(a) Amount and Character. With respect to residential Planned Unit Developments, at least twenty-five percent (25%) of the total land of the proposed development permitted by this section shall be dedicated to public or private open space (or a combination of public and private open space) or recreational facilities exclusive of dwellings, streets, parking areas and single- family residential lots. With respect to nonresidential Planned Unit Developments, the amount of open space that is required shall be determined by the Planning Commission and Council and shall be a function of the nature of the development and the avoidance of adverse impacts or blighting influences upon neighboring uses. Such open space shall be clearly shown on the Preliminary and Final Plans, and shall be physically situated so as to be readily accessible, available to and useful to all occupants of the Planned Unit Development.
(b) Conveyance and Maintenance of Common Open Space. All common open space shown on the Prelininary and Final Plans and recorded with the County Recorder shall be conveyed in accordance with one of the following methods:
(1) By dedication to the City as publicly owned and maintained open space. All common open space for dedication to the City shall be acceptable to the Planning Commission and Council with regard to size, shape, location and improvement. In addition, the developer shall show that the dedication of such areas will be for the benefit of the general public of the City.
(2) By leasing or conveying title (including beneficial ownership) to a corporation, occupants' association, trust or other legal entity. In the terms of such lease or other instrument of conveyance, provisions shall be included which are suitable to the Planning Commission and Council for guaranteeing: the continued use of such land for intended purposes; continuity of property maintenance; when appropriate, the availability of funds required for such maintenance; adequate insurance protection; and recovery for loss sustained by casualty, condemnation or otherwise.
In any event, the developer shall file with the County Recorder at the time the approved final development plan is filed, legal documents which shall produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for designated purposes.
(Ord. 9-2003. Passed 2-25-03.)