Chapter 17.40


17.40.010    Purpose and intent.

17.40.020    Permitted uses and structures.

17.40.030    Property development regulations.

17.40.040    Specific requirements.

17.40.050    Off-street parking requirements.

17.40.010 Purpose and intent.

The purpose of the open space/recreation zone (OSR) is to implement the goals and objectives for open space and recreational uses as established in the Solana Beach general plan. More specifically, the (OSR) zone is intended to:

A. Provide for a comprehensive network of permanent, multifunctional, public and privately owned open space areas within the city;

B. Preserve, protect, and enhance the value of natural resources including topographical and geological features, plant and wildlife habitats, coastal wetlands, beaches, coastal bluffs, watershed areas, resource buffer areas and scenic areas; and

C. Provide sufficient space to meet the community’s present and prospective needs for various recreational and cultural activities including developed public parks, recreational facilities and golf courses. (Ord. 185 § 2, 1993)

17.40.020 Permitted uses and structures.

A. Principal and Conditional Uses. The uses permitted in the open space/recreation zone shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Permitted, conditional, and prohibited uses are indicated as follows:

“PL”    indicates that the use shall be permitted in the zone subject to the limitations set forth in subsection B of this section.

“C”    indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).

“CC”    indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).

“E”    indicates that the use shall be prohibited within the zone.

In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).

B. Use Limitations.

1. Single-family dwellings shall be permitted as a principal use in the (OSR) zone on existing privately owned legal lots only, in accordance with the property development regulations and specific requirements established for the (ER-2) zone (SBMC 17.20.030 and 17.20.040). No lot shall be occupied by more than one dwelling unit. Lot splits or subdivisions of existing property shall not be permitted except where necessary to create lots which are to be permanently dedicated to an open space use appropriate to the site and consistent with the purpose and intent of the (OSR) zone.

2. Home occupations shall be allowed as an accessory use to a residential use subject to the requirements set forth in SBMC 17.20.040 (A) (Residential Zones).

C. Accessory Uses and Structures.

1. All accessory uses and structures shall be determined on an individual basis in conjunction with the conditional use permit for the principal use, except for permitted residential uses.

2. Accessory uses and structures for permitted residential uses shall be the same as the requirements for accessory uses and structures established for the (ER-2) zone (SBMC 17.20.020(C)) and SBMC 17.40.040.

D. Temporary Uses and Structures. Temporary uses and structures shall be permitted in the (OSR) zone pursuant to the regulations of SBMC 17.60.010 (Temporary Uses and Structures). (Ord. 185 § 2, 1993)

17.40.030 Property development regulations.

A. The minimum lot sizes and dimensions, minimum setbacks, and maximum floor areas for development in the (OSR) zone shall be determined on an individual basis in conjunction with the conditional use permit; provided a minimum 10-foot setback shall be required where any portion of the lot abuts a residentially zoned property.

B. The maximum building coverage for development in the (OSR) zone shall be 50 percent.

C. The maximum building height for development in the (OSR) zone shall be 30 feet. (Ord. 185 § 2, 1993)

17.40.040 Specific requirements.

A. Coastal Wetland Areas.

1. Development or land alterations in coastal lagoon wetland areas shall be limited to:

a. Aquaculture, nature study projects or similar resource dependent uses.

b. Wetland restoration projects.

c. Incidental public utility improvements, where there is no feasible, less environmentally damaging alternative, and where mitigation measures have been provided to minimize adverse environmental effects.

2. A buffer of 100 feet in width shall be maintained around all identified coastal lagoon wetland areas unless the applicant demonstrates that a buffer of lesser width will protect the resources of the wetland, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigations (such as planting of vegetation or construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the wetland. Maps and supplemental information submitted as part of the application shall be used to determine the specific boundaries of the wetland and buffer. The California Department of Fish and Game and the U.S. Fish and Wildlife Service, Army Corps of Engineers shall be consulted in such buffer determinations. All buildings or other improvements proposed to be placed or erected, and all grading activities proposed to be undertaken adjacent to a wetland shall be located so as not to contribute to increased sediment loading of the wetland, cause disturbance to its habitat values, or otherwise impair the functional capacity of the wetland.

