Chapter 82.19 — OPEN SPACE (OS) OVERLAY

The Open Space (OS) Overlay established by 82.01.030 (Overlays) is created to address the issue of open space from many perspectives. It does not simply protect natural open space areas for wildlife; the Open Space Overlay strikes a balance between the needs of an urbanizing County and the many uses, which require open lands. The following are descriptions of the many types of open space considered in the overlay:

(a) Natural Resources. Open space for the protection of natural resources encompasses a variety of areas, which are required to maintain biological diversity, to protect significant natural features, and to ensure that future generations will have access to a quality “natural” experience. The County recognizes that natural areas in and adjacent to the urbanizing portions of the County are under substantial pressure. As urbanization of the Valley, Mountain and Desert Regions of the County continues, the loss of areas, which are capable of supporting both common and endangered plant and animal species, is accelerating. For this reason, protection of natural resources, or the proper management of natural lands for multiple users, is an important focus of the Open Space Overlay.

(b) Scenic Resources. Scenic areas in the County contain vistas that rival many found elsewhere in the State and the nation. These scenic resources can be deteriorated by increased urbanization along scenic corridors. The Open Space Overlay seeks to preserve these resources and to provide additional opportunities for the public to enjoy these pleasing features.

(c) Trails. Because they provide public access to open space lands and serve as an active recreational amenity, trails form an important part of the overlay. Trails will be used to provide entry and to direct public access to those areas which can safely withstand human activity, to provide alternative transportation opportunities, and to provide a sense of County history.

(Ord. 4011, passed - -2007)

The Open Space Overlay shall be applied to the areas described above. (Ord. 4011, passed - -2007)

Areas designated for Wildlife Corridors, Special Policy Areas or Buffer Zones: When a land use is proposed, or an existing land use is increased by more than 25 percent of disturbed area within a OS Overlay designated as a wildlife corridor, special policy area or buffer zone, the land use application shall include a biotic resources report or other special report as appropriate for the subject area prepared as follows, except where the Director finds that prior environmental studies approved by the County have determined that the site does not contain viable habitat.

(a) Report Content. If a biotic resources report is required, it shall identify all biotic resources located on the site and those on adjacent parcels that could be impacted by the proposed development and the impacts on the area as a wildlife corridor. If another special report is required, it shall identify all resources that are sensitive and need protection. The report shall also identify mitigation measures designed to reduce or eliminate impacts to the identified resources, and shall be submitted along with the application for the proposed development

(b) Report Preparation. The biotic resources report shall be prepared by an appropriate expert (e.g., a qualified biologist, botanist, herpetologist, or other professional “life scientist.” The professional qualifications of the person

preparing a biotic resources report shall be in compliance with § 82.11.050 (Professional Qualifications). The professional qualifications of the person preparing a paleontologic resources report shall be in compliance with § 82.19.040 (Paleontologist Qualifications). The professional qualifications of the person preparing another special report may also require special qualifications in compliance the Department’s procedures. (Ord. 4011, passed - -2007)

(a) Applicability. The criteria below shall be used to evaluate a land use proposed within a scenic area in an Open Space Overlay and shall apply to:

(1) Areas with unique views of the County’s desert, mountain and valley areas or any other aesthetic natural land formations.

(2) An area extending 200 feet on both sides of the ultimate road right-of-way of State and County designated Scenic Highways as identified in the General Plan. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.

(b) Report. A special viewshed analysis shall be required if it is determined through the preparation of an Initial Study pursuant to the California Environmental Quality Act (CEQA) that the proposed project may have a significant negative impact on the scenic values of the subject parcel. This analysis shall identify mitigation measures designed to reduce or eliminate potentially significant impacts to the viewshed.

(c) Building and Structure Placement. Structure placement and style shall be compatible with and shall not detract from the visual setting or obstruct significant views.

(d) Review Area. Land development proposals, including but not limited to residential facilities, commercial activities and mobile home parks/manufactured home land-lease communities, shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of development proposals shall also provide for maintenance of a natural open space parallel to and visible from the right-of-way.

(e) Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives.

(f) Landscaping. The removal of native vegetation, especially timber, shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

(g) Roads, Pedestrian Walkways, Parking and Storage Areas. A large-scale development should restrict the number of access points by providing common access roads. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, by the placement of structures, or by landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water.

utside storage areas shall be screened from view, to the maximum extent feasible, from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, by the placement of structures, or by landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water.

(h) Above Ground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above ground utilities shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, or by placement of structures. (i) Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural

topography shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

(j) Timber Harvesting. Timber harvesting within or adjacent to the right-of-way shall be limited to that which is necessary to maintain and enhance the quality of the forest.

(k) Storage Areas. Outside storage areas associated with commercial activities shall be completely screened from view of the right-of-way with landscaping and plantings that are compatible with the local environment and are capable of surviving with a minimum of maintenance and supplemental water.

(l) Signs. Off-site freestanding signs greater than 18 square feet are prohibited in the OS Overlay. On-site signs within this overlay shall be designed to reflect and preserve the unique scenic values of the scenic area. They shall not exceed 100 square feet in area. This on-site sign size requirement only applies to new on-site signs approved after January 15, 2014. No on-site signs existing prior to January 15, 2014 will be considered illegal or abandoned based upon the requirements of this subsection. The provisions of Chapter 83.13. (Sign Regulations) are applicable to the signs regulated by this subsection. The provisions of Chapter 83.13 and the environmental review required for all discretionary projects will ensure that the scenic quality of properties located within the overlay will be addressed.

(m) Wireless Telecommunication Facilities. Wireless telecommunication facilities shall be allowed within a scenic area pursuant to Chapter 84.27 (Wireless Telecommunication Facilities) of this Code.

(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014; Am. Ord. 4268, passed - -2015)

The following standards shall be used to evaluate proposed trails:

Table 82-24

Figure 82-1 Trails - Low Use and Natural Areas/Urban #1

Figure 82-2 Trails - Low Use and Natural Areas

Figure 82-3 Trails - Urban

Figure 82-4 Trails - Low Use and Natural Areas/Urban #2

(Ord. 4011, passed - -2007)