I. AESTHETICS
Would the project:
(a) Have a substantial adverse effect on a scenic vista?
1. Determining the Scope of the Question
There is no clear cut definition of what constitutes a scenic vista. What some may consider a scenic vista may not be considered that by others. A general plan, specific plan, zoning code or other planning document may provide guidance.
For example, a general plan may contain a policy that states "Locate and site development to preserve public and private views of hillside areas and the Santa Victoria Mountains." In this case, the Santa Victoria Mountains are considered a scenic vista because the general plan states so.
In another example, the zoning code may have provisions for ridgeline protection and contain a map that identifies certain ridgelines that are considered to be important to the community's identity. These ridgelines would be considered a scenic vista.
Determining whether or not a scenic vista exists can become very subjective if there is no guidance in a general plan, specific plan, zoning code, or other planning documents. In Mira Mar Mobile Community v. City of Oceanside, the Court of Appeal, Fourth District determined that "under CEQA, the question is whether a project will affect the environment of persons in general, not whether a project will affect particular persons." The court also confirmed that it is appropriate for lead agencies to look to local planning thresholds when defining the visual impact standard.
In general, in answering this question it is best to apply a broad approach to what constitutes a scenic vista. Not all of these relate to ocean views, mountains, hills, lakes, rivers, canyons, open spaces or other natural features.
They can include an urban setting that is important on a communitywide basis and helps define the aesthetic character of a community. For example, areas of the community that contain unique types of development (e.g. a cluster of historic buildings) or areas that define a gateway to the community (e.g. a bridge, building, or other structure).
CEQA Initial Study includes updated information on Amendments to Appendix G effective March 18, 2010 for Greenhouse Gas Emissions.
If you are preparing an Initial Study Checklist and are looking for information about any of the 89 questions simply flip to that section of the book to find the information you need. It is an easy quick reference guide.
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