To be eligible for open space preservation consideration, the applicant must present a proposal for residential development that meets each of the following.
(A) Minimum project size. The minimum size of an open space preservation development shall be five acres of contiguous land.
(B) Unified control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.
(C) Guarantee of open space. The applicant shall guarantee to the satisfaction of the Planning Commission that all open space portions of the development will be maintained in the manner approved. Documentation shall be presented that binds all successors and future owners in fee title to commitments set forth in the applicant’s proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the city and the land uses continue as approved in the open space preservation site plan.
(Prior Code, § 1282.02) (Ord. passed 11-12-2009)