B. Holmwood Canyon Area. Environmentally sensitive areas, upland slopes and watershed areas within or adjacent to the Holmwood Canyon-San Elijo Lagoon Ecological Reserve Area shall be preserved in their natural state. Grading and development in this area shall be limited to:

1. Single-family dwellings as set forth in SBMC 17.40.020(B);

2. Access roads to permitted single-family dwellings;

3. Nature study projects or similar resource dependent uses;

4. Nature trails, benches, interpretive markers, and similar types of structures;

5. Habitat restoration projects;

6. Public utility improvements where there is no feasible, less environmentally damaging alternative, and where mitigation measures have been provided to minimize adverse environmental effects;

7. Open fences to provide for safety and to protect resource areas;

8. Other improvements necessary to protect the natural habitat, control erosion, or prevent damage to adjacent wetlands.

C. Beach Areas. Development on sand or rock beaches shall be limited to:

1. Lifeguard towers and stations and associated security facilities;

2. Temporary public comfort stations;

3. Safety and public information signs;

4. Stairway landings, ramps, and other physical access structures as proposed within the city’s local coastal program land use plan or general plan;

5. Public recreational equipment; and

6. Fire rings.

D. Coastal Bluff Areas. No structure or improvement or portion thereof within the OSR zone shall be placed or erected, and no grading shall be undertaken, within 40 feet of any point along a coastal bluff edge or on a coastal bluff face, except for the following uses:

1. Public access structures identified in the city’s general plan including, but not limited to, walkways leading to a permitted beach access facility, stairways, ramps and other structures or devices designed and intended to provide access from the top of the bluff to the beach; provided, that construction thereof shall not require excavation of the bluff face, except to the extent necessary to accommodate placement of vertical or lateral support members.

2. Open fences (non-view-obscuring types), as reasonably necessary to provide for safety, to discourage indiscriminate traverse upon the face of the bluff, and to protect resource areas.

3. Bluff repair, irrigation and erosion control measures when a permit therefor has been issued pursuant to Chapter 17.62 SBMC (Shoreline and Coastal Bluff Protection) or SBMC 17.68.040(B).

4. Public parks and associated recreational facilities; provided such facilities are located at least 10 feet from the bluff edge. Such facilities may include walkways, benches, tables, signs, play equipment, lighting standards, open shade structures, open fences, decks and similar structures, excluding swimming pools, spas, paved parking lots, and enclosed buildings.

5. Landscaping materials and features; provided such materials are installed and maintained so as to assure that neither during growing stages nor upon maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points. Native and other drought-tolerant plant species shall be utilized in order to eliminate irrigation requirements and to reduce potential slide hazards due to watering of the bluffs. All drainage from the site shall be directed away from the bluff edge.

E. Outdoor Lighting. Outdoor night lighting of recreational areas shall not be permitted in designated “dark sky” areas. All exterior lighting, including lighting in designated “dark sky” areas, shall be in conformance with SBMC 17.60.060 (Exterior Lighting Regulations).

F. Golf Courses and Related Facilities. Golf courses are subject to a conditional use permit issued by the city council and are subject to the following requirements:

1. Golf courses shall be prohibited within areas designated as sensitive lands (see definition of “sensitive lands” Chapter 17.08 SBMC, Definitions).

2. State-of-the art water conservation techniques shall be incorporated into the design and irrigation of the golf course.

3. Treated effluent shall be used for irrigation where available.

4. Any perimeter walls or fences shall provide a viewshed window design along all public rights-of-ways, incorporating a mix of pilasters and wrought iron fencing or equivalent treatment.

5. All accessory facilities including, but not limited to, club houses, maintenance buildings, and half-way club houses shall be designed and located to ensure compatibility and harmony with the golf course setting. (Ord. 195 § 2, 1994; Ord. 185 § 2, 1993)

17.40.050 Off-street parking requirements.

Parking and loading requirements shall be as prescribed in Chapter 17.52 SBMC. (Ord. 185 § 2, 1993)