§ 19.88

Open space (OS) zones are intended to provide for the establishment of open space uses in private natural areas in order to avoid urban sprawl and to preserve environmentally sensitive areas in their natural condition.

(Ord. 2085, § 2 (part), 2011; Ord. 1608, § 1 (part), 1992)

Prohibition. No structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in conformance with the provisions of this chapter.

Limitations to Applicability of Regulations. The open space zoning district may only be designated on land within the City of Cupertino under one, or more, of the following circumstances:

The property owner of the subject property either makes application with the City for such designation to apply to his or her property, or otherwise gives his or her written consent to the application of this chapter to his or her property;

The subject property is encumbered by any recorded open space easement or written dedication of the development rights granted to the City;

The subject property is to remain open space under the terms of any development agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written and recorded private agreement, a copy of which is provided to the City prior to any designation under this chapter;

The subject property is to remain open space under any condition of approval to any implemented entitlement of use, including, but not limited to, development permits, planned development permits, conditional use permits, variances, subdivision maps, exceptions, or building permits issued by the City or any other public agency.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1608, § 1 (part), 1992)

Permitted, Conditional and Excluded Uses that may be conducted from property zoned Open Space (OS) are identified in Section 19.84.020.

(Ord. 2085, § 2 (part), 2011)

Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an OS zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)