Zoning 30.24 OPEN SPACE DISTRICT

ARTICLE XXIV. OPEN SPACE DISTRICT

30.24.10 Statement of intent.

The purpose and intent of this district is:

(a) To protect the public health, safety and welfare;

(b) To protect and preserve open space land as a limited and valued resource;

(d) To preserve and protect open space in order to assure its continued availability as agriculture land, scenic land, recreation land, conservation or natural resource land, land for the containment of urban sprawl and the structuring of urban development, or land in its natural or near natural state which protects life and property in the community from the hazards of fire, flood, and seismic activity;

(e) To designate land environmentally not suitable for development; and

(f) To coordinate with and carry out federal, state, regional, county and city open space plans. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.24.20 Permitted uses and conditional uses.

(a) Permitted Uses. The following uses are unconditionally permitted:

(1) Agricultural uses:

a. Animal husbandry.

b. Crops.

c. Dairying.

d. Horticulture, including nurseries.

e. Livestock farming.

f. Tree farming.

g. Viticulture and similar uses not inconsistent with the intent and purpose of this section.

h. Similar uses as determined by the planning director, subject to review by the planning commission.

(2) Botanical conservatories, outdoor nature laboratories, and similar facilities.

(3) Native wildlife sanctuaries.

(b) Conditional Uses. The following uses are permitted only with a conditional use permit from the planning commission:

(1) Communication and public utility facilities.

(2) Educational, charitable, research and philanthropic institutions in conjunction with permitted uses.

(3) Guest ranches.

(4) Recreational uses, such as riding academies, stables, country clubs, golf courses.

(5) Similar uses as determined by the planning director. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.24.30 Site and building requirements.

(a) Site Design Approval. Any construction of new buildings in an OS district must be directly related to the use of the open space. Such construction shall be subject to architectural and site review and approval according to the provisions of section 30.50.40.

(b) Maximum Building Height. Building height shall not exceed two (2) stories, or thirty (30) feet. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.24.40 Lands environmentally unfit for development.

The city council shall determine which lands within the City of Gilroy are environmentally unfit for development by designating such lands as being in an open space (OS) district. Such lands shall include, but not be limited to, the following:

(a) Earthquake fault areas.

(b) Flood plain areas.

(d) Watershed or groundwater recharge areas.

(e) Extremely high fire hazard areas.

(f) Wildlife preserves and scenic corridors.

(g) Landslide areas. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.24.50 Special regulations.

(a) Geological Soil Investigation and Report. All applications to rezone open space land in earthquake fault areas, liquefaction areas, and/or landslide areas shall be accompanied by a combined in-depth geologic and soils investigation and report prepared, stamped and signed by a registered geologist certified by the State of California and by a registered civil engineer. Such reports shall be based on surface, sub-surface, and laboratory investigations and examinations and such reports shall fully and clearly present:

(1) All pertinent data, interpretations and evaluations.

(2) The significance of the data, interpretations and evaluations with respect to the future geological processes both on and off the site.

(3) Recommendations for any additional investigations to be made.

(b) Landscaping. The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use and is approved by the planning director. Reduction or elimination of fire hazards shall be required where heavy concentrations of flammable vegetation occurs. Landscaping shall be consistent with the purpose of this section.

(c) Tree Removal. Removal of live trees in areas outside public parks may be permitted upon approval of the planning director. All removal shall be in accordance with the city’s landscaping standards, contained within Article XXXVIII.

(d) Access to Remote Areas. Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or motorcycles or other wheeled vehicles shall not be developed except upon securing approval of the planning director. No such approval shall be granted except upon finding that the purpose is essential for the establishment or maintenance of a use which is expressly permitted herein and that the design and location of the proposed roads, tracks, driveways, trails, or runways are compatible with the terrain.

The use of all roads, tracks, driveways, or trails which are not easements and are existing to the detriment of the environment at the time of the adoption of this section, and are nonconforming or have been established without proper approvals shall be terminated within one (1) year of OS open space district designation unless given approval in accordance with the regulations set forth in this section.

(e) Grading. All grading shall be subject to the provisions of this section. In those cases where grading permits are required, no grading shall begin until a permit has been granted and after securing approval of the planning director and the city engineer.

(f) Soil Erosion and Land Management. No site and design plan shall be approved until all erosion control measures have been approved in accordance with adopted city standards and specifications, and are consistent with the regulations of the OS open space district. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of each approval. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2019-08, § 14, 10-7-19)