The open space--natural resources protection or OS-1 zone is established to implement the intent and recommendations and requirements of the environmental issues section of the general plan/local coastal program land use plan. This zone is also established to protect the city's natural resources as identified in the general plan/local coastal program land use plan through the use of open space.

   In the open space—natural resources protection zone the following uses only are permitted as hereafter specifically provided for by this section and subject to the general provisions and exceptions set forth in Chapters 17.102 and 17.105.

   A.   Short-term rentals and homestays (see Chapter 17.113).

(Ord. O-2018-006 § 5, 2018)

   A.   It is the intent of this zone to provide for natural open space and the protection of environmentally sensitive habitats in selected areas of the city with a minimum of structural improvements in these areas. Examples of such uses shall include but not be limited to greenbelts for the protection of scenic resources, facilities for wildlife habitat, groundwater retention basins, erosion control and passive recreational uses. Protection of environmentally sensitive habitats through the use of this zone shall conform to the resource management guidelines established by Public Resources Code Sections 30233, 30236, and 30240 so as to site and design permitted uses in the least environmentally damaging method available. All such uses in this zone are subject to a condition use permit.

   B.   Areas designated in the general plan/local coastal program land use plan as significant natural resource areas shall not be developed in any manner if potential impacts to a designated significant resource cannot be adequately mitigated.

   C.   The butterfly habitat located at the state park property shall not be altered or removed in any way except when posing a serious threat to life or property.

   D.   Any form of development adjacent to the critical area of the butterfly habitat at the state park property shall have a minimum setback of fifty feet from the habitat area or as otherwise provided in the general plan/local coastal program land use plan.

   E.   All development, including dredging, filling, grading, channelizations, dams or other substantial alterations within stream and riparian corridors shall incorporate the best mitigation measures feasible and shall be limited to:

   1.   Water supply projects;

   2.   Flood control projects where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development; or

   3.   Developments where the primary function is the improvement of fish and wildlife habitat.

   F.   All permitted construction and grading within creek corridors and riparian creek corridors shall be carried out in such a manner as to minimize impacts from increased run-off, sedimentation, biochemical degradation or thermal pollution.

   G.   No land divisions within environmentally sensitive habitat areas shall be permitted, nor shall any parcel be created from an existing parcel whose only buildable area would be located in an environmentally sensitive habitat area or adjacent buffer area.

   A.   If a private owner of real property lot or parcel demonstrates to the city's satisfaction that the non-structural open space uses allowed in Section 17.051.020 above do not permit a feasible and beneficial use of the property, the property owner may apply for a conditional use permit application to construct one residential unit only on said property. For the purposes of this section, "feasible" shall be as defined in Section 17.006.0450; and "beneficial" use means a use which produces favorable and advantageous results, both social and economic, consistent with the advancing the goals, policies and programs of the certified LCP.

   B.   The minimum development standards for any such residence shall be:

   1.   No more than sixty percent, or five thousand s.f. of the lot or parcel, whichever is the least, shall be utilized for residential uses including buildings, parking, landscaping, gardening, outdoor living and other uses.

   2.   The height of any structure shall not exceed fifteen feet above natural grade and no portion of any structure shall obscure the view of the ocean downward from the level of the freeway sight position as defined in Section 17.096.020 of the zoning ordinance. The applicant shall submit, with the application for a conditional use permit, a visual analysis of the proposed project from the vantage point of the freeway sight position. This analysis shall depict the effects of the proposed project on the ocean viewshed as seen from designated Scenic Highway 101. Using the freeway sight position as the viewing point, the analysis shall draw a plane downward over the project site toward the ocean and shall include the entire ocean view.

   The survey shall include a cross section and elevation of the property and proposed structures viewing the proposal from Highway 101. If the analysis demonstrates that any of the existing ocean view is obstructed, but the city finds that the lot would be unbuildable with the application of these standards, then the city may approve a project which minimizes the ocean view obstruction, consistent with this section.

   3.   Unit size shall not exceed sixty percent of the lot's area square footage, or two thousand square feet, whichever is smaller.

   4.   A permanent open space easement shall be recorded over any portion of the development not occupied by a structure or driveway or the residential living area of B(1) above.

   5.   Subject to architectural review and approval with particular attention to amelioration of structural features which adversely impact the areas and resources described in Section 17.051.020 above.

   6.   All landscape and irrigation plans shall be reviewed and approved by the city parks, recreation and beautification committee prior to the issuance of building permits. In addition to all other applicable landscaping requirements, the applicant shall utilize drought tolerant plants native to the central coast to the maximum extent feasible, and shall use species which at maturity will not impair views of the ocean as established pursuant to subsection (2) above. Future changes to the landscaping on site shall conform to this section and shall be reviewed and approved in advance of planting by the community development director.

   C.   The private owner of an open space lot or parcel entitled to build one residence thereon pursuant to this Section 17.051.030 may request the city to "transfer" entitlement to other property in the city pursuant to said policy provided that a condition of any such transfer shall be a requirement that the open space parcel be dedicated to the city for open space purpose only, either in fee or subject to a permanent open space easement as authorized by State Law.

   The city may, of its sole discretion, approve or deny said request. For all such density transfers which are approved, the city and the property owner shall execute a recordable development agreement specifying all terms and conditions of the agreement.