Encinitas Municipal Code § 6.4 Open Space Zone ("os" Zone)

Unless subject to a Park and Recreation overlay, only the following uses shall be permitted within an area designated as Open Space.

A. Permitted Uses. The following uses shall be permitted in all Open Space Zones ("OS" Zones) located within the Encinitas Ranch Specific Plan Area:

Recreation trails and paths and associated structures.

B. Minor Use Permit. The following uses are permitted provided a Minor Use Permit has been granted pursuant to the Municipal Code.

Bicycle trails and paths for non-motorized equipment and vehicles.

C. Other Uses. Any use that is not specifically listed in Subsections A and B, above, may be considered a permitted use provided that the Director of Community Development finds that the proposed use is substantially the same in character and intensity as those uses listed in Subsection A. The intent of the Open Space Zone is to preserve biological and cultural resources intact, while allowing minimal human access into the zone.

Unless subject to a Park and Recreation overlay, an area designated as Open Space shall be subject to the following development standards:

A. The maximum width of any trail or path located in natural open space areas shall not exceed six feet in width, unless required by the City Engineer or a governmental/quasi-governmental agency for safety or access reasons.

B. Recreation trails in natural open space areas shall be sited to avoid, to the maximum extent feasible, adverse impacts to existing native plant materials and wildlife. The City shall not authorize the use of trails in natural open space areas (subject to the Open Space Zone) by horses and non-motorized bicycles unless such use is first reviewed and approved by the California Department of Fish and Game and the U.S. Fish and Wildlife Service.

C. Vertical grade of trails and paths shall not exceed 20%, unless specific exceptions to this standard are approved by the City Engineer.

D. The cross-sectional pitch of any trail shall be 1% minimum to 5% maximum to ensure natural sheet flow to avoid concentration of drainage.

E. Fencing trails and paths is not desirable and shall not be required unless necessary to limit intrusion into sensitive habitats by humans and domesticated animals, or to separate users of the trails and paths from potentially hazardous conditions such as steep slopes or embankments.

F. Native vegetation shall be planted/maintained adjacent to trails within sensitive habitat areas to discourage uncontrolled access into such areas.

List amended 3/18/98 (Reso. 98-17); paragraph amended 8/23/95 (Reso. 95-91) and 3/18/98 (Reso. 98-17)