The minimum common open space required in Section 1266.04 shall be provided as follows:
(a) The required common open space shall be located and designed to:
(1) Be sufficiently aggregated to create large areas of planned open space.
(2) Conserve significant natural features to the extent practicable.
(3) Be easily accessible to residents of the cluster development.
(4) Generally, be not less than 100 feet in width at any point, except for short segments which provide visual and pedestrian connections between larger open space areas.
(5) Be interconnected with open space areas on abutting parcels, wherever possible, by open space corridors.
(b) Land area devoted to the following shall not be included as meeting the common open space requirement:
(1) Public street rights-of-way, private roads and parking areas.
(2) Required setbacks between buildings, parking areas and project boundaries between buildings and public or private streets, unless the required setback is contiguous to and part of a larger area of open space.
(3) Private yards within subdivided lots.
(4) The land area within 15 feet of all dwelling units.
(c) Areas designated for common open space purposes may be:
(1) Preserved as wetlands, woodlands, lakes or ponds, historic sites, environmentally sensitive areas, or similar conservation-oriented areas;
(2) Used for active or passive outdoor recreation including but not limited to in-ground pools and tennis courts, but shall not include the area for recreation buildings or related parking; or
(3) Used for storm water retention and detention.
(d) Any common open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
(e) The required common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(f) The City may determine that private recreational facilities or common open space provided as a part of a cluster development are of equivalent value to provide, in part, open space and recreational opportunities for residents of the proposed development that would otherwise need to be provided by the City. In such case, the Planning Commission may waive all or a portion of the requirement for the dedication of land for public purposes in accordance with Section 1228.16. In making such a determination, the Planning Commission shall consider:
(1) The type and size of facilities provided;
(2) The availability of the facilities to the residents; and
(3) The likelihood that such facilities will lessen the need for additional public parks and public open space for the residents.
(g) Walkways shall be provided to connect residential areas to common open space areas and to provide convenient pedestrian access throughout the cluster development and from the cluster development to other areas of the community.
(h) Legal instruments setting forth the ownership and perpetual maintenance of the required common open space by the developer, homeowners' association or similar entity shall be submitted to the Law Director for review and approval.
(i) All common open space shall be prohibited from further subdivision or development by deed restriction, conservation easement or other agreement in a form acceptable to the Law Director and duly recorded in the office of the County Recorder.
(j) Subject to such permanent prohibition as set forth above, common open space in a cluster development may be owned by an association or by a similar entity acceptable to the City. The City may, but shall not be required to, accept dedication in the form of fee-simple ownership of the common open space.
(Ord. 58-01. Passed 5-29-01.)