§ 20.206.090  OPEN SPACE.
   A.   Purpose and intent.  The purpose of establishing open space requirements and standards for the Hillside Residential zone is to ensure that open space is an integral part of subdivision design; to preserve prominent landforms, rock outcroppings, hydrologic features, and sensitive and unique habitat as permanent open space features to help frame a community’s identity; to provide areas where residents can enjoy active and passive recreation; to integrate landscaped medians, parkways, and slopes into a development project; and to ensure that parks, recreation centers, trails, and greenbelts are located next to natural open space to maximize the amount of contiguous areas of open space within a community and create space transition zones between residential development and open space.
Figure 20.206.090.A
Open space shall be an integral component of subdivision design, with developed open space areas transitioning seamlessly to natural open space.
   B.   Types of open space.  Open space in the Hillside Residential zoning district shall consist of two (2) general types of open space:
      1.   Natural open space, which shall be defined as undeveloped areas retained in their naturally occurring condition with regard to landform, vegetation, and hydrologic features, and which may contain dirt trails for limited public access and enjoyment; and
      2.   Improved open space, which shall be defined as any area not occupied by structures that has been improved with landscaping, recreation amenities (i.e., golf courses, private lakes), 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.
   C.   Use of natural open space.  Undeveloped open space shall be left in its natural state.  Permitted uses include trails and the necessary improvements to establish trails and any associated viewing areas.
   D.   Use of improved open space.
      1.   Improved open space shall be provided for attached residential development as set forth in § 20.206.180.H. and as otherwise required for this chapter, and shall be used to meet general landscaping, common open space, slope treatment, and parkway landscaping requirements.
      2.   Improved open space may be reserved for private use and maintained by a homeowners association, secured with documents reserving the land as open space in perpetuity.
   E.   Use in perpetuity of natural open space.  Any lands dedicated for natural 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 natural open space area will not be subdivided in the future;
      2.   The use of the natural open space will continue in perpetuity for the purpose specified;
      3.   Appropriate provisions will be made for the maintenance of the natural open space that clearly define future maintenance responsibilities; and
      4.   Natural open space shall not be turned into a commercial enterprise admitting the general public at a fee, unless otherwise authorized by policy or law.
   F.   Natural open space ownership.
      1.   The fee title owner or easement holder of an interest in the land that is dedicated for natural open space purposes shall be selected by the property owner, developer, or subdivider, subject to the approval by the Director of Development Services. 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.   Homeowner associations 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 natural open space, which may include a cash deposit, an assessment district, trust, or other appropriate funding mechanism.
   G.   Maintenance. The person or entity identified as having the right of ownership or control over the natural open space shall be responsible for its continuing upkeep and proper maintenance as set forth in Chapter 15.216, unless the city authorizes alternate maintenance strategies.
(Ord. 1079, passed 11-2-04)