The OS district is to provide for the preservation, conservation and use of open space lands which form a part of the open space system of the city. It is the further purpose of the OS district to limit the use of such lands to appropriate open space uses and related uses so long as the lands shall remain in the OS district and, in the event of an application for the reclassification of any such lands to other than open space zoning, to insure sufficient time prior to reclassification to enable the city or other responsible agency to negotiate for the purchase or other acceptable arrangement to continue the land in open space use. This section is not intended as authorizing the city to adopt or reclassify open space lands in any manner which will take or damage private property for public use without the payment of just compensation therefor.

(Ord. 954 § 2 (part), 1981)

All lands designated as open space in the open space element of the Daly City general plan may be included in the OS district. Such lands may include but are not limited to the following:

A.

Public parks, beaches, playgrounds and school grounds, improved bicycle and/or pedestrian trails, and visitor centers;

B.

Private school grounds and church grounds of a predominantly open character;

C.

Golf courses, country clubs and other commercial recreation facilities;

D.

Privately and jointly owned open spaces reserved for open space use as part of a planned development;

E.

Land which, because of steep slope, geotechnical hazard or similar reason, are unsuitable for development;

F.

Any other publicly or privately owned open space which in the opinion of the Daly City planning commission, functions as a part of the open space system of the city and is included in the open space element of the Daly City general plan.

(Ord. 1006 § 1, 1983; Ord. 954 § 2 (part), 1981)

Following are the principal uses permitted in the OS district:

A.

Active and passive recreation, including any structures incidental to such use existing at the time of inclusion in the OS district;

B.

Educational and cultural uses, including any structures incidental to such uses existing at the time of inclusion in the OS district;

C.

Agriculture and horticulture, including any structures incidental to such uses existing at the time of inclusion in the OS district;

D.

Open space as a reserve for fire protection, seismic or other geotechnical safety, water conservation, protection of view or similar appropriate purpose.

(Ord. 954 § 2 (part), 1981)

Following are the accessory uses permitted in the OS district:

A.

Uses and buildings normally incidental and accessory to a principal use;

B.

Parking lots and driveways necessary to service permitted principal uses.

(Ord. 954 § 2 (part), 1981)

Following are the uses which may be permitted in an OS district subject to the approval of a use permit:

A.

Any addition to an existing structure which will increase the coverage of the structure, or any new structure, except minor recreational or horticultural structures such as playground equipment, trellises and fences;

B.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space and which are visitor-oriented.

(Ord. 1006 § 2, 1983; Ord. 954 § 2 (part), 1981)

The procedure for the reclassification of land set forth in Chapter 17.48 shall apply to property in the OS district subject to the following modification:

A.

Following a public hearing the planning commission shall determine whether it is in the public interests of the city to retain the subject property in an open space zone as against permitting its reclassification. The decision on this question shall be made by resolution, and decision of the planning commission shall be transmitted to the city council, together with a report setting forth reasons for the decision.

B.

Following receipt of the recommendation of the planning commission, the city council shall hold a public hearing. Following such hearing, the city council may decide by resolution to:

1.

Seek means to retain the property in question in open space use; or,

2.

Permit a reclassification of the subject property.

C.

Should the city council's decision be the first alternative, all further proceedings for the reclassification of the property shall be halted for a minimum period of ninety days from the date of city council action, during which time the city council shall actively seek to negotiate arrangements, which may include purchase or other acceptable means, to retain the property in open space use.

If, at the end of such period, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The planning commission shall thereafter proceed in accordance with the provisions of Section 17.48.

D.

Should the city council's decision be the second alterative as listed in Section 17.23.060B(2) above, the matter shall thereupon forthwith be returned to the planning commission which shall consider the reclassification applied for in accordance with the provisions of Chapter 17.48.

(Ord. 954 § 2 (part), 1981)

In addition to information for a use permit required by Chapter 17.44, each application shall include the following:

A.

Additional site plan details, including but not limited to the following:

1.

Existing topography and any proposed changes due to grading or filling operations,

2.

Existing trees and other major vegetation and the proposed landscaping and irrigation plans,

3.

Location and dimensions of all roads, driveways, parking and pedestrian and bicycle paths, and

4.

Existing and proposed drainage pattern on the site and surrounding area;

B.

Geotechnical report, prepared and signed by a licensed geologist, including but not limited to the following:

1.

Site topography,

2.

Soils and geologic composition,

3.

Past and possible future landslide and/or erosion conditions, both natural and artificially induced,

4.

Ground and surface water conditions,

5.

Stability of the site, potential impact of the proposed project, and any mitigation measures or potential alternatives necessary to insure structural integrity of the site and structures for the economic life of the project, and

6.

Certification that the development will have no adverse effect on the site or adjacent areas, will not endanger life or property, and will not require protective structures at any time during the economic life of the project;

C.

Environmental evaluation pursuant to CEQA.

(Ord. 1006 § 3, 1983)

Prior to issuing a permit for development in the coastal zone, the following procedures shall be followed:

A.

A public hearing shall be held by the planning commission;

B.

Notice of the public hearing shall be given as required by law and to all persons as required by law and, in addition, notice shall be given to all persons who have filed request for notice, and to the coastal commission;

C.

The planning commission shall make a recommendation concerning the application for development to the city council for final determination;

D.

In connection with an appeal under Chapters 17.23, 17.25 and 17.27 of this code, the same shall be made to the State Coastal Commission pursuant to the Public Resources Code, Section 30603(A), (B) and (C), and shall be as set forth in Article 17 of the Coastal Commission Regulations.

(Ord. 1006 § 4, 1983)