall comply with the requirements of this section.

A. Application Materials. Applications for land use permit approval for multi-family dwellings, non-residential uses, and outdoor recreation and athletic facilities including sport courts shall include complete photometric plans in addition to all other information and materials required by the department.

B. Lighting Standards. All new exterior lighting shall comply with the following requirements.

1. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.

2. No permanently installed lighting shall blink, flash, or cast more than 1.0 foot candles of illumination on lighted areas.

3. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.

4. Security lighting shall be provided at all entrances/exits, except in the residential zoning districts.

5. Exterior lighting within the V overlay zoning district shall be limited to that necessary for safety and security, as determined by the director.

Any existing or proposed use that generates electrical disturbances or produces radioactive emanations in quantities that may be considered a nuisance or hazard shall apply the best available technology to prevent the issuance, continuance or recurrence of any hazardous or disturbing emanations. The use or transport of radioactive material within or through the city shall comply with Chapter 8.24 of the Municipal Code (Radioactive Materials).

A. Application Requirements--Resource Management Plan. A land use permit application for any site which is traversed by, includes any portion of, or is within one hundred feet of Pismo Creek, Pismo Marsh, or any other watercourse shown as a blue line on a USGS topographic quadrangle map shall include a biotic resources management plan. The plan shall include standards for project development to avoid habitat disturbance. The standards specified in the plan will be utilized to determine the scope of development.

B. General Habitat Protection Standards. The minimum standards that may be specified in a biotic resources management plan shall include the following.

1. Provisions for the preservation of groupings of trees in which at least ten trees with a minimum six-inch diameter (measured four and one half feet above natural grade) will be retained.

2. Provisions for the removal of plants from the habitat areas which are diseased or present public safety hazards. These conditions shall be certified by a professional horticulturist or a licensed landscape architect. Plants removed for these reasons must be replaced with at least four minimum fifteen gallon specimens of each species.

C. Riparian Setbacks. Structures, paving, and grading (other than grading determined by the director to be necessary for slope stabilization) shall be set back from Pismo Creek, and Pismo Marsh, and any other watercourses shown as blue lines on a USGS topographic quadrangle map, by the following minimum distances:

1. Pismo Creek. The following required setbacks shall be measured from the outer edge of riparian vegetation, or from the top of the creek bank where there is no vegetation.

a. West Bank:

(1) One hundred feet from Cypress Street northward to city limits;

(2) Twenty-five feet from Cypress Street to the ocean.

b. East Bank:

(1) One hundred feet from U.S. 101 northward to city limits;

(2) Fifty feet from U.S. 101 to Dolliver Street;

(3) Twenty-five feet from Dolliver to the ocean.

2. Pismo Marsh and Other Watercourses. The required setback shall be measured from the outer edge of riparian vegetation, or from the top of the creek bank where there is no vegetation. The minimum width of the creek setback shall be one hundred feet between environmentally sensitive areas and proposed development.

D. Additional Requirements. Exceptions to creek setbacks and additional required riparian habitat protection measures are established by Policies CO-14 and CO-21 (Riparian Habitat and Pismo Creek Protection) of the conservation and open space element of the general plan/local coastal plan.

A. Screening Between Uses. Screening between different land uses shall be provided as follows.

1. Non-residential development shall provide a six-foot high, solid decorative masonry wall along any interior property line abutting a residential zoning district or existing residential use, unless modified by the commission.

2. Multi-family residential development shall provide a six-foot high solid wood fence, or solid decorative masonry wall, along any property line abutting an RSL zoning district or existing single-family dwelling.

3. Required screening walls shall be architecturally treated on both sides, subject to the approval of the director.

B. Screening of Equipment. In the RSM, RR, and all non-residential zoning districts, all mechanical equipment (e.g., air conditioners, ducting, plumbing, vents, and similar equipment), whether on the roof, side of structure, or ground, shall be screened from public view. The method of screening shall be architecturally compatible with other site development in terms of materials, colors, shape and size. The screening design and construction shall be subject to the approval of the director and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground.

C. Screening of outdoor storage and trash collection areas. All areas used for storage, or for trash collection, shall be located either within a structure, or on the least visible portions of a site, and screened from view by enclosure within a solid wall or fence not less than six feet in height. See Figure 2-6.

1. Trash and storage areas shall be screened by landscaping, fencing, berms or other devices integral with overall site and building design.

2. If visible from the upper stories of nearby structures, trash areas shall incorporate overhead screening features such as trellises or solid roofs.

3. Outdoor trash storage areas subject to scavenging birds shall be enclosed on all sides, and from above, to prevent access by birds.