The intent of this chapter is to preserve open space and significant vistas, particularly toward the ocean. Ocean vistas are declared to be an important natural asset, and the preservation of such ocean vistas shall be encouraged by establishing an incentive (bonus)

system for floor area and building story heights, in conjunction with the providing of seaward view planes and open spaces. (Prior code § 8-5.1)

This chapter shall be applicable to apartment, hotel and business districts in the county that lie in those areas located between the ocean and the coastal highways, except as follows:

A. Those areas in A-1 and A-2 apartment districts, H-1 hotel district, and B-1 business district within one hundred feet from any park, residential district or historic district;

B. Those areas in H-M and H-2 hotel districts and B-2 business district within two hundred feet from any park, residential district or historic district; and

C. Any areas classified as B-3 central business district.

Structures within any historic districts shall also be specifically excluded from the provisions of this chapter. (Prior code § 8-5.2)

A. The following words and phrases are defined for use in this chapter:

1. “Coastal highways” mean the major highways along the coastlines of the county, to be further defined in the rules and regulations.

2. “Floor-area ratio (F.A.R.)” means that ratio of the total gross floor area of a structure or structures, to the total lot area.

3. “Net lot width (NLW)” means the average width of the lots-less the required yard setback, measured parallel to the seaward boundary.

4. “Obstructed space” means any area occupied by a structure greater than three feet in height, excluding fences.

5. “Open-space ratio (OSR)” means that ratio obtained by dividing the net lot width into the open-space width (OSW divided by NLW).

6. “Open-space width (OSW)” means the net lot width (NLW), less all obstructed space, measured along the same line as the net lot width.

B. Where no lot boundary is substantially parallel to the ocean, or more than one direction exists, the planning director shall determine the direction in which the open space widths shall be measured, taking into consideration the vistas to be provided or preserved. (Prior code § 8-5.3)

A. Bonuses in the form of additional floor area and increased building story heights shall be allowed for those buildings which have an open-space ratio (OSR) greater than zero percent, indicating that open space greater than the minimum required yard setbacks has been provided.

B. The bonuses shall be given in regular designated increments as established by the planning commission in the rules and regulations, except that the following limits for the floor area ratio (F.A.R.) and building story heights shall not be exceeded:

(Prior code § 8-5.4)

If required parking is provided underground or within the main building for any particular development, the allowable floor area ratio may be increased by an additional ten percent. If only a portion of the total required parking stalls are concealed, the bonus shall be ten percent multiplied by the ratio of the number of concealed stalls to the total number of required stalls. Such underground parking must meet the following criteria to qualify for the bonus:

A. The parking area surface must be concealed from public view.

B. For underground parking, the top of the structure shall not be higher than three feet above the finish grade elevation.

C. The rooftop surface of the underground parking structure shall be landscaped in accordance with a plan submitted to and approved by the planning director. Not more than one-third of the rooftop surfaces shall be exposed. Exposed rooftop surfaces shall be covered with a nonreflective material, as approved by the director. (Prior code § 8-5.5)