Land uses allowed within the OS Zoning District shall comply with the following provisions, in addition to all applicable provisions of Article 3 (Site Planning and General Development Standards).
A. Purpose.
1. Regulate, protect, and preserve publicly accessible land that is well suited for active recreation, amusement, relaxation, and/or scenic viewing.
2. Provide consistency with, and implement policies related to, those locations designated Open Space on the General Plan Land Use Element Map and in the General Plan text.
3. Provide a means for encouraging and promoting desirable park development and open space preservation that are compatible with surrounding neighborhoods and protect the existing quality of life.
4. Ensure that the development of new parks or other open space, as well as major modifications to existing resources, are compatible with surrounding neighborhoods through the adoption of a Comprehensive Plan showing proper orientation, desirable design characteristics and programming, and compatibility of uses.
5. Establish a set of regulations, requirements, and procedures that preclude any degradation in safety, security, and quality of life for residential properties adjacent to any OS-zoned parcels.
B. Applicability.
1. The OS Zone shall apply to all parcels designated Open Space on the General Plan Land Use Element Map.
2. The OS Zone shall not be applied to playgrounds, parks and open space areas located on Culver City School District-owned properties.
3. The OS Zone shall not be applied to privately-owned schools.
4. The OS Zone shall not be applied to private recreational facilities and private open space areas within any residential development that are not accessible to the general public.
5. The OS Zone may be established on parcels of land that are suitable for, and of a sufficient size to be, planned and developed in a manner consistent with the objectives of this Section. The decision of whether a parcel is suitable and sufficient to be zoned OS shall be determined by the Council, after considering recommendations from the Planning Commission and the Parks, Recreation and Community Services Commission.
6. All areas designated OS on the official Zoning Map shall be subject to the provisions and regulations of the OS Zone.
7. The Community Development Director, or her/his designee, shall administer these standards as specified in this Section.
C. Comprehensive Plan Requirements.
1. A Comprehensive Plan approval, valid for 1 year, shall be secured for all new development proposed in the OS Zone.
2. All Comprehensive Plans shall comply with Chapter 17.560 (Comprehensive Plans).
3. All Comprehensive Plans shall be prepared and endorsed by a professional team, which shall include a licensed landscape architect, a registered civil engineer, a licensed architect (if any buildings are proposed), and a safety and security professional, of a type to be determined by the Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee; and shall include, but not be limited to the following:
a. Site plan showing building(s), various functional use areas, parking and circulation;
b. Description of development standards, which may include, but not be limited to, building heights, setbacks, parking, and the like;
c. Preliminary building plans, including floor plans and exterior elevations;
d. Landscaping plans, including a plant palette, with preferably native, low maintenance and/or drought-tolerant plants;
e. Recreational activity programming plans;
f. Lighting and information and directional signage plans;
g. Civil engineering plans, including site grading, public rights-of-way improvements, drainage, trash/recycling areas, and public utility extensions, as necessary;
h. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines;
i. A maintenance and operations program that addresses, at a minimum, erosion control measures, graffiti and vandalism removal, amenity maintenance and landscape maintenance requirements. The maintenance and operations program shall also include an assessment of long-term amenity and landscape maintenance requirements, replacement schedules, and costs;
j. Documentation that the applicant has collaborated with adjacent residents, businesses and all appropriate government agencies throughout the design development process, and clearly indicate the respective agencies' specific responsibilities and jurisdictions with regard to any project. The documentation shall clearly indicate the role and responsibilities of all parties involved;
k. Proposed hours of operation and an implementation plan for enforcing hours of operation; and
l. The Comprehensive Plan must address the safety and security of open space patrons and adjacent properties through the use of passive security devices, including but not limited to, landscape design, lighting, and graffiti- and vandalism-control measures.
D. Comprehensive Plan Exemptions
1. All parcels in the OS Zone developed with a City-owned public park or publicly managed facilities, as of the effective date of the ordinance adopting this Section, shall not require a Comprehensive Plan, unless a new use or alteration is proposed that will significantly intensify the existing use and significantly impact the surrounding community. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, shall jointly determine if a new use or alteration will result in significant intensification or other significant impacts to the surrounding community.
2. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, may administratively approve a new use or alteration that will not result in a significant intensification and significant impacts to the surrounding community, subject to the following findings:
a. The proposed changes are consistent with the existing use and operations of the City-owned public park or publicly managed facility;
b. The proposed changes will not adversely impact the environment;
c. The proposed changes will not be detrimental to the surrounding uses;
d. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and
e. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan.
3. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, which will not alter the site plan, shall not require a Comprehensive Plan.
4. If the Community Development Director and Parks, Recreation and Community Services Director do not reach a consensus determination as required by this Subsection, then the City Manager shall make the determination after reviewing the recommendations of the two Directors.
5. All determinations required by this subsection are subject to appeal pursuant to Chapter 17.640 (Appeals).
E. Comprehensive Plan Findings.
The Planning Commission, in conjunction with a public hearing, and the Parks, Recreation and Community Services Commission, in conjunction with a public meeting, shall review and make recommendations to the Council regarding the Comprehensive Plan. The Council, after a public hearing, may approve, conditionally approve, or disapprove a Comprehensive Plan. A Comprehensive Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings:
1. The proposed Comprehensive Plan can be substantially completed within 4 years;
2. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained;
3. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect;
4. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the street network surrounding the OS Zone;
5. The proposed development is compatible with the surrounding area;
6. The Comprehensive Plan is in conformance with the General Plan, or a concurrent General Plan amendment is in process;
7. Any exception from standard City land use law, rules or regulation requirement is warranted by the design and amenities incorporated in the Comprehensive Plan, and is desired by the Council;
8. Existing and proposed utility services are adequate for the proposed uses;
9. The Comprehensive Plan has complied with all applicable City requirements; and
10. The proposed development will not degrade the safety and security of residential properties adjacent to any OS Zone.
F. Comprehensive Plan Modifications, Major and Minor.
1. Major changes or alterations to an approved Comprehensive Plan shall be considered by the Parks, Recreation and Community Services Commission at a public meeting, and the Planning Commission at a public hearing, and each shall make recommendations to the City Council. The Council may then approve, conditionally approve, or disapprove the proposed changes or alterations, after a public hearing.
2. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, may administratively approve minor changes or alterations to an approved Comprehensive Plan, subject to appeal pursuant to Chapter 17.640 (Appeals); provided, that the Community Development Director, or his or her designee, and Parks, Recreation and Community Services Director, or his or her designee, make the following findings:
a. The proposed changes are consistent with the intent of the approved Comprehensive Plan;
b. The proposed changes will not adversely impact the environment;
c. The proposed changes will not be detrimental to the surrounding uses;
d. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and
e. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan.
3. If the Community Development Director and Parks, Recreation and Community Services Director do not reach a consensus determination as required by this Subsection, then the City Manager shall make the determination after reviewing the recommendations of the two Directors.
4. If the Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee (or City Manager, if applicable), determine the above findings cannot be made, then the request shall be considered a major change and referred to the Planning Commission for review at a public hearing, the Parks, Recreation and Community Services Commission for review at a public meeting, and the Council for review at a public hearing.
5. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, which will not alter the site plan, shall not require a Comprehensive Plan or any Comprehensive Plan modification, minor or major.
6. All determinations required by this subsection are subject to appeal pursuant to Chapter 17.640 (Appeals).
G. Development Standards.
1. The following development standards shall apply to all OS-zoned properties.
a. Unless specifically outlined in this Section, development standards for site area, lot coverage, development intensity, height, setbacks, parking, walls and fences, architectural design, signage, amenities and all other development standards shall be as specified in a Comprehensive Plan approved by the Council, after considering recommendations from the Planning Commission and the Parks, Recreation and Community Services Commission.
b. Standards for public improvements in the OS Zone shall be governed by all applicable laws, rules and regulations of the City. Exceptions to those standards may be granted by the Council, if the Council finds such exceptions encourage a desirable environment, and are warranted in terms of the total proposed development. Notwithstanding the provisions of this Section and § 5.04.065 of the CCMC, all utilities, including telephone, cable television and electric systems, required within the OS Zones shall be located underground.
c. Bicycle and pedestrian paths and trails shall only be illuminated with low-level bollard or ground level lighting that does not create glare or light spillover to adjacent properties.
d. Rest Areas, which are small spaces adjacent to a path or trail where users of a path or trail can briefly stop, may be permitted along Ballona Creek pursuant to the following conditions.
