Chapter 17.44 — OPEN-SPACE ZONES AND STANDARDS

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)

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:

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

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

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;

c.

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

(Ord. 1172 § 3 (part), 1996)

CHAPTER 17.48 - PUBLIC ZONES AND STANDARDS

The General Plan details the goals, objectives and policies for the City's public zones. It is the purpose of this chapter to implement the General Plan's vision for the public zones through development regulations that allow for a range of public buildings and services designed to be compatible in scale, mass, character and architecture with the zone or neighborhood in which they are located.

A.

Civic Center (CVC) Zone. The CVC land-use designation is intended to provide for limited governmental offices and related facilities on the City's existing civic center site. This designation is intended to be the less intense of the public zones, allowing fewer uses than those allowed in the Public Zone.

B.

Public (P) Zone. The P land-use designation is intended to provide for a broad range of public facilities on public lands. This zone is the more intense of the public zones established in the City's General Plan, allowing a greater range of public uses, including governmental administrative, public recreational, cultural (such as public libraries and museums), educational (public schools), and institutional facilities, public and private parking, and undeveloped parks.

C.

Institutional (INST) Zone. The Institutional Zone is intended to provide for a broad range of institutional uses, including cultural, religious and educational facilities.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1652, § 4, 5-15-2018)

A.

Permitted and Conditionally Permitted Uses. .....The uses identified in Table 17.48.020, Public 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 and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table 17.48.020, Permitted and Conditional Uses Within Public Zones, shall be permitted or conditionally permitted as indicated:

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

O

B.

Prohibited Uses. .....The following uses are prohibited:

1.

Uses that are listed in Table 17.48.020, Public Zone Uses, but are not identified as either permitted—"P"— or conditionally permitted—"MC or C"; and

2.

Uses that have been excluded from Table 17.48.020, Public Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses.

3.

Uses where a blank cell appears within Table 17.48.020, Public Zone Uses.

Table 17.48.020

Permitted and Conditional Uses Within Public Zones

1 Refer to Section 17.28.180, Child Day Care Facilities, of this title, for special provisions for Child Day Care Centers.

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

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

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

5 Refer to Section 17.28.250, Recycling facilities, of this title, for special provisions for recycling facilities.

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

7 Refer to Section 17-56.100, Emergency Shelter Overlay. Exception, Public zoned parcels with a school or school faculties shall not be permitted to establish an emergency shelter.

8 Small-family and large-family day care homes are permitted in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Small-family and large-family day care homes only shall operate in buildings that were lawfully constructed.

(Ord. 1314 §§ 52—55, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1575, § 3(Exh. A, § 11), 12-3-2013; Ord. No. 1585, § 2(Exh. A), 9-2-2014; Ord. No. 1707, § 3, 2-22021)

17.48.030 - Public Zone General Development Standards and Guidelines.

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

A.

General Development Standards. Table 17.48.030, Public Zone Development Standards, lists development standards required for projects in public zones.

Table 17.48.030

Public Zone Development Standards

1 A minor adjustment to the required front yard setback is available through the approval of a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

2 A minor adjustment to the required side yard setback is available through the approval of a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

3 A minor adjustment to the required side yard setback is available through the approval of a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

4 A minor adjustment to the required rear yard setback is available through the approval of a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

B.

Development Guidelines. .....As the sites given the CVC and P designations are located adjacent to other zones, with their own unique standards, the following development guidelines are provided for these zones. Refer also to the City's Design Guidelines. In the CVC and P zones, development shall:

1.

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

2.

Avoid impacts to sensitive habitat areas and topographical features;

3.

Provide for safe, enhanced public access to City facilities;

4.

Be compatible in scale, mass, character and architecture with the zone, district or neighborhood in which it is located;

5.

Be particularly sensitive to physical and visual separation between structures on adjacent residentially owned property and publicly owned property;

6.

Avoid the appearance of uninterrupted vertical walls, incorporating setbacks, modulations, and other architectural elements in building elevations located along the slope.

(Ord. 1172 § 3 (part), 1996)

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

Table 17.48.040

Special Development Standards for All Public Zones

Standards Sections

(Ord. 1172 § 3 (part), 1996)