Chapter 18.16
OS ZONE

Sections:

18.16.010    Purpose and intent.

18.16.020    Uses permitted.

18.16.025    Uses permitted with a conditional use permit.

18.16.030    Uses requiring specific development plan.

18.16.040    Specific development plan.

18.16.050    Coastal zone limitations on development in bluffs.

18.16.060    Prohibited uses.

18.16.010 Purpose and intent.

The purpose of the open space (OS) zone is to preserve, promote and enhance valuable natural and open space resources in the city. It is also the purpose of the application of this zone to assure that uses of the open space lands and facilities are compatible with other permitted uses in the community.

The open space zone land consists of all publicly owned land including all city-owned land, including parklands and street rights-of-way, except any land within the coastal zone as defined by the California Coastal Commission, all school sites utilized or owned by the Palos Verdes Peninsula Unified School District, all sites utilized or owned by the Palos Verdes Peninsula Library District, and all land owned or which could be owned by the Palos Verdes Homes Association as a result of the exercise of any reversionary rights.

The provisions of this chapter are intended to provide criteria and procedures by which these resources may be properly used and maintained. It is further the intent of these provisions to implement the goals and objectives of the conservation and public facilities sections of the Palos Verdes Estates general plan. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 450 § 1, 1987; Ord. 449 § 1, 1987; Ord. 373 § 2, 1983)

18.16.020 Uses permitted.

The following uses shall be permitted in the OS zone:

A. Undeveloped natural open space available for visual and physical enjoyment of the public;

B. Elementary school facilities in use as elementary schools on January 1, 1985, including classrooms, meeting rooms, administration, and physical education facilities including playgrounds and sports courts;

C. Public intermediate or junior high school facilities in use as intermediate or junior high schools on January 1, 1985, including classrooms, meeting rooms, administration, and physical education facilities including playgrounds and sports courts;

D. Public high school facilities in use as high schools on January 1, 1985, including classrooms, meeting rooms, administration, and physical education facilities including playgrounds and sports courts;

E. Citizens, parent-teacher associations, Camp Fire Girls, Boy Scout troops, Girl Scouts, YMCA, YWCA, farmers’ organizations, school-community advisory council, senior citizens’ organizations, clubs and associations formed for recreational, educational, political, economic, artistic or moral activities of the public school districts may engage in supervised recreational activities and they may meet and discuss, from time to time, as they may desire, any subjects and questions which in their judgment pertain to the educational, political, economic, artistic and moral interests of the citizens of the committees;

F. Public, literary, scientific, recreational, education or public agency meetings;

G. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies;

H. Supervised recreational activities;

I. Libraries in use as libraries as of January 1, 1985;

J. Open space for the preservation of natural resources, including without limitation areas required for the preservation of plant and animal life, habitat for fish and wildlife species, areas required for ecologic and other scientific studies, and rivers, streams and estuaries; and

K. Open space areas needed for public health and safety, including without limitation areas which require special city management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, and areas required for the protection of water quality and water reservoirs. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 450 § 1, 1987; Ord. 449 § 1, 1987; Ord. 373 § 2, 1983)

18.16.025 Uses permitted with a conditional use permit.

The following uses may be permitted in the OS zone with the granting of a conditional use permit in the manner prescribed in Chapter 17.20 PVEMC:

A. Public special education and continuation classrooms, public adult education classrooms, public school nonclassroom facilities and new public school facilities;

B. Firehouses;

C. Parks or playgrounds, other than as permitted in PVEMC 18.16.020;

D. Private schools, which include classroom uses;

E. Art galleries, museums or libraries open to the public;

F. The conduct of religious services;

G. Private studios for artists, musicians and other cultural and scientific endeavors;

H. Uses of existing facilities or public property which are not permitted by PVEMC 18.16.020. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 450 § 2, 1987; Ord. 449 § 2, 1987)

18.16.030 Uses requiring specific development plan.

A specific development plan shall be required with the submission of an application for a conditional use permit when there is new construction, structural alteration, modification or additions to any structure and/or open space facility such as parks, playgrounds, parking lots, perimeter or interior landscaping, fencing, walls, lighting, utilities or paving on a site in the OS zone.

The specific development plan shall be prepared and processed in accordance with PVEMC 18.16.040. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 450 § 1, 1987; Ord. 449 § 1, 1987; Ord. 373 § 2, 1983)

18.16.040 Specific development plan.

A. Applicant. Application for a specific development plan shall be made by the owner of the property involved or the owner’s duly authorized representative or by a purchaser or lessee of the property with the written consent of the owner.

