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Guide to the CEQA Original Study Checklist 2010


I. AESTHETICS

Would the project:

(a) Have a substantial adverse impact on a scenic vista?

one. Figuring out the Scope of the Dilemma

There is no obvious slice definition of what constitutes a scenic vista. What some may well take into consideration a scenic vista may well not be regarded that by some others. A basic approach, particular approach, zoning code or other planning doc may well give guidance.

For case in point, a basic approach may well have a coverage that states “Track down and internet site improvement to protect general public and personal views of hillside spots and the Santa Victoria Mountains.” In this scenario, the Santa Victoria Mountains are regarded a scenic vista mainly because the basic approach states so.

In yet another case in point, the zoning code may well have provisions for ridgeline security and have a map that identifies selected ridgelines that are regarded to be significant to the community’s identity. These ridgelines would be regarded a scenic vista.

Figuring out whether or not or not a scenic vista exists can turn out to be incredibly subjective if there is no guidance in a basic approach, particular approach, zoning code, or other planning documents. In Mira Mar Mobile Local community v. Town of Oceanside, the Courtroom of Charm, Fourth District established that “under CEQA, the query is whether or not a project will have an affect on the natural environment of people in basic, not whether or not a project will have an affect on particular people.” The court also confirmed that it is proper for direct companies to glance to local planning thresholds when defining the visible influence standard.

In basic, in answering this query it is very best to implement a wide approach to what constitutes a scenic vista. Not all of these relate to ocean views, mountains, hills, lakes, rivers, canyons, open areas or other organic functions.

They can consist of an urban setting that is significant on a communitywide foundation and can help define the aesthetic character of a local community. For case in point, spots of the local community that have exclusive kinds of improvement (e.g. a cluster of historic structures) or spots that define a gateway to the local community (e.g. a bridge, creating, or other structure).

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