Chapter 17.054 — OPEN SPACE--RECREATIONAL USE (OS-R) ZONE

The open space-recreational use or OS-R zone is established to implement the intent, recommendations and requirements of the general plan/local coastal program land use plan. It is the intent of this zone to provide areas of recreational uses. All uses in this zone are subject to a conditional use permit.

Examples of conditionally permitted uses include but are not limited to:

• A. Passive recreational uses including but not limited to:

1. Walking trails;

2. Non-permanent benches set on grade;

3. Sun bathing; and,

4. Other similar uses

• B. Active recreational uses including but not limited to:

1. Multi-purpose parks;

2. Golf courses;

3. Tennis courts and other play courts;

4. Gazebos; and,

5. Other similar uses.

• C. All other similar uses consistent with the requirements of the general plan/local coastal program land use plan.

All activities which have the potential to damage or destroy the environmental resources in the OS-R zone shall be prohibited unless specifically permitted by the permit issuing agency with provisions for adequately protecting any environmental resources.

A. If an owner of real property lot or parcel demonstrates to the city's satisfaction that the non-structural open space uses allowed in Section 17.054.020 above do not permit a feasible and beneficial use of the property, the city will accept and process a conditional use permit application to construct one residential unit only on said property.

• B. The minimum development standards for any such residence shall be:

1. No more than eighty percent, or five thousand s.f. of the lot or parcel, whichever is the least, shall be utilized for residential uses including buildings, parking, landscaping, gardening, outdoor living and other uses;

2. Building height shall be no greater than fifteen feet and shall comply with all general plan standards;

3. Unit size shall not exceed sixty percent of the lot's area square footage, or two thousand square feet, whichever is smaller;

4. A permanent open space easement shall be recorded over any portion of the development not occupied by a structure or driveway or the residential living area of B(1) above;

5. Subject to architectural review and approval with particular attention to amelioration of structural features which adversely impact the areas and resources described in Section 17.054.020 above;

6. Subject to review and approval of project landscaping by the parks, recreation and beautification commission.

C. If the city has adopted an applicable transfer of density rights policy, the owner of an open space lot or parcel entitled to build one residence thereon pursuant to this Section 17.054.040 may request the city to transfer entitlement to other property in the city pursuant to said policy provided that a condition of any such transfer shall be a requirement that the open space parcel be dedicated to the city for open space purpose only, either in fee or subject to a permanent open space easement as authorized by State Law.

The city may, of its sole discretion, approve or deny said request. For all such density transfers which are approved, the city and the property owner shall execute a recordable development agreement specifying all terms and conditions of the agreement.