September 8, 2006

County Report

County’s new viewshed policy improves guidelines for Hillside development

By Supervisor Pete McHugh
Special to the Times

On August 29, the Board of Supervisors adopted General Plan, zoning text and zoning map amendments to implement new viewshed protection regulations.

The amendments establish clear guidelines for hillside development in County unincorporated areas. These changes aim to preserve the predominantly natural appearance of hillsides and minimize the visual and environmental impacts of hillside development. The regulations strive to provide reasonable options and flexibility for hillside property owners, as well as process and economic incentives.

The approved amendments will only affect parcels located within the “primary viewshed” area of the unincorporated County. Primary viewshed areas are defined as the first ridge or hillside areas approximately one to two miles from the edge of the valley floor. Under the new policy, the County will attach the “–d1” designation to affected parcels. This designation will require design review for hillside development. Parcels in the “secondary” viewshed, or those parcels not visible from the valley floor, however, are exempt from the new requirements.

The primary impact of these changes is the increased use of design review for hillside development. The purpose of design review is to encourage quality design and to mitigate potential adverse impacts of development. The process generally provides for review and conditional approval to assure quality residential development in areas deemed visually sensitive. Currently, a zoning administrator holds a public hearing and approves design review applications.

The most significant change to design review is the creation of a new, three-tiered process. Tier 1 will apply to homes 5,000 square feet or less. It will require paint colors that have a Light Reflectivity Value (LRV) of 45 or lower and will only require an administrative review. Tier 2 will apply to homes between 5,001 and 12,500 square feet. This tier will require design review by staff, and will place a stronger emphasis on siding, topography and the use of landscaping and existing vegetation to reduce visual impacts. Tier 3 will apply to homes over 12,500 square feet. This tier has the strictest requirements and will require a hearing before the Planning Commission for project approval.

The tiered review process creates a stronger incentive to build small to moderate-sized homes. Because lower-tiered projects require less intensive review, applicants will save money by building smaller homes. The design review requirement can add as much as $1,500 in application fees to the overall development costs of building a new home. Regardless of which tier is applied, any decision made by either staff or the Planning Commission may be appealed to the Board of Supervisors.

In addition to the increased use of design review, the amendments modify policies on grading, development on slopes of 30 percent or more, and ridgeline development. Further, the new policy will not place limits on the size of structures in the primary viewshed areas, nor will it make changes to allowable uses or minimum lot size. It will also allow the reasonable use of ridge areas with mitigation and rebuilding of legal homes in the event of disaster. Other improvements to the policy and ordinance include the exemption of basement floor area in calculating a home’s total square footage, and an expanded list of exemptions for small projects.

I believe the new viewshed policy appropriately balances the goals of preserving our natural resources with protecting the rights of property owners. It provides a reasonable amount of flexibility for hillside property owners and recognizes the value of preserving the County’s natural environment. I am confident that this new policy will play an important role in maintaining the quality of life for all County residents and future generations.