Chapter 17.42


17.42.010    Purpose and intent.

17.42.020    Permitted uses and structures.

17.42.030    Prohibited uses and structures.

17.42.010 Purpose and intent.

The purpose of these Open Space/Preserve areas is to preserve and protect open space, scenic views, the natural environment, and habitat for aesthetic, conservation, and ecological purposes. Any use, activity, or improvement that is inconsistent or incompatible with or may impair or interfere with the purpose of this land use category to preserve and protect the value, desirability, attractiveness, and use of the land as open space, scenic views, and natural habitat is prohibited. No buildings, structures, facilities, or other improvements shall be constructed in Open Space/Preserve areas, including but not limited to any parking area and bathrooms, except the limited improvements set forth in SBMC 17.42.020. (Ord. 476 § 2, 2017)

17.42.020 Permitted uses and structures.

Permitted Improvements shall be aesthetically compatible and consistent in scale with the restored natural conditions and native habitat. The Permitted Improvements consist of the following:

A. Restoration activities that restore land to a natural topography and condition, and restore and enhance habitat values.

B. Grading activities necessary to restore disturbed land to its approximate natural topography and condition, and to accommodate drainage, trails, and viewing areas.

C. Vegetation: Removal of non-native and invasive vegetation. Installation and maintenance of native non-invasive vegetation.

D. Irrigation. Installation of temporary irrigation facilities for vegetation.

E. Drainage and Erosion. Installation of drainage and erosion control structures, facilities, materials, and systems.

F. Trails. Walking trails consisting of natural soil or decomposed granite or other natural material (asphalt, concrete, and other manufactured or similar materials are not permitted); and the width walking trails shall not exceed four feet or the minimum width provided by the Americans with Disabilities Act, whichever is wider.

G. Viewing Overlook Areas.

H. Erosion Control. Maintenance of erosion control and soil retention structures, facilities, materials, and systems to prevent, control, or remedy erosion or subsidence.

I. Temporary Fences. Install temporary fences or bollards to protect vegetation or habitat, and fences to provide a safety barrier. All fences cannot exceed a height of 42 inches, unless otherwise required by law to be higher. All fences shall be designed and constructed of materials that minimize impairment of views and do not block views. No permanent fences or walls shall be constructed or maintained. However, some bollards may remain for a long period of time, or indefinitely if necessary, to protect vegetation from being damaged.

J. Signs. No commercial signage shall be constructed, installed, or maintained on the Property. Allowable signage includes: a monument sign and directional and interpretive signs. The monument sign shall name or identify the entire Property as “Harbaugh Seaside Trail” at the “San Elijo Lagoon Ecological Reserve.” Any directional and interpretive signs shall be oriented toward pedestrian viewing and may be located along walking trails and at viewing overlook areas.

K. Benches for seating.

L. Pedestrian scale trash receptacles. (Ord. 476 § 2, 2017)

17.42.030 Prohibited uses and structures.

Any use or activity that is inconsistent or incompatible with the purpose of this chapter shall be prohibited. Examples of prohibited uses include the following:

A. Construction, installation, maintenance, or reconstruction of any building, structure, or facility of any type, including but not limited to any bathroom facility, except those structures expressly provided in SBMC 17.42.020 as Permitted Improvements.

B. Signs. Construction, installation, or maintenance of any billboard or sign, except the permitted signs described in SBMC 17.42.020(J).

C. Lighting. Installation or maintenance of any lighting pole, structure, or facility.

D. Vehicle Parking. Construction or maintenance of any vehicle parking area.

E. Fences and Walls. Construction, installation, or maintenance of any fence or wall, except permitted temporary fencing as described in SBMC 17.42.020(I).

F. Alteration of Topography. Grading or otherwise materially altering the general topography of the Property, including building of roads or paving or otherwise covering any portion of the Property with concrete, asphalt, or any other impervious material or substantially changing the grade of land, except permitted grading as described in SBMC 17.42.020(B).

G. Mining. Excavating, dredging, filling, removing, mining, drilling, exploring for or extracting soil, loam, gravel, sand, rock, minerals, natural gas, fuel, oil, or other mineral substance or material on or below the surface of land or granting or authorizing surface entry for any of these purposes (unless the removal constitutes restoration work required for a Permitted Improvement or the soil to be removed is contaminated, including contamination with debris or hazardous materials).

H. Vegetation Removal. Removing, destroying, or cutting of trees, shrubs, or other vegetation, unless the removal constitutes restoration work required for a Permitted Improvement or removal of non-native or invasive vegetation as provided herein, and except for safety purposes, maintenance of the Trail and around signs, or as required by law for the following: (1) prevention or treatment of disease; or (2) fire breaks.

I. Vegetation. Installation and maintenance of non-native or invasive vegetation.

J. Vehicles. The use of off-road vehicles and any other motorized vehicles, except vehicles used for property maintenance and then only over existing trails.

K. Pesticides. Use of non-organic pesticides.

L. Agricultural Activity. Agricultural activity of any kind, including grazing.

M. Hunting or Fishing.

N. Non-Open Space Uses. Commercial, industrial, residential, or institutional uses.

O. Storage. Depositing, storing, or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials.

P. Water Quality. Any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters.

Q. Water and Other Rights. Transferring, selling, leasing, encumbering, abandoning, relinquishing, or otherwise separating the mineral, air or water rights for the Property; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment by action or inaction of any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Property, including but not limited to: (1) riparian water rights; (2) appropriative water rights; (3) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Property; and (4) any water from wells that are in existence or may be constructed in the future.

R. Violation of Law. Engaging in any use or activity that may violate, or may fail to comply with, relevant applicable federal, state, or local laws, regulations or policies is prohibited.

S. Dumping, storage, or accumulation of any kind of trash, refuse, debris, or derelict materials or equipment on the Property is prohibited, except in permitted trash receptacles as described in SBMC 17.42.020(L). (Ord. 476 § 2, 2017)