Montebello Municipal Code Ch. 17.41 Viewshed Reservation

The purpose of this chapter is to establish regulations that protect and preserve significant views from public and private vantage points in the city of Montebello (the "city"). This ordinance aims to maintain the visual character of the community, enhance the aesthetics of the urban and natural environment, and preserve the public's access to important views, particularly those of mountainous areas, ridgelines, skyline views of cityscapes or city lights, and other key natural features.

(Ord. No. 2483, § 2, 10-8-2025)

For the purposes of this chapter, the following definitions apply:

A. Viewshed: The area visible from a specific location, such as a public street, park, or residential property, including natural features like ridgelines, hills, mountains, and valleys, as well as urban landmarks.

B. Protected View: A view from a hillside area deemed significant due to its scenic, cultural, historical, or environmental importance, as determined by the city's Planning Department or designated review body.

C. Building Height: The vertical distance measured from the finished grade to the highest point of the structure, including roof structures, chimneys, and antennae.

D. City Lights: The skyline canopy of city lights seen from a distance.

E. Obstruction: Any physical structure, including fences and walls, vegetation, or other elements that may obstruct or diminish a protected view.

F. Viewshed Protection Area: Geographic zones or areas defined by the city, where significant views are identified and subject to protection under this chapter.

G. Visual or Landscape Character: An impartial description of what the landscape consists of, defined by the relationships between existing, visible natural and built landscape features.

H. Visual Resource: Components of the visible natural, cultural, or project environments. A visual resource is any visible site, object, or feature of the landscape.

I. Visual Quality: Visual quality is a result of the interactive experience viewers and their environment.

J. Reflective exterior material: Material that causes glare like polished metal panels including stainless steel or aluminum composites.

(Ord. No. 2483, § 2, 10-8-2025)

A. The city council shall, from time to time, adopt and amend a map designating protected views and viewshed protection areas within the City. The map shall be maintained by the Planning and Community Development Department and available for public inspection.

B. Protected views shall include, but are not limited to:

• Views of significant ridgelines, skyline views of cityscapes or city lights, mountains, valleys, and other natural features.

• Views of landmarks and culturally important sites.

• Views from public spaces, such as parks, trails, and streets.

• Visual character defining resources and features include landforms, vegetation, land uses, buildings, transportation facilities, overhead utility structures and lighting, open space, viewpoints, and views to visual resources, waterbodies and historic structures.

(Ord. No. 2483, § 2, 10-8-2025)

A. Development Review: Fences, walls, hedges and any other landscape shall not exceed three feet in height, or six feet in height if the fence is made of non-view obscuring material. Fences, walls, hedges, and landscape obscuring over three feet will require a visual impact analysis.

B. Application Requirements: Developers shall submit a visual impact analysis as part of the development application, which demonstrates how the project will maintain or enhance the integrity of protected views.

C. Mitigation Measures: If a proposed development is found to significantly obstruct or diminish a protected view, the applicant may be required to:

• Adjust the height, size, color, bulk, or placement of the structure to minimize impact.

• Incorporate landscaping, screening, or other elements to reduce visual intrusion.

• Explore alternative site designs or building configurations that better preserve the protected view.

D. Variance: If the proposed development cannot be reasonably modified to avoid impact to a protected view, the applicant may request a variance, subject to approval by the Planning Commission, based on findings of exceptional circumstances.

(Ord. No. 2483, § 2, 10-8-2025)

Visual impact analysis may be required for any property in any viewshed area designated on section 17.41.050, viewshed preservation areas map. If it is determined by the Director of Planning and Community Development that the construction of new multiple story structure or any addition may obstruct the protected views, a visual analysis shall be required.

[Figure: VIEWSHED PRESERVATION AREAS MAP]

VIEWSHED PRESERVATION AREAS MAP

(Ord. No. 2483, § 2, 10-8-2025)

A. In designated viewshed protection areas, maximum building heights shall be regulated to prevent the obstruction of protected views.

B. The specific height limits for development projects within viewshed protection areas shall be determined by the city council and outlined in the city's Zoning Code.

C. Any building or structure that exceeds these height limits may be required to incorporate measures that minimize visual impact, such as stepped-back facades, lower profiles, or architectural features that blend with the natural environment.

(Ord. No. 2483, § 2, 10-8-2025)

A. In the designated viewshed protected areas, colors of residence, fences, walls, and all other exterior structures should complement or be consistent with the colors of the natural environment. Visible roof coverings and deck surfaces shall not be reflective.

B. For exterior surfaces, the materials should be natural such as stone and wood. Reflective exterior material finishes or glazing should not be utilized.

(Ord. No. 2483, § 2, 10-8-2025)

A. Property owners, residents, and other stakeholders within the viewshed protection areas shall be notified of proposed developments that may impact protected views. Public hearings and input shall be encouraged during the review process.

B. The city shall ensure that all decisions regarding viewshed protection are transparent and that stakeholders have an opportunity to voice concerns.

(Ord. No. 2483, § 2, 10-8-2025)

A. The city shall enforce the provisions of this chapter through its Planning and Community Development Department. Unauthorized development that causes significant harm to protected views may be subject to fines, penalties, or removal of the offending structures or obstructions.

B. The city may also issue notices of violation to property owners who fail to comply with view protection requirements.

C. The city shall provide a right to action for property owners who suffer losses (e.g., reduced property value) to either demand for the removal of the obstruction or monetary damages.

(Ord. No. 2483, § 2, 10-8-2025)

A. Pursuant to a determination by the Director of Planning and Community Development, exceptions to the provisions of this chapter may be granted under specific circumstances, including but not limited to:

• Projects that provide substantial public benefits that outweigh the visual impact.

• Emergency situations or critical infrastructure needs that require modifications to the existing development rules.

• Projects that satisfy the finding required for variances pursuant to MMC Section 17.72.060 as determined by the Director of Planning and Community Development.

(Ord. No. 2483, § 2, 10-8-2025)

Pursuant to the provisions of the California Environmental Quality Act ("CEQA") Section 15061(b)(3), the project is considered covered by the commonsense exemption. The common sense CEQA exemption section states that "CEQA applies only to projects which have the potential for causing a significant effect on the environment" and also states that "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The Viewshed Prevention Overlay does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Furthermore, the Viewshed Prevention Overlay is not considered a "project" under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

(Ord. No. 2483, § 2, 10-8-2025)

If any action, subsection, line, sentence, clause, phrase, or word of this chapter is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

(Ord. No. 2483, § 2, 10-8-2025)

This chapter shall become effective thirty days after approval by the city council.

(Ord. No. 2483, § 2, 10-8-2025)

The city clerk shall certify to the adoption of this chapter and shall cause the same to be published or posted according to law.

(Ord. No. 2483, § 2, 10-8-2025)