i. The City determines that seating areas in a proposed rest area are attractive, relate to the surrounding area, vandal-resistant, and are designed in a manner that discourages long-term loitering and climbing.
ii. No vending machines shall be permitted.
iii. The City determines that the proposed rest area does not interfere with the operation of the bicycle path or the flood control channel.
iv. The City determines that the proposed rest area does not degrade the safety and security of adjacent residential properties.
v. Rest areas adjacent to residentially zoned parcels may only be permitted with the explicit consent of owners of Primary Abutting Properties, which are: (a) any property directly abutting the proposed rest area boundary; and (b) the next abutting property in either direction; and approval from at least 50% of owners of property extending 100 feet beyond the primary abutting properties in either direction. If the proposed rest area boundary abuts a multi-family residential property of 3 or more units, approval from at least 50% of the residents of any building adjacent to Ballona Creek shall be required. Approval of the proposed rest area location shall be verified by the Community Development Director via a City-approved petition form circulated by the project applicant.
e. Development or improvements immediately abutting residentially zoned parcels must be buffered from said parcels, to reduce noise, to maintain safety and security, and to maintain privacy through the provision of improvements, including but not limited to, any or all of the following: additional landscaping, fencing, vertical separation, and/or horizontal separation.
f. Public access points to or from any parcel in the OS Zone may not connect to any private property, with the exception of easements for utility and maintenance services. Public access points connecting to Ballona Creek shall only be located off public rights-of-way in non-residentially zoned areas.
g. Telecommunication facilities shall be allowed subject to the approval of a Conditional Use Permit, the requirements of § 17.400.110 (Telecommunication Facilities) and any other applicable City regulations.
H. Public Notice.
1. Notice of an application for a Comprehensive Plan, modification of an approved Comprehensive Plan, or a zone change to the OS Zone, shall be given pursuant to the requirements of Chapter 17.630 (Public Hearings and Administrative Review).
2. Notice of an application for a Comprehensive Plan Exemption or a minor change to a Comprehensive Plan shall be given pursuant to the following:
a. All adjacent property owners and occupants within 300 feet of the boundary of the project site shall be notified of the application by mail at least 21 calendar days prior to the anticipated date of decision by the Directors. The mailed notice shall include a detailed description of the proposed new use or alteration, a contact person, and a location to which public comment can be sent.
b. The applicant shall post notice on the project site for at least 21 calendar days prior to the anticipated date of decision by the Directors. The posted notice shall include a detailed description of the proposed new use or alteration, a contact person, and a location to which public comment can be sent. The posted notice shall be located in a conspicuous place on the project site, with minimal setback from an abutting public street.
3. Neither posted nor mailed notice shall be required for maintenance, rehabilitation, renovation, landscaping improvements and/or reconstruction of existing structures that will not alter the site plan of an Open Space Zone parcel.
I. Approvals.
1. The Community Development Director, or his or her designee, shall schedule complete applications for public hearings before the Planning Commission.
2. The Parks, Recreation and Community Services Director, or his or her designee, shall schedule complete applications for the public meetings before the Parks, Recreation and Community Services Commission.
3. The Community Development Director, or his or her designee, shall schedule complete applications for public hearings before the Council.
4. Application for change of zone to the OS Zone shall be approved by the adoption of an ordinance, or disapproved by resolution of the Council, after consideration of the Planning Commission and Parks, Recreation and Community Services Commission recommendations. The Parks, Recreation and Community Services Commission recommendation shall be provided to the Planning Commission, prior to the Planning Commission public hearing considering the zone change.
5. A Comprehensive Plan shall be approved or disapproved by resolution of the City Council after consideration of the Planning Commission and Parks, Recreation and Community Services Commission recommendations. The Parks and Recreation Commission recommendation shall be provided to the Planning Commission, prior to the Planning Commission public hearing considering the Comprehensive Plan.
6. The City Council may modify any provisions of this Section after consideration of the Planning Commission and Parks, Recreation and Community Services Commission recommendations.
7. Nothing in this Section shall preclude the Planning Commission, Parks, Recreation and Community Services Commission from recommending, and the Council from approving, a Comprehensive Plan in concept only, and requiring subsequent discretionary review of that Comprehensive Plan.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2006-009 § 22 (part); Ord. No. 2008-008 § 1 (part); Ord. No. 2022-008)