Rancho Palos Verdes Municipal Code Ch. 17.32 Open Space Hazard (oh) District

The open space hazard district prevents unsafe development of hazardous areas that must be preserved or regulated for public health and safety purposes. This district provides for limited recreational use of land without permanent structures, except those approved herein. All applications for development of permanent structures submitted pursuant to this chapter shall not be deemed complete until geotechnical and/or soils reports, which analyze development of the proposed structures, have been submitted and approved by the city's geotechnical staff.

(Code 1981, § 17.32.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Lands shall be placed in the open space hazard district when the use of said land would endanger the public health, safety and welfare. Open space hazard districts shall include:

A. Areas where the existing natural slope exceeds 35 percent, areas experiencing downslope movement, areas unstable for development, areas where grading or development of the land may endanger the public health and safety due to erosion or flooding, and the ocean bluffs; and

B. Areas subject to flooding or inundation from stormwater.

(Code 1981, § 17.32.020; Ord. No. 78(part), 1975; Ord. No. 90, § 4, 1977; Ord. No. 320, § 7(part), 1997)

Land in open space hazard districts may be used for the following, provided that the applicable Natural Overlay Control District (OC-1) performance criteria established in chapter 17.40 (Overlay Control Districts) is satisfied:

A. Outdoor passive recreation uses, such as parks, trails and other suitable facilities;

B. The preservation of areas of outstanding scenic, geologic, historic or cultural value;

C. The preservation of natural resources, including, but not limited to, plant and animal life;

D. The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions;

E. The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas;

F. Single-family residential structures existing on June 26, 1975. Such structures may be replaced, repaired, or restored in accordance with the provisions of Code subsection 15.20.040(B), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard. The applicant shall comply with any conditions of approval, including, but not limited to, the abatement measures listed in section 15.20.050 (landslide protection measures required) determined to be applicable by the city's geotechnical staff;

G. Remedial grading and grading, as per section 17.76.040 (Grading Permit);

H. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

I. Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions);

J. The growing of crops and/or fruits on one acre or less for noncommercial purposes;

K. The use of a cargo container for storage on a developed lot, as per section 17.76.180 (Cargo Containers); and

L. Other uses as provided in any applicable overlay or special districts.

(Code 1981, § 17.32.030; Ord. No. 78(part), 1975; Ord. No. 125, § 3, 1980; Ord. No. 320, § 7(part), 1997; Ord. No. 462, § 11, 2007; Ord. No. 696, § 5, 12-2-2025)

The following uses and developments may be permitted in an Open Space Hazard (OH) District pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A. Comfort stations;

B. Maintenance buildings, larger than 120 square feet in area and up to 400 square feet in area;

C. Public utility structures;

D. Limited outdoor active recreational uses which do not involve permanent structures or significant alterations to the existing topography and which do not involve golf courses, driving ranges and related ancillary uses;

E. Agricultural and horticultural uses of more than one acre, as long as such uses will not further increase hazardous conditions, alter the nature of other permitted uses, or eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency; and

F. Additional facilities, as long as such facilities are not permanent, are clearly accessory and subordinate to the primary use, will not alter the nature of, and are limited to, those facilities necessary for utilization of the open space land.

(Code 1981, § 17.32.040; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

A. The following uses and developments may be permitted only with city council review and approval of a site plan review application:

1. Self-contained chemical toilets;

2. Maintenance buildings, not to exceed 120 square feet; and

3. Access to a lawful use or lot is permitted in the Open Space Hazard (OH) District, provided:

a. No other practical access to such use or lot is available;

b. Such access will not alter the character of the premises in respect to permitted uses in the open space hazard district;

c. Such access will not further increase hazardous conditions or alter the nature of the permitted uses; and

d. Such access will not eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency.

B. The city council, in approving the site plan review application, must find as follows:

1. That the uses and developments:

a. Are not permanent, with the exception of access;

b. Are clearly accessory and subordinate to the primary use;

c. Will not alter the nature of the open space land;

d. Are limited to those facilities necessary for utilization of the open space land; and

2. That the site plans comply with the provisions of chapter 17.70 (Site Plan Review).

(Code 1981, § 17.32.050; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

Notwithstanding any other provision of this code, commercial marijuana activities, as defined in section 17.96.445 (Commercial Marijuana Activities), are prohibited in the open space hazard district of the city.

(Code 1981, § 17.32.055; Ord. No. 600U, § 5, 11-8-2017)