B. Application. The application shall be filed with the city on the form provided by the city for that purpose. The application shall include the following documents and information:

1. The property involved, including the identification of any geologic, seismic or other safety hazards present on the site and mitigation measures proposed, existing uses of the site, legal description of the site and relationship of the site to surrounding land uses;

2. The proposed use of the site and its relationship to the general plan and this chapter, the location and identification of all proposed structures, together with height, bulk and setback limitations;

3. Elevations and type, color and texture of all exterior materials of all structures, existing and proposed;

4. The location, height and exterior materials of all walls and fences, existing and proposed;

5. Provisions for public and private transportation, water supply, sewerage disposal, stormwater drainage, disposal of solid wastes, and energy supply;

6. The location, number of spaces, dimensions and circulation pattern of all off-street parking and loading areas, existing and proposed;

7. The location, size, height, exterior materials and lighting of all signs, existing and proposed;

8. The location and type of all outdoor lighting, existing and proposed;

9. The location and extent of existing and proposed streets and proposed street improvements;

10. A landscape plan indicating existing and proposed natural features such as vegetation, watercourses, and topography;

11. Standards for the maintenance and preservation of landscaping and natural resources;

12. A radius map and a certified list of the names and addresses of all property owners within three hundred feet from the exterior boundaries of the property involved, as shown on the latest assessment roll of the county treasurer;

13. Proposed implementation measures and conditions necessary to comply with this title and the general plan; and

14. Such additional information as the planning commission, from time to time, may deem necessary or desirable.

C. Application Fee. The application shall be accompanied by the payment of a filing fee, as established by resolution of the city council.

D. Upon the acceptance of a completed application, the director shall review the application for conformance with the provisions of this title. The director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the planning commission and schedule the matter for public hearing before the planning commission pursuant to the provisions of PVEMC 17.04.100. The planning commission shall hold such public hearing and make a written recommendation to the city council.

E. The city council, after receipt of the recommendation of the planning commission, shall hold a final hearing upon the proposed application and take such action as it deems appropriate.

F. Adoption a Legislative Act. The adoption of a specific development plan and any amendment thereto is a legislative act which shall be reviewable pursuant to Cal. Civ. Proc. Code § 1085 and shall be subject to initiative and referendum.

G. Procedure for Administration. Every specific development plan adopted by the city shall be administered in accordance with the provisions of Cal. Gov. Code Title 7, Division 1, Chapter 3, Article 8, Specific Plans, commencing with Cal. Gov. Code § 65450. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 373 § 2, 1983)

18.16.050 Coastal zone limitations on development in bluffs.

The provisions of PVEMC 18.16.020 and 18.16.030 notwithstanding, structures, additions to structures, grading, stairways, pools, tennis courts, spas or solid fences may be constructed on private property on, or within fifty feet of, the bluff edge only with a coastal development permit granted by the city only after preparation of a geologic report and findings by the city that the proposed structure, addition, grading, stairway, pool, tennis court, spa, and/or solid fence:

A. Poses no threat to the health, safety and general welfare of persons in the area by reason of identified geologic conditions which cannot be mitigated; and

B. The proposed structure, addition, grading, stairway, pool, tennis court, spa, and/or solid fence will minimize alteration of natural landforms and shall not be visually intrusive from public view points in the coastal zone. Permitted development shall not be considered visually intrusive if it incorporates the following to the maximum extent feasible:

1. The development is sited on the least visible portion of the site as seen from public view points;

2. The development conforms to the scale of existing surrounding development;

3. The development incorporates landscaping to soften and screen structures; and

4. The development incorporates materials, colors, and/or designs which are more compatible with natural surroundings. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 535 § E, 1991)

18.16.060 Prohibited uses.

The following uses are prohibited in the OS zone:

A. Cannabis delivery, including the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the state under the Medical Marijuana Regulation and Safety Act, which enables persons, qualified patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of medical marijuana or medical marijuana products, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

B. Commercial cannabis activities, including cultivation, possession, manufacture, possessing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical marijuana or medical marijuana products, except as set forth in Cal. Bus. & Prof. Code § 19319, related to qualified patients and/or primary caregivers.

C. Cultivation of cannabis or medical marijuana, including the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

D. All other similar uses deemed detrimental to the public health and safety of residents and quality of life. The decision of the approving authority as to whether a particular use is detrimental shall be made during the site plan review process. (Ord. 716 § 5, 2016)