10-35-3: APPLICABILITY:
   A.   All development or redevelopment required to obtain a Design Review Permit and which is specified in Table 10-35-3, shall set aside land as "open space", as defined in section Chapter 10-62 "Open Space." For mixed use development, the "type" of development in Table 10-35-3 is determined according to the proportion of mix of uses proposed. All "critical lands" as defined in Chapter 10-62 "Critical Lands" of this title shall be set aside as permanent open space and shall not be included in determining open space as required herein.
Table 10-35-3: Developments requiring Land Set Asides (open space)
Type of Development
Minimum Area Required for Open Space (gross land area)
Type of Development
Minimum Area Required for Open Space (gross land area)
Residential RCA
50%
Residential RAC5
50%
Residential ROS1
40%
Residential ROS1/2
35%
Residential RSF*
30%
Commercial
0%
Industrial
0%
Redevelopment
5%
Recreational Planned Development RPD
70%
Forest Recreation
95%
Agriculture
95%
Open Space Conservation OSC
95%
 
*   Development within the Residential Single Family zone (RSF) shall be required to set aside open space for developments of ten (10) lots or more. The developer may choose to pay in-lieu fees for open space allowing all of the developable property to be subdivided excluding all critical lands,
   B.   Exclusions: The following shall be excluded from open space requirements:
      1.   Development on public land including land dedicated as public rights-of-way or dedicated as other public land. The land area of public rights-of-way dedicated for pubic roadways within a development or subdivision may be deducted from the total land area required for open space.
      2.   Development on land of private utility companies which provides distribution of electrical power, or natural gas which existed prior to adoption of this chapter.
      3.   Development within the RSF zone shall not be required to set-a-side open space for development of nine (9) lots or less. However, if it is apparent that the development is a subdivision from a larger parcel that will be developed in later phases, the Planning Commission shall recommend to the City Council that open space shall be required of the smaller development. A subdivider may not circumvent the requirement for open space by subdividing and developing small parcels split off from a larger mother parcel.
      4.   Development or redevelopment on existing legal lots within legal subdivisions which do not require a Design Review Permit. However, useable outdoor space is required as specified in Table 10-35-3.
      5.   Remodeling, renovation, redevelopment and/or change of use of commercial and industrial uses within the same parcel(s) of land existing at the time of this ordinance. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-02, 4-21-2021)