501.09: OPEN SPACE:

A. Requirement To Provide Developed Open Space: Developed open space shall be provided for attached residential development as set forth in section 501.11, table 501.11C4 of this article and as otherwise required for this article to meet general landscaping, slope treatment, and parkway landscaping requirements.

1. Types Of Open Space: Open space in the HZ overlay district shall consist of two (2) general types of open space: a. "Natural open space", which shall be defined as undeveloped areas retained in their naturally occurring condition with regard to landform, vegetation, and water features; with the exception of walking trails and viewing platforms.

b. "Developed or improved open space", which shall be defined as any area not occupied by structures that has been improved with landscaping, trails, recreation amenities, and similar features that provide opportunities for active and passive recreation, and that provide landscape improvements that enhance the overall appearance and character of a development.

2. Use Of Natural Open Space: Undeveloped open space shall be left in its natural state, with permitted improvements limited to the establishment of trails and associated viewing areas established as community open space.

• B. Deed Restrictions: Any lands dedicated for open space purposes shall contain covenants and recordable deed

restrictions burdening the subject property, in a form and content approved by the city attorney, ensuring that:

1. The open space area will not be subdivided in the future;

2. The use of the open space will continue in perpetuity for the purpose specified;

3. Appropriate provisions will be made for the maintenance of the open space that clearly define future maintenance responsibilities; and

4. Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee, unless otherwise authorized by policy or law.

• C. Open Space Ownership:

1. The fee title owner or easement holder of an interest in the land that is dedicated for open space purposes shall be selected by the property owner, developer, or subdivider, subject to the approval by the zoning administrator or city council. The ownership may vest in, but not be limited to, the following:

• a. The city, subject to acceptance by the city council of a recordable interest.

• b. Other public jurisdictions or agencies, subject to their acceptance.

• c. Quasi-public and nonprofit organizations, subject to their acceptance.

• d. Homeowners' associations, landscape maintenance districts or other similar organizations.

2. The city may, in its reasonable discretion, require that the applicant establish a mechanism to fund the long term maintenance of such open space, which may include a cash deposit, an assessment district, trust, or other appropriate funding mechanism.

D. Maintenance: The person or entity identified as having the right of ownership or control over the open space shall be responsible for its continuing upkeep and proper maintenance as set forth in subsection B, "Deed Restrictions", of this section, unless the city authorizes alternate maintenance strategies.

E. Required Planting Areas: Slopes requiring retaining at a height greater than three feet (3') shall be terraced for planting areas. Such planting areas shall have a minimum width of six feet (6'). No more than two (2) terraces of retaining walls shall be permitted on one manufactured slope.

FIGURE 501.09E: PLANTING AREAS

• F. Irrigation Systems Required: All planting areas shall be provided with an automatic irrigation system.

• G. Landscaped Parkways Required:

1. All public streets shall include a landscaped parkway as indicated in the general plan.

2. Such required parkways shall be landscaped as set forth in section 501.10, "Landscaping And Irrigation", of this article. (Ord. 1801, 12-3-2013)