Chapter 17.44 — OPEN-SPACE ZONES AND STANDARDS

17.44.010 - Purpose and Intent. ¶

The General Plan details the goals, objectives and policies for the City's open-space zones, including the preservation and enhancement of an extensive network of parks, passive open spaces, and recreational facilities for the use of San Clemente residents and visitors. It is the purpose of this chapter to implement the General Plan's vision for the open-space zones through development regulations that allow for a range of passive and active open-space opportunities, the preservation of environmental and aesthetic resources including topographical features, and protection of life and property from environmental hazards.

A.

Publicly Owned Open-Space (OS 1) Zone. The OS 1 land-use designation is intended to preserve publicly owned open space including parks, recreational uses, and ancillary facilities, permitting a range of activities from passive recreational uses such as hiking to more intensive, active recreational uses requiring indoor or outdoor recreational facilities.

B.

Publicly Owned Shoreline (OS S1) Zone. The OS S1 land-use designation is intended to preserve publicly owned shoreline as open space, while allowing for passive and active recreational activities, and preserving the unique character of San Clemente's oceanfront, coastal resources, public views, and access to coastal resources. Activities in the OS S1 zone shall range from passive recreational uses such as walking to more intensive, active recreational, cultural, and tourist-oriented uses requiring indoor or outdoor facilities, such as the public pier.

C.

Privately Owned Open-Space (OS 2 and OS 3) Zones. The General Plan contains two categories of strictly privately owned open space, OS 2 and OS 3, both of which are intended to accommodate privately owned open space for passive recreational activities, aesthetic enjoyment, the protection of significant environmental resources, including sensitive habitat and topographical features, and protection of life and property from environmental hazards. Along with a number of passive recreational activities, the OS 2 designation also allows for golf courses and ancillary uses. The OS 3 designation comprises parcels that are set aside by easements and intended for the preservation of open space.

D.

Privately Owned Shoreline (OS S2) Zone. The OS S2 land-use designation is intended to preserve privately owned shoreline as open space, while allowing for passive recreational activities, encouraging increasing public access, and preserving the unique character of San Clemente's oceanfront, coastal resources.

Activities in the OS S2 zone shall include passive recreational activities such as surfing, hiking and swimming.

E.

Publicly and Privately Owned Golf Courses (OSC) Zone. The OSC land-use designation is intended to preserve open space in the form of publicly or privately owned golf courses and ancillary facilities, including clubhouses, restaurants, driving ranges, and pro shops. Golf courses and their ancillary facilities shall be designed to be compatible with adjacent development and to preserve significant environmental resources, including habitat areas and topographical features, to the extent feasible.

(Ord. 1172 § 3 (part), 1996)

17.44.020 - Open-Space Zone Use Regulations. ¶

A.

Permitted and Conditionally Permitted Uses. .....The uses identified in Table 17.44.020, Open-Space Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table 17.44.020 shall be permitted or conditionally permitted as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
MC	Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070,Minor Conditional Use Permits, of this title.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 17.16.060,Conditional Use Permits, of this title.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B. Prohibited Uses. The following uses are prohibited:

1.

Uses that are listed in Table 17.40.030 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC," "C," or "O"; and

2.

Uses that are excluded from Table 17.40.030, unless they are found by the City to be similar to permitted or conditionally-permitted uses.

3.

Uses where a blank cell appears in Table 17.40.030.

4.

The following uses are not permitted In any mixed-use zone:

a.

Marijuana Cultivation.

b.

Marijuana Manufacturing.

c.

Marijuana Testing Laboratory.

d.

Marijuana Delivery.

e.

Marijuana Dispensary.

5.

The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any open-space zone to the fullest extent allowed by state law.

