Chapter 22.28 — OS OPEN SPACE DISTRICTS

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 22.34 of this Title.

(Prior code § 10,111.5; Ord. 822 C.S. § 2, 1975)

The purpose of including the open space district in the zoning regulations is to provide an appropriate zoning district for public or privately held lands devoted to open space uses either permanently or by terms of a long-term contract. This zoning district may be distinguished from the recreational facilities district in that recreational facilities, while allowed in the open space district, are expected to be only incidental to the basic purpose of preserving open space areas for visual and aesthetic relief, conservation and preservation of wildlife habitats and environmental values within and adjacent to an essentially urban environment. (Prior code § 10,111.0; Ord. 822 C.S. § 2, 1975)

The following uses shall be permitted in this district:

• A. Agricultural uses of all natures;

• B. Park and recreational uses; trails.

(Prior code § 10,111.1; Ord. 822 C.S. § 2, 1975)

The following uses shall be permitted subject to the granting of a conditional use permit:

• A. Structures incidental to a permitted use, including one single-family dwelling on an existing parcel of land;

• B. Public utility uses such as substations, water reservoirs, pumping stations, etc. which by the nature of their design requirements cannot practically be located on sites not in an Open Space Zone District.

(Prior code § 10,111.2; Ord. 822, C.S. § 2, 1975; Ord. 1045 C.S. § I, 1985)

No division of land zoned for open space shall be permitted. (Prior code § 10,111.3; Ord. 822 C.S. § 2, 1975)

All other regulations of the open space district shall be those of the most restrictive abutting zoning district.

(Prior code § 10,111.4; Ord. 822 C.S. § 2, 1975)

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City of Martinez, CA

ZONING

§ 22.28.070

§ 22.28.070

• A. As used herein, "open space easement" means (a) any right or interest in real property acquired by or dedicated to the City of Martinez (1) for the purpose of preserving for public use or enjoyment the natural, scenic or open character of such property or (2) for the purposes of preserving those uses described in California Government Code § 65560, or its successor provisions, or (b) any limitation of future use of real property by way of a deed, covenant, servitude, easement, or other property restriction imposed or required by the City of Martinez for the purpose of preserving the natural, scenic or open character of the property which limitation results from the City's (conditional) approval of a plan amendment, zoning change, use permit, subdivision or any other entitlement permit for development. Open space easement shall not include easements described above which have been acquired pursuant to certain specific statutory authorities which provide exclusive termination procedures for easements created pursuant to such authority.

• B. Open space easement. No open space easement be terminated, vacated, abandoned, released, reduced, exchanged, relocated or in any other way remitted, either in whole or in part, without either the affirmative vote of four of the members of the City Council or the affirmative vote of a majority of people of the City of Martinez voting at a regular or specially called election.

• (Ord. 1075 C.S. § 2 1986)

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City of Martinez, CA