Chapter 21.33 — OS OPEN SPACE ZONE

The intent and purpose of the OS zone is to:

• (1) Provide for open space and recreational uses which have been deemed necessary for the aesthetically attractive and orderly growth of the community;

• (2) Protect and encourage said uses wherever feasible;

• (3) Be used in conjunction with publicly owned property utilized as parks, open space, recreation areas, civic centers and other public facilities of a similar nature;

• (4) Designate high priority resource areas at time of development that, when combined would create a logical and comprehensive open space system for the community;

• (5) Implement the goals and objectives of the general plan;

• (6) Protect areas set-aside and preserved as natural habitat and the biological resources located in the areas in conformance with the city's habitat management plan.

• (Ord. 9385 § 2, 1974; Ord. NS-783 § 2, 2006; Ord. CS-474, 8/20/2024)

Developments on Carlsbad State Beach will require permits subject to the requirements of the certified local coastal program. The local coastal program certified a coastal shoreline development overlay zone applicable to Carlsbad State Beach. It also established policies for the overall master plan for the area.

(Ord. NS-365 § 2, 1996)

• A. In an OS zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.

• B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.

• C. A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses.

• D. A use category may be general in nature, where more than one particular use fits into the general category (e.g., in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this OS open space zone (even under a general use category) unless it is specifically listed in Table A of this chapter as permitted or conditionally permitted.

Table A

Permitted Uses

In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below)

"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below)

• 1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.

• 2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.

• 3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.

• "Acc" indicates use is permitted as an accessory use.

Notes:

1. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09 .

2. A conditional use permit is required unless the use is permitted in conjunction with another permit such as a Master Plan, Specific Plan, or Planned Development.

(Ord. 9385 § 2, 1974; Ord. 9461 § 1, 1976; Ord. NS-791 § 25, 2006; Ord. CS-102 §§ LXXV, LXXVI, 2010; Ord. CS-164 § 10, 2011; Ord. CS-189 §§ XXXVII, XXXVIII, 2012; Ord. CS-224 § XXIX, 2013; Ord. CS-474, 8/20/2024)

• A. Notwithstanding Section 21.33.020 of this chapter, no development, uses, structures or activities shall be permitted in areas zoned for open space which have been set-aside and preserved for natural habitat in conformance with the city's habitat management plan except as provided below:

  1. Activities related to the management, maintenance and biological monitoring of the habitat by the managing entity as required by the habitat management plan and city and other regulatory agency permits and approved by the wildlife agencies in the habitat management plan and/or MHCP in order to preserve and protect the property for natural habitat purposes. Fuel modification activities are not allowed within the preserve areas;

  2. Planting and maintaining of locally native trees, shrubs and other native landscaping elements in order to restore or enhance the habitat area as required by the habitat management plan and city and other regulatory agency permits and approved by the wildlife agencies in the habitat management plan and/or MHCP including the appurtenances necessary to maintain the native landscaping placed thereon;

  3. Trails which are approved as part of the citywide trail program and which are located in conformance with city and other regulatory agency permits and are consistent with the

habitat management plan and MHCP Volume I, Section 6.3.8 for public access, and approved by the wildlife agencies;

4. Passive recreation uses such as hiking, picnicking and bird-watching if allowed by the city and other regulatory agency permits and approved by the wildlife agencies;

5. Existing utility easements;

6. Additional easements, subject to approval of the wildlife agencies, that are consistent with the preservation of the natural condition of the property, do not impair or interfere with the conservation values of the property and do not compromise the overall levels of conservation in the preserve or adversely affect preserve and species goals;

7. Fencing as required by the managing entity and which does not adversely affect wildlife movement and approved by the wildlife agencies;

8. Signing which identifies the property as a habitat preserve and informs persons of the nature and restrictions on the property and approved by the wildlife agencies; and

9. Other, minor ancillary uses or structures which have been specifically approved as part of the habitat management plan or as allowed by city or other regulatory agency permits and approved by the wildlife agencies. Ancillary structures that are specific to a project development, such as storm drains or detention basins, shall be allowed outside the preserve (any exceptions shall follow the appropriate process for a boundary adjustment).

which have been specifically approved as part of the habitat management plan or as allowed by city or other regulatory agency permits and approved by the wildlife agencies. Ancillary structures that are specific to a project development, such as storm drains or detention basins, shall be allowed outside the preserve (any exceptions shall follow the appropriate process for a boundary adjustment).

• B. A conservation easement shall be placed on all open space areas set-aside and preserved as natural habitat in conformance with the habitat management plan. The conservation easement shall ensure that the property will be preserved in perpetuity and will be managed and maintained for its natural habitat value. The easement shall specifically list all allowable and prohibited open space uses.

• (Ord. NS-783 § 3, 2006)

There shall be no minimum lot area established for the OS zone district. The size of the lot shall be dependent upon the existing or proposed use. (Ord. 9385 § 2, 1974; Ord. CS-474, 8/20/2024)

No building or structure in the OS zone district shall exceed twenty-five feet in height unless a higher elevation is approved by a minor conditional use permit issued by the City Planner. (Ord. 9385 § 2, 1974; Ord. NS-180 § 22, 1991; Ord. CS-224 § XXX, 2013; Ord. CS-474, 8/20/2024)