Table 17.44.020 - Open-Space Zone Uses

Use	OS/ 1	OS/ S1	OS 2/ OS 3	OS/ S2	OSC
1. Agricultural Uses
Animals, Commercial Grazing of Large Species1			C
Apiaries (Bee Raising)			C
Crop and Tree Farming			C
Marijuana Cultivation
Nurseries, Farming Only			C
2. Commercial Uses

Business Concessions in Conjunction with Approved Recreational Uses	MC	MC	MC	MC	MC
Clubhouses (Private) in Conjunction with Recreational Uses			C	C	C
Marijuana Delivery
Marijuana Dispensary
Marijuana Manufacturer
Marijuana Testing Laboratory
Private or Rental Cabanas w/o Kitchens (Not Suitable for Dwelling; Serving Only as Temporary Shelters and Dressing Rooms)				C
Recreational Rental Concessions in Conjunction with Previously Approved Recreational Uses	C	C	C	C	C
Tourist Information Ofces	C	C
3. Public/Quasi-Public and Institutional	Uses
Amphitheaters, Open Air (Not Including Drive-Ins)	C
Arboretums, Public or Private	C		C
Aquariums	C	C
Athletic Fields	C		C
Boardwalks		C		C
Community Recreation Center (Public)	C	C
Dance Pavilions (Open Air, Public)	C

Use	OS/ 1	OS/ S1	OS 2/ OS 3	OS/ S2	OSC
Golf Courses (Public/Private) and Ancillary Facilities Such as Clubhouses, Restaurants and Bars			C		P2
Golf Driving Ranges: Free-Standing In Association with Golf Courses			C		C

Use	OS/ 1	OS/ S1	OS 2/ OS 3	OS/ S2	OSC
Observatories or Planetariums	C
Open Space (Undeveloped)	P	P	P	P	P
Parking Lots in Conjunction with Recreational Uses3	C	C
Parks4	O	O	O	O	O
Preserves: (Archeological, Botanical, Geological, Historical, Wildlife):
a. No Physical Change	P	P	P	P	P
b. With Physical Change	C	C	C	C	C
Public Beaches		P		P
Public Piers, Revetments, Break- Waters, Groins, Harbor Channels, Sea Walls, Clif Retaining Walls		C
Public Safety Facilities (Including Police, Fire and Marine Safety)	MC	MC	MC	MC	MC
Public Utilities:5
a. City-Initiated Project	O	O	O	O	O
b. Projects Initiated by Outside Agencies
i. Major	C	C	C	C	C
ii. Minor	P	P	P	P	P
Railroad Facilities:
a. Establishment of New Tracks and Appurtenant Railroad Facilities		C		C
b. Maintenance of Tracks and Appurtenant Railroad Facilities		P		P
Riding Academies/Public Stables for Boarding Horses on Site (Minimum fve+ Acres)	C
Trails: (Riding, Hiking, Bicycle, No Motorized Vehicles)	C	C	C	C	C

Use	OS/ 1	OS/ S1	OS 2	OS 3	OS/ S2	OSC
4. Residential Uses
Caretaker's Unit and Related Ofces			C			C
5. Unclassifed Uses
Accessory Buildings	C	C	C	C	C	C
Baseball Batting/Pitching Ranges (Outdoor)		C	C			C

Use	OS/ 1	OS/ S1	OS 2/ OS 3		OS/ S2	OSC
Grading6, (Not Accompanying a Development Request)
a. Emergency	P	P	P		P	P
b. Major	C	C	C		C	C
c. Minor	P	P	P		P	P
Shooting Ranges, Outdoor	C

1 Refer to Section 17.28.060, Animals, Commercial Grazing and Raising of Large Species, of this title, for special provisions for the commercial grazing of large species.

2 New golf courses in the OSC zone require approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (17.16.110).

3 Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.

4 Please refer to Section 17.28.230, Public Park Facilities, of this title, for other review requirements for public park facilities. Passive and active facilities require different types of review.

5 Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.

6 Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.

(Ord. 1172 § 3 (part), 1996; Ord. 1314 §§ 49—51, 2006; Ord. No. 1575, § 3(Exh. A, § 10), 12-3-2013; Ord. No. 1613, §§ 5(Exh. A, 8, 9), 1-19-2016; Ord. No. 1632, § 3(Exh. A, §§ 9, 10), 11-15-2016; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.44.030 - Open-Space Zone General Development Standards and Guidelines.

The following property development standards and guidelines shall apply to all land and permitted or conditionally permitted buildings and uses located within their respective open-space zones.

A.

General Development Standards. Table 17.44.030, Open-Space Zone Development Standards lists site development standards for open-space zones.

