Irvine Municipal Code Ch. 2-21 Open Space Management and Conservation Plan Procedure

A. The open space management and conservation plan provides the framework to protect and enhance the natural wildlife habitats within the City of Irvine. The open space management and conservation plan is designed to:

1. Preserve, create, and enhance habitat for sensitive plant and wildlife species;

2. Provide opportunities for public use and education;

3. Control exotic weed species that degrade the natural habitat;

4. Where feasible and safe, reintroduce fire as a process of the various ecosystems;

5. Identify open space maintenance and funding responsibilities.

B. Amendments to an approved open space management and conservation plan shall be processed in accordance with the minor/major modification procedure in Chapter 2-19.

(Code 1976, § V.E-214-1.1; Ord. No. 95-4, § 1, 5-9-95)

A. An open space management and conservation plan must be prepared for each of the open space implementation districts (phased dedication districts) (see Division 8 of this zoning ordinance).

B. An open space management and conservation plan is required concurrent with an application to rezone or subdivide land within a phased dedication district.

(Code 1976, § V.E-214-1.2; Ord. No. 95-4, § 1, 5-9-95)

A. When a project or development case is proposed and an open space management and conservation plan has already been adopted for the subject development area, the Director of Community Development may grant an open space management and conservation plan waiver if the nature of the proposal does not increase impacts to the preservation area. Each request for an existing open space management and conservation plan waiver must be analyzed separately. The granting of one open space management and conservation plan waiver does not ensure or justify other waivers within that same phased dedication district.

B. A request for an open space management and conservation plan waiver shall be submitted in a form as prescribed by the Director of Community Development. The Director of Community Development shall review and determine whether a request to waive the requirements for an open space management and conservation plan should be approved.

(Code 1976, § V.E-214-1.3; Ord. No. 95-4, § 1, 5-9-95)

A. Persons eligible. The property owner or authorized agent of the property owner, the City Council, the Planning Commission, and the Director of Community Development may initiate an open space management and conservation plan.

B. If there is more than one landowner in the same phased dedication district, the City may, at its option, prepare the open space management and conservation plan document and charge the landowners for the cost of plan preparation through a fee based on gross acreage for the phased dedication district. An open space management and conservation plan for a phased dedication district with multiple property owners shall establish requirements which coincide with the different ownerships, to the extent possible.

C. The information listed below is required at the time an open space management and conservation plan application is submitted to the Community Development Department:

1. A complete development case application signed by the property owner or its authorized representative.

2. A deposit or fee as set forth by resolution of the City Council.

3. A letter of justification describing the proposed open space management and conservation plan, and explaining how it will satisfy the findings in Section 2-21-8.

4. A statement describing the consistency of the proposed open space management and conservation plan with the General Plan. If a zone change or General Plan amendment is being proposed, open space management and conservation plan with the proposed General Plan amendment and/or zone change.

5. Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

6. An open space management and conservation plan report with the following information:

a. Introduction.

b. Issues, goals, and objectives.

c. Inventory of biological resources.

d. Habitat creation and enhancement.

e. Wildlife habitat management for general and sensitive species.

f. Public use management, including public access, trails, signage, education and interpretive facilities.

g. Fire management (where applicable).

h. Hazardous waste assessment.

i. Stewardship plan map containing the following information:

(1) The boundaries of the management area, with legal description.

(2) Location and acreage of existing and restored biotic ecosystems.

(3) Location of existing and planned roads and bicycle, equestrian and hiking trails.

(4) Irrigation plan.

(5) Land ownership patterns and maintenance responsibilities.

(6) Description of adjacent land use.

7. Information as required by the City of Irvine open space management and conservation plan information sheet.

8. Other information as required by the Director of Community Development.

(Code 1976, § V.E-214-1.4; Ord. No. 95-4, § 1, 5-9-95)

A. The City Council shall be the final approval body for an open space management and conservation plan, with the Planning Commission, and other commissions as deemed appropriate, acting as advisory bodies.

B. The City Council shall approve, deny, or approve in modified form an open space management and conservation plan by resolution in connection with future development within the open space management and conservation plan by ordinance in connection with future development within a phased dedication district. In order to fulfill the purposes of this zoning ordinance, the City Council may require reasonable guarantees and evidence that the applicant or its successors in interest will satisfy any conditions imposed in connection with approval of the open space management and conservation plan.

(Code 1976, § V.E-214-1.5; Ord. No. 95-4, § 1, 5-9-95)

A. The Planning Commission shall hold at least one public hearing on an open space management and conservation plan application and forward to the City Council its recommendation of approval, denial or approval in modified form. A recommendation of approval or approval in modified form shall be based on the findings in Section 2-21-8. If deemed appropriate by the Director of Community Development, a review of the application may also be conducted by other commissions prior to Council action. These commissions shall prepare recommendations for consideration by the Planning Commission and City Council.

B. The City Council shall hold at least one public hearing and shall approve, deny or approve in modified form the open space management and conservation plan request, by resolution, based on the findings in Section 2-21-8.

(Code 1976, § V.E-214-1.6; Ord. No. 95-4, § 1, 5-9-95)

In order for the City Council to approve an open space management and conservation plan, the City Council shall find that:

A. The proposed open space management and conservation plan is consistent with the City of Irvine General Plan.

B. The proposed open space management and conservation plan is consistent with the intent of Section 2-21-1.

C. The proposed open space management and conservation plan is in the best interests of the public health, safety and welfare of the community.

D. The proposed open space management and conservation plan complies with all requirements for the dedication of permanent open space through a specified phased implementation program for affected planning areas and phased dedication districts (Division 8).

E. If the proposed open space management and conservation plan affects land located within the coastal zone, the proposed open space management and conservation plan will comply with the provisions of the land use plan of the certified local coastal program.

(Code 1976, § V.E-214-1.7; Ord. No. 95-4, § 1, 5-9-95)

A. The action taken by the City Council on an open space management and conservation plan proposal cannot be appealed. The Council's decision shall become final on the effective date of the ordinance approving, denying or approving in modified form the open space management and conservation plan.

B. The determination of the Director of Community Development on a request for a waiver shall become effective five business days after the date of the decision unless appealed.

(Code 1976, § V.E-214-1.8; Ord. No. 95-4, § 1, 5-9-95)