The purpose of this Chapter is to provide district regulations for the review of development in those areas of the County of Monterey in which such development could potentially create adverse visual impacts when viewed from a common public viewing area.

A.

The provisions of this Chapter shall apply in all districts which are combined with the "VS" District in addition to the regulations specified for that district, and shall be subject to the provisions of Chapter 21.62. If the regulations specified in this Chapter differ from the regulations of the district combined with the "VS" District, the provisions of this Chapter shall apply.

B.

This Chapter shall apply only to those areas of the County of Monterey which contain the most unique and highly sensitive visual resources of regional or county-wide significance where development will have the potential to create a substantially adverse visual impact when viewed from a common public viewing area.

A.

No construction of structures, additions, grading, significant vegetation removal, or deposit or removal of material causing the change, alteration, or modification of the landscape or existing development shall be permitted without the approval of the Appropriate Authority.

B.

All development in the "VS" District shall be subject to the regulations of Section 21.46.060.

C.

No development may be approved by the Appropriate Authority, without a specific finding that the development as approved and conditioned will not create a substantially adverse visual impact when viewed from a common public viewing area.

D.

All development in the "VS" District shall require a Use Permit pursuant to the provisions of Chapter 21.74 of this Title or an Administrative Permit pursuant to the provisions of Chapter 21.70 of this Title subject to the following criteria:

1.

A Use Permit shall be required for any development in a "VS" District if any portion of that development, after flagging, staking and an on-site inspection, pursuant to Section 21.46.060, is determined to have the potential to create a substantial adverse visual impact when viewed from a common public viewing area.

2.

An Administrative Permit shall be required for all other development in the "VS" District, except as provided for in Section 21.46.040B of this Chapter.

E.

Exterior color changes for existing structures shall require only Design Approval pursuant to the provisions of Chapter 21.44 of this Title.

F.

New structures and additions to existing structures which are accessory to agricultural operations in the Farmlands (F), Permanent Grazing (PG) or Rural Grazing (RG) zoning districts shall only require Design Approval pursuant to the provisions of Chapter 21.44 of this Title.

The Appropriate Authority to consider and decide a Use Permit required pursuant to Section 21.46.030(D) shall be the Planning Commission unless:

A.

Such Use Permit is being considered in conjunction with another discretionary permit required by this Title. In that case, the Appropriate Authority to consider the discretionary permit shall also consider the Use Permit required by Section 21.46.030D; or

B.

The Director of Planning may approve plans and submittals in the "VS" District for small structures such as structure additions, accessory structures, and similar minor structures and minor modifications to previously approved projects. Such consideration shall be considered as a design approval pursuant to Section 21.44.040D of this Title.

The standards and criteria of review of the Director of Planning shall be the same standards and criteria as that of the Planning Commission.

The Director of Planning may refer, at the Director's discretion, such plans and submittals to the Planning Commission for consideration and action.

2.

The Director of Planning may approve other development in the "VS" District provided that:

a.

A determination is made following an on-site inspection pursuant to Section 21.46.060B that the development proposed is either not visible from a common public viewing area or will not create a substantial adverse visual impact from a common public viewing area; and

b.

Public notice of the Director's intended decision to approve such development has been provided pursuant to Section 21.78.040 and no written objections have been raised.

C.

No development in the "VS" District which requires a Use Permit, variance or similar public hearing process, may be considered by the Director of Planning.

(Ord. No. 5135, § 127, 7-7-2009)

A.

The Appropriate Authority shall consider such plans and submittals to determine that such structures, or other improvements shall be designed and constructed so that they will not create a substantially adverse visual impact when viewed from a common public viewing area.

B.

The Appropriate Authority shall require such changes in the plans of such proposed buildings, structures, and other improvements, as it may deem to be necessary to accomplish the purposes of this Chapter.

C.

The Appropriate Authority shall not approve any such plans until it is satisfied that the purposes of this Chapter will be accomplished.

A.

The provisions of this Section are applicable to all development and subdivisions in the "VS" combining district.

B.

Flagging and staking shall be done in the following manner:

1.

An initial on-site inspection shall be required for all development and subdivisions in the "VS" combining district within thirty (30) days of the receipt of the project application. The initial inspection shall be for the purpose of determining whether or not the proposed project may have the potential to create a substantially adverse visual impact when viewed from a common public viewing area in terms of normal, unaided vision for any length of time.

2.

If the initial on-site inspection indicates that any portion of the project may have the potential to create a substantially adverse visual impact when viewed from a common public viewing area, such portion of the project shall be staked in accordance with "County-wide Staking and Flagging Criteria" before the project application may be considered complete.

3.

When the project staking is completed in accordance with "County-wide Staking and Flagging Criteria", a subsequent on-site inspection shall be made within thirty (30) days to assess the potential for substantially adverse visual impacts of the project when viewed from a common public viewing area.

C.

Development Standards.

1.

Subdivisions in "VS" Districts shall be designed to minimize the project's visibility by techniques which may include, but are not limited to:

a.

Lot configurations which provide high potential for each building site to be screened by existing or proposed topography and vegetation;

b.

Specified building sites and new access road locations that allow for screening by existing or proposed topography and vegetation, minimized grading, minimized tree removal, and development on less than thirty (30) percent slopes;

c.

Clustering of structures, with visually significant wooded hills and ridges placed in open space or scenic easement.

2.

Structures shall be located and sited so as to minimize tree removal, grading, and visibility from common public viewing areas.

3.

New access roads shall:

a.

Be sited to reduce visibility from common public viewing areas, by siting to allow screening by existing and proposed vegetation and topography.

b.

Roads shall minimize grading, erosion, and scarring by siting new roads to conform with natural topography and by incorporating proper erosion and drainage control, engineering, and construction.

c.

New roads shall not be permitted on slopes of greater than thirty (30) percent, unless such roads comply with the provisions of Section 21.66.040c4.

d.

Access to residential, recreational, and agricultural uses should utilize existing access roads where feasible.

4.

New utility and transmission lines shall be placed underground, except upon demonstration that:

a.

The utility provider is unable feasibly to place utilities underground; or

b.

Overhead utilities will not have the potential to create substantially adverse visual impacts when viewed from a common public viewing area due to poles and lines being screened by existing or proposed topography or vegetation; or

c.

Overhead utilities will better protect resources of the property and area.

The following activities in the Farmlands (F), Permanent Grazing (PG), and Rural Grazing (RG) zoning districts are exempt from the provisions of this Chapter:

A.

Repair and maintenance of existing agricultural facilities and structures including, but not limited to, roads, fences, watering facilities, water tanks, barns, storage buildings and windmills.

B.

The establishment, maintenance and modification of agricultural operations including, but not limited to, changes in crops, brush removal and disposal, crop rotations, grazing, farm and ranch roads, planting, harvesting and reservoirs.

C.

Replacement of agricultural structures, provided the replacement structure does not exceed the height, floor area, lot coverage or bulk of the structure to be replaced by more than ten (10) percent.