Chapter 17.10
O OR OPEN SPACE DISTRICT*

Sections:

17.10.010    Generally.

17.10.020    Lands to be included.

17.10.030    Permitted uses.

17.10.040    Conditional uses.

17.10.050    Reclassification.

*    Prior ordinance history: Ords. 77-10 and 82-14.

17.10.010 Generally.

The purpose of the O district is to promote a rural atmosphere in an otherwise urban or semi-urban development, to hold for future generations open space in which trees and plants can grow. The regulations of this chapter shall apply in all O districts. (Zoning ordinance dated 7/94 (part), 1994)

17.10.020 Lands to be included.

All lands designated as park and open space in the local coastal land use plan shall be included in the open space district and all lands designated as open space in the open space element of the Marina general plan may be included in the O district. Such lands may include, but are not limited to the following:

A.    Crop and tree farming, grazing of sheep, cattle and goats;

B.    Public parks and playgrounds, and public recreation facilities;

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

D.    Sandy beaches and beach accesses, sensitive habitat areas and vernal ponds and wetland setback areas;

E.    Golf courses and country clubs;

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

G.    Land which because of geophysical or similar hazard is unsuitable for development;

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

I.    Open space as a reserve for seismic safety, erosion protection, protection of view or similar appropriate purpose. (Zoning ordinance dated 7/94 (part), 1994)

17.10.030 Permitted uses.

Permitted uses in the O district shall be crop and tree farming and grazing of horses and cattle, sheep and goats. (Zoning ordinance dated 7/94 (part), 1994)

17.10.040 Conditional uses.

Uses permitted subject to first securing a use permit and in the Coastal Zone a coastal permit:

A.    Buildings and structures accessory to any permitted use;

B.    Educational and cultural uses including any structures incidental to such uses existing at the time of inclusion in the O district;

C.    Uses and buildings normally incidental and accessory to the above principal uses: except in the Coastal Zone, structures shall be permitted only where they are ancillary to public recreational use or necessary to protect existing development or uses;

D.    Beach access and, where suitable, beach access parking;

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

F.    Shoreline erosion protection structures. (Zoning ordinance dated 7/94 (part), 1994)

17.10.050 Reclassification.

The procedure for the reclassification of land set forth in Chapter 17.58 shall apply to property in the O districts, subject to the following modifications:

A.    Following a public hearing, the planning commission shall determine whether it is in the public’s interest of the city to retain the subject property in open space use as against permitting its reclassification to the use applied for and whether the proposed reclassification is consistent with the general plan and all applicable portions of the local coastal land use plan. The decision on this question shall be made by resolution and shall be transmitted to the city council together with a report setting forth reasons for said decision.

B.    Following receipt of the recommendation of the planning commission the city council shall hold a public hearing. Following such hearing the council may decide by resolution either 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 council’s decision be the first alternative as listed in subsection (B)(1) of this section, all further proceedings for the reclassification of the property shall be halted for a period of not to exceed ninety days from the date of 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. The period set forth herein may be extended by mutual agreement of the council and the applicant for reclassification. If at the end of the ninety days, or such longer period as may be agreed upon, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The commission shall thereafter proceed in accordance with the provisions of Chapter 17.58.

D.    Should the council’s decision be the second alternative as listed in subsection (B)(2) of this section, the matter shall be returned to the planning commission which shall consider the reclassification applied for in accordance with the procedure set forth in Chapter 17.58.

E.    In areas not designated in the local coastal land use plan for open space, reclassification of property in the Coastal Zone shall not become effective until an amendment to the local coastal program has been certified by the State Coastal Commission. (Zoning ordinance dated 7/94 (part), 1994)