Ordinance 1608.,
ORDINANCE N0. 1608
" ``AN ORDINANCE OF TBS CITY COUNCIL OF THB
'"C2TY'.OF CUPERTINO ADDING CNAPTSR 19'.05A TO
.`Tf1B CCJPSRTINO MUNICIPAL'CODB TO ESTABLISH
'"-`AN'OPBN SPACE 20NING DISTRICT WITHIN THS
CITY
The City Council of the City of Cupertino does
`"ordains ~ae follows::
- - Section I - Amendment
`Title 19 of the Cupertino Municipal Code ie here-
by a~dended to add Chapter 19.05A to read as follows:
Chapter 19.05A
Open Space 2onea
,_., (OS)
'Sectionss
19.05A.010 Purpose
19.05A.020 Applicability'of Regulations
19.OSA'.030 Permitted Uses
19.05A.040 Conditional Uses
19.05A.050 Public Access
_..
19.05A.010 Purpose
Open space zones are intended to provide for the
establishment of open space uses in private natural
areas in order to avoid urban sprawl 'and to preserve
environmentally sensitive'areas in their, .natural condi-
tion.
[CC.ORDJOO/D2] 1
19.OSA.020 - Applicability of Regulations
A. Prohibition
No structure or land shall be used, and no
building or structure shall be hereafter erected,
`- structurally filtered, or enlarged in .an open
;.`space (OSl zone, otherwise than, in conformance
with the provisions of this Chapter.-
B. Limitations to Applicability of Regulations
,.
The open space zon ng str ct may only be
designated on land within the City of Cupertino
under one, or more, of the following circum-
atancess
,. ._ 1. .The property owner of the subject proper-
ty either makes application with the City
for said designation to apply to his cr her
property, or otherwise gives his or her writ-
ten consent to the application of this Chap-
ter to his or her property.
2. The subject property is encumbered by
any recorded open apace easement or written
dedication of the development rights granted
to the City.
3. The subject property is to remain open
.....apace under the. terms of any development
agreement entered into pursuant to the
City's Ordinance Code, or undtlr the terms of
any written and recorded private agreement,
a copy of which is provided to the City
prior to any designation under this
ordinance.
4. The subject property is to remain open
apace under any condition of approval to any
implemented entitlement of use, including,
but .not limited to, conditional use permits,
., variances, subdivision maps, exceptions, or
building permits issued by the City or any
other public agency.
19.OSA.030 - Permitted Usea
The following uses shalt be permitted in the OS
zoning district:
A. Low intensity recreational uses such as hik-
._~7f •'1~
ing, bird watching, walking, picnicking and other
similar activities.
H. Minor maintenance of vegetation such as mow-
ing or trimming.
C. Incidental Gardening.
D. The erection or maintenance of minor
structures such as fences, gates, culverts, and
drainsye ditches. Unless otherwise provided in
this Chapter, no buildings shall be erected in an
OS zoning district.
~~E. Any legal non-conforming use as provided for
in Chapter 19.25 of the City's Ordinance Code.
19.OSA.040 - Conditional Uaes
The following uses may be conditionally allowed
in an OS zoning district subject to the issuance of a
conditional use permit by the Director of Community
Development.
A. Temporary uses subject to regulations estab-
lished by Chapter 19.29.
B. Non-commercial stables for riding horses.
C. Artifical or constructed pools, ponds, lakes,
or streams.
D. Playgrounds.
E. Any other use which is compatible with open
apace and otherwise is in conformance with the purposes
of this Chapter.
Section II - Publication
The City Clerk shall cause this ordinance to be
publi•ahed at least once in a newspaper of general circu-
lation published and circulated in the City within fif-
teen (15) days after its passage, in accordance with
Section 36933 of the Government Code= shall certify to
the adoption of this ordinance and shall cause this ordi-
nance and her certification, together with proof of pub-
lication, to be entered in the Book of Ordinances of the
Council of this City.
INTRODUCED at a regular meeting of the City
Council this 21st day of September , 1992, and ENACTED
at a regular meeting of the City Council this 5th day
of occober ,.1992, by the following vote:
Vote: Members of the City Council:
Ayes: Dean, Goldman, Koppel. Szabo. Sorensen
Noes: None
Absents None -
Abstain: None
ATTB3T :. APPROVBDs
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