Table 17.44.030

Open-Space Zone Development Standards

Standards	OS 1, OS S1, OS 2, OS S2, OS 3	OSC
Lot Area, Minimum	Determined through the discretionary review process, as required in Table 17.44.020, Permitted and Conditional Uses in Open-Space Zones. Refer to the development guidelines for	Determined through the discretionary review process, as required in Table 17.44.020, Permitted and Conditional Uses in Open-Space Zones. Refer to the development guidelines for
Lot Width, Minimum
Front Yard Setback, Minimum
Interior-Side Yard Setback, Minimum	open-space zones in Section 17.44.030(C), Development Guidelines, of this title. Please	open-space zones in Section 17.44.030(C), Development Guidelines, of this title. Please
Street-Side Yard Setback, Minimum	refer to Section 17.24.170, Residentially Zoned Property, Development Adjacent To, of this title, for setbacks from	refer to Section 17.24.170, Residentially Zoned Property, Development Adjacent To, of this title, for setbacks from
Rear Yard Setback, Minimum	nonresidential building from residentially zoned property.	nonresidential building from residentially zoned property.
Lot Coverage, Maximum	Refer to Section 17.64.060(C), Landscaping, of this title, for landscaping setbacks for parking areas.	Refer to Section 17.64.060(C), Landscaping, of this title, for landscaping setbacks for parking areas.
Floor Area Ratio, Maximum
Building Height, Maximum		TOR: 33 ft. PL: 26 ft. and 2 stories
Landscaping	For general landscaping standards, please refer to Chapter 17.68, Landscape Standards, of this title. Specifc requirements for an individual site shall be determined as part of the discretionary review required for a project.
Parking	Refer to Chapter 17.64,Parking and Access Standards, of this title for parking requirements.
Open Space Easement Boundaries	The more restrictive of the following shall be used to distinguish zoning boundaries on the zoning map when they vary from recorded open space easements: 1) the easement, or 2) land use map efective on Measure V (Ord. 1475) adoption date.

B.

Special Open Space Zones. The City has a number of open space areas that include inland canyons. The open space areas containing inland canyons are shown on the City's Zoning Map with an "IC" overlay designation. Refer to Section 17.24.060, Canyons, Setbacks, Inland, of this title, for setbacks for inland canyons.

C.

Development Guidelines. Because the majority of development standards for the open-space zones will be determined through the site plan review process, the following development guidelines are provided to be used in the discretionary process, along with applicable guidelines found in the City's Design Guidelines.

1.

In the OS 1, OS S1, OS 2, OS S2, and OS 3 zones, development shall:

a.

Maintain public view corridors to the beach and ocean and other environmental resources;

b.

Avoid impacts to sensitive habitat areas and topographical features;

c.

Provide for safe, enhanced public access;

d.

Maintain the sense of open space essential to the character of the area;

e.

Be restricted to one story, providing for additional height if the function of the use requires additional height.

2.

In the OSC zone, development shall:

a.

Maintain public view corridors to the beach and ocean and other environmental resources;

b.

Avoid impacts to sensitive habitat areas and topographical features, to the extent feasible;

Maintain the sense of open space essential to the character of the area.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1638, § 3(Exh. A, § 5), 1-17-2017)

17.44.040 - Open-Space Zone Special Development Standards.

Chapter 17.24, General Development Standards, of this title includes a number of special provisions affecting open-space properties. Unless otherwise indicated in the referenced sections, or in other City documents regulating open-space zones, the development standards listed in Chapter 17.24, General Development Standards, of this title, shall apply to all zones described in this chapter.

Table 17.44.040

Special Development Standards for All Open-Space Zones

Standards	Sections
Accessory Buildings	Section 17.24.040
Building Equipment and Services and Their Screening	Section 17.24.050
Canyon Setbacks, Inland	Section 17.24.060
Encroachment into Setbacks and Height Limits, General	Section 17.24.080
Fences, Walls, Hedges	Section 17.24.090
Height Limitations	Section 17.24.110
Lighting	Section 17.24.130
Of-Street Loading Area	Section 17.24.150
Relocation of Structures	Section 17.24.160
Residentially Zoned Properties, Development Adjacent To	Section 17.24.170
Retaining Walls	Section 17.24.180
Skirt Walls	Section 17.24.190
Substandard Lots	Section 17.24.200
Through Lots, Rear Yard Setback for	Section 17.24.210
Trip Reduction Measures for Projects With Greater than 100 Employees	Chapter 17.76

(Ord. 1172 § 3 (part), 1996)

CHAPTER 17.48 - PUBLIC ZONES AND STANDARDS