The Open Space (OS) Overlay Zone is designed to protect open space areas of community-wide residents, define Del Mar as a distinct and separate community, ensure an atmosphere of openness, and preserve scenic vistas and particularly unique natural features in specific neighborhoods. This overlay zone is applied to all parcels shown in the Open Space Element of the adopted Community Plan, and as may be amended thereto: The locations and designations of properties subject to open space sensitivities as described on pages 34 through 41 of said plan, as well as the development criteria to preserve such open space character/sensitivities described on said pages, shall be made part of this Chapter as if the matters and information set forth by such pages of the Community Plan were all fully described herein.

Property within the OS Overlay Zone shall be designated by ordinance to be depicted upon the City zone map.

Allowable uses in the Open Space (OS) Overlay Zone shall be those allowed by the underlying zone, subject to the regulations and restrictions of the underlying zone, to the open space development criteria for each parcel so designated in the adopted Community Plan or any amendment thereto.

A.

Unless otherwise exempted by this Chapter, no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered or enlarged, nor shall any lot or premises be excavated or graded unless a Conditional Use Permit is first obtained in accordance with the procedures set forth in this Code. Said Conditional Use Permit shall include, but not be limited to, provisions to assureconformity with the development criteria applicable to the property as described in the Open Space Element of the adopted Community Plan. If said element of the Community Plan so designates, the Planning Commission shall stay action on the Conditional Use Permit for a period of time necessary to enable residents of the area to attempt to form an assessment district for the purchase of such area. In no event shall the stay of action for such acquisition purposes exceed a one-year period from the time of filing the Conditional Use Permit application.

B.

A project involving the minor construction alteration, or remodeling of the exterior of a structure shall not be subject to the receipt of a Conditional Use Permit, provided:

1.

The proposed project involves the modification of an existing structure and the outer dimensions of such structure will not be extended by more than three feet;

2.

The project conforms with the development criteria applicable to the property as described in the Open Space Element of the adopted Community Plan; and

3.

The project receives all required design review approvals.

(Ord. No. 643)