The open space hazard district prevents unsafe development of hazardous areas that must be preserved or regulated for public health and safety purposes. This district provides for limited recreational use of land without permanent structures, except those approved herein. All applications for development of permanent structures submitted pursuant to this chapter shall not be deemed complete until geotechnical and/or soils reports, which analyze development of the proposed structures, have been submitted and approved by the city's geotechnical staff.

(Code 1981, § 17.32.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Lands shall be placed in the open space hazard district when the use of said land would endanger the public health, safety and welfare. Open space hazard districts shall include:

A.

Areas where the existing natural slope exceeds 35 percent, areas experiencing downslope movement, areas unstable for development, areas where grading or development of the land may endanger the public health and safety due to erosion or flooding, and the ocean bluffs; and

B.

Areas subject to flooding or inundation from stormwater.

(Code 1981, § 17.32.020; Ord. No. 78(part), 1975; Ord. No. 90, § 4, 1977; Ord. No. 320, § 7(part), 1997)

Land in open space hazard districts may be used for the following, provided that the applicable Natural Overlay Control District (OC-1) performance criteria established in chapter 17.40 (Overlay Control Districts) is satisfied:

A.

Outdoor passive recreation uses, such as parks, trails and other suitable facilities;

B.

The preservation of areas of outstanding scenic, geologic, historic or cultural value;

C.

The preservation of natural resources, including, but not limited to, plant and animal life;

D.

The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions;

E.

The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas;

F.

Single-family residential structures existing on June 26, 1975. Such structures may be replaced, repaired, restored or moved to a more suitable and stable location in accordance with the provisions of Code section 15.20.040(B), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard. The applicant shall comply with any conditions of approval, including, but not limited to, the abatement measures listed in section 15.20.050 (Landslide Mitigation Measures Required) determined to be applicable by the city's geotechnical staff;

G.

Remedial grading and grading, as per section 17.76.040 (Grading Permit);

H.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

I.

Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions);

J.

The growing of crops and/or fruits on one acre or less for noncommercial purposes;

K.

The use of a cargo container for storage on a developed lot, as per section 17.76.180 (Cargo Containers); and

L.

Other uses as provided in any applicable overlay or special districts.

(Code 1981, § 17.32.030; Ord. No. 78(part), 1975; Ord. No. 125, § 3, 1980; Ord. No. 320, § 7(part), 1997; Ord. No. 462, § 11, 2007)

The following uses and developments may be permitted in an Open Space Hazard (OH) District pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Comfort stations;

B.

Maintenance buildings, larger than 120 square feet in area and up to 400 square feet in area;

C.

Public utility structures;

D.

Limited outdoor active recreational uses which do not involve permanent structures or significant alterations to the existing topography and which do not involve golf courses, driving ranges and related ancillary uses;

E.

Agricultural and horticultural uses of more than one acre, as long as such uses will not further increase hazardous conditions, alter the nature of other permitted uses, or eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency; and

F.

Additional facilities, as long as such facilities are not permanent, are clearly accessory and subordinate to the primary use, will not alter the nature of, and are limited to, those facilities necessary for utilization of the open space land.

(Code 1981, § 17.32.040; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

A.

The following uses and developments may be permitted only with city council review and approval of a site plan review application:

1.

Self-contained chemical toilets;

2.

Maintenance buildings, not to exceed 120 square feet; and

3.

Access to a lawful use or lot is permitted in the Open Space Hazard (OH) District, provided:

a.

No other practical access to such use or lot is available;

b.

Such access will not alter the character of the premises in respect to permitted uses in the open space hazard district;

c.

Such access will not further increase hazardous conditions or alter the nature of the permitted uses; and

d.

Such access will not eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency.

B.

The city council, in approving the site plan review application, must find as follows:

1.

That the uses and developments:

a.

Are not permanent, with the exception of access;

b.

Are clearly accessory and subordinate to the primary use;

c.

Will not alter the nature of the open space land;

d.

Are limited to those facilities necessary for utilization of the open space land; and

2.

That the site plans comply with the provisions of chapter 17.70 (Site Plan Review).

(Code 1981, § 17.32.050; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

Notwithstanding any other provision of this code, commercial marijuana activities, as defined in section 17.96.445 (Commercial Marijuana Activities), are prohibited in the open space hazard district of the city.

(Code 1981, § 17.32.055; Ord. No. 600U, § 5, 11-8-2017)

The Open Space Recreation District (OR) provides open space for outdoor recreation, including, but not limited to, areas particularly suited for park and recreational purposes, including access to beaches, natural drainage channels and areas which serve as links between major recreation and open space reservations, including utility easements, banks of natural drainage channels, trails and scenic corridors.

(Code 1981, § 17.34.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

When land is in public ownership:

1.

Public parks, playgrounds, wildlife preserves and viewing areas;

2.

Drainage channels, banks of natural drainage channels, watercourses, corridors, accessways and easements; and

3.

Active recreational uses.

B.

Privately owned land upon formal agreement between the owner and the city for a specific period of time:

1.

Land which is in its natural condition;

2.

Land which is in agricultural or horticultural use; and

3.

Active recreational uses.

(Code 1981, § 17.34.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Only the following uses may be constructed or conducted in open space recreation districts:

A.

Drainage channels, watercourses, parkways, trails and utility easements;

B.

Public recreational uses. Those in the coastal specific plan district shall be compatible with, and incidental to, the uses set forth in the coastal specific plan;

C.

Agriculture and horticulture;

D.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

E.

Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions);

F.

Recycling centers, pursuant to chapter 17.58 (Recycling);

G.

Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); and

H.

Other uses as provided in any applicable overlay or special district.

(Code 1981, § 17.34.030; Ord. No. 78(part), 1975; Ord. No. 149, § 9, 1982; Ord. No. 320, § 7(part), 1997)

The following uses may be permitted in the open space recreation district pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Privately owned recreational areas of an open nature, stables, parks, playgrounds, wildlife preserves and such buildings and structures as are related thereto;

B.

Residential structures for a caretaker and family;

C.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

D.

Developments of natural resources, except in the coastal specific plan district;

E.

Golf courses, driving ranges and related ancillary uses;

F.

Helistops, in conjunction with another use allowed by this chapter;

G.

Public utility structures;

H.

Small wind energy systems, pursuant to section 17.83.060 (Small Wind Energy Systems); and

I.

Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program.

(Code 1981, § 17.34.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 11, 2002; Ord. No. 481, § 23, 2008)

Notwithstanding any other provision of this code, commercial marijuana activities, as defined in section 17.96.445 (Commercial Marijuana Activities), are prohibited in the open space recreation district of the city.

(Code 1981, § 17.34.045; Ord. No. 600U, § 6, 11-8-2017)

The following development standards shall apply to all privately owned land and structures in the open space recreation district:

A.

Minimum lot size. No lot shall be created with an area of less than one acre, except that the planning commission may permit a smaller lot or may rezone a smaller lot to the open space recreation district upon finding that such smaller lot will provide for an open area which is to be used by the general public or a group of property owners.

B.

Building height. Institutional buildings erected in the city shall have a building height not greater than 16 feet and shall not exceed one story, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits).

C.

Lot coverage. Lot area covered by buildings or structures shall not exceed ten percent of the total lot area.

D.

Parking. Parking spaces for private uses shall be provided as required by the planning commission. Such requirement shall be based on the requirements of this title for uses similar to the proposed use. (For parking area development standards, see chapter 17.50 (Nonresidential Parking and Loading Standards)).

(Code 1981, § 17.34.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)