CHAPTER 12D
OPEN SPACE PRESERVATION
12D.1 Purpose.
The purpose of the open space commission is to recommend to the planning commission, the community services commission, the city council, and other appropriate agencies the means by which to designate, preserve and protect agricultural, ecological, recreational and scenic lands in Fairfield and surrounding areas for current residents and future generations, and to implement these goals through implementation of the general plan’s open space and conservation elements and by open space approvals of proposed developments, as provided for in this chapter.
12D.2 Open space commission.
There is hereby created an open space commission (hereinafter "commission") to carry out the functions defined in this chapter, consisting of:
a. Standing members. Five (5) standing members shall be appointed by the mayor with the approval of the city council from the community at large.
b. Advisory members. One (1) advisory member shall be appointed by the planning commission from its membership, and one (1) advisory member shall be appointed by the community services commission from its membership. Advisory members shall not have voting rights.
c. Term of office. The term of office for standing members shall be four (4) years beginning January 1 and ending December 31, provided that two of the initial members shall be appointed to two year terms, so that henceforth the terms of standing members will expire on a staggered basis. The term of office for advisory members shall be concurrent with their terms upon their respective commissions. Appointments to vacancies shall be for the unexpired portion of the term. The number of consecutive terms of any commission member shall be governed by the provisions of resolution 89-61, as that resolution may be amended from time to time.
d. The name of the Open Space Committee is changed to the Open Space Commission effective September 6, 1991. Any references to the open space committee within the Fairfield city code shall be changed to the open space commission.
12D.3 Duties and responsibilities of open space commission.
(a) The commission shall develop guidelines and procedural criteria for open space approval pursuant to section 12D.4 relative to site planning and hillside development as they relate to open space preservation, pooling development values, transfer of development rights, public access and trail systems, and the preservation of agriculture, trees, scenic vistas, wetlands and streams, wildlife and historical or archeological sites.
These guidelines and criteria shall be consistent with the open space and conservation element of the general plan and shall be reviewed by the planning commission and by the community services commission, which bodies shall make recommendations to the city council. These guidelines and criteria shall be approved by the city council before use by the commission. Those guidelines relative to hillside development shall also be reviewed by the architectural approval commission prior to their review by the planning commission.
(b) The commission shall consider all applications for open space approval made pursuant to section 12D.4, provided, that no applications shall be considered until the completion of any city council authorized open space studies affecting the applicable open space planning area.
(c) The commission shall have the power, and it shall be the duty of the commission to make recommendations (i) to the planning commission on any matter concerning the planning, preservation and management of open space, and (ii) to the community services commission on any matter concerning the access and use of open space for recreational purposes.
(d) The planning commission, community services commission or city council may refer any matter concerning open space planning or preservation to the commission for its review and recommendation.
(e) The commission may promote preservation of open space through public education, the schools and community organizations.
12D.4 Open space approval process.
(a) An open space approval is required from the commission for all proposed development projects located in whole or in part within an open space planning area as defined in section 12D.6. Since these open space planning areas are not defined by parcel lines, the determination of whether an open space approval is required for a specific development proposal shall be within the discretion of the director of planning and development. The director of planning and development shall require an open space approval if there is any doubt as to whether any part of the proposed development project falls within an open space planning area.
(b) A tentative parcel or subdivision map, or in the event such a tentative map is not required, a building permit, in an open space planning area as defined in section 12D.6, if not already approved as of the effective date of this ordinance, shall not be acted upon until open space approval has been granted for the development project in question. Any conditions of open space approval shall be attached to the tentative parcel or subdivision map.
(c) Review of a proposed development project for the purposes of open space approval shall occur at the earliest possible stage in the development review process relative to the development project in question. Therefore, whenever a property owner or agent first approaches the city’s planning and development department staff with respect to a proposed development project, said property owner or agent shall be informed of the open space approval requirement, and shall be encouraged to submit an application for open space approval at their earliest convenience.
(d) The requirement to complete the open space approval process shall be added to the list of actions required of an applicant for a development project, maintained pursuant to section 65940 of the California government code.
(e) Application for open space approval shall be made to the open space administrator by the property owner or agent, on a form, and accompanied by such maps and drawings, as may be prescribed by the administrator.
(f) The commission shall schedule initial consideration of a proposal within 30 days of receipt of a complete application for open space approval submitted by the property owner or agent to the open space administrator
Except as provided in section 12D.5(a), the commission shall review the application in a public meeting, and may continue its review to subsequent meetings.
(g) Any adjoining property owner, including those separated from the subject property by a public right of way, shall receive mailed notice of a pending request for open space approval before the commission. These property owners shall receive such notice at least five days prior to the meeting.
(h) The commission shall grant or deny open space approval within 60 days of receipt of a complete application for open space approval of the property owner or agent, unless the property owner or agent waives this time limit. The granting of approval may be accompanied by conditions which are consistent with the guidelines developed pursuant to section 12D.3(a).
(i) The commission shall forward its granting or denial of open space approval to the planning commission and to the architectural approval commission. In the event that the proposed development project is a type not reviewed by the planning commission, then the commission shall forward its granting or denial of open space approval to the director of planning and development, who shall consider it when making the planning and development department’s administrative determinations relative to that project.
(j) The planning commission shall take no action with respect to a proposed development subject to open space approval, until either the commission has granted or denied open space approval, or until the time deadline has elapsed without commission action, pursuant to section 12D.3(h).
(k) Actions of the commission relative to the granting or denial of an application for open space approval may be appealed to the planning commission by the applicant or any affected party in the same manner as provided by section 25.34. Acting on such appeal, the planning commission may affirm, change or modify the commission’s action.
12D.5 Duties and responsibilities of the open space administrator.
(a) The open space administrator shall be the city’s director of planning and development or a member of the planning and development department staff that director so designates. The commission may elect to authorize the open space administrator to grant open space approval for proposed development projects which are minor in nature and which meet the open space preservation guidelines and criteria of the commission adopted pursuant to section 12D.3(a), and to conduct other business of the commission which is minor or routine in nature.
(b) A decision of the open space administrator relative to granting open space approval pursuant to section 12D.5(a) may be appealed to the commission by the applicant or any affected party in the same manner as provided by section 25.34.
12D.6 Open Space Planning Areas.
(a) For the purposes of this chapter, "Open Space Planning Area" means the eleven geographic regions set forth in the Final Report of the Vision 2020 Open Space Task Force of March 1990, which were designated as follows:
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Area 1 |
- |
Benicia/Fairfield/Vallejo Buffer Zone |
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Area 2 |
- |
Lower Green Valley |
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Area 3 |
- |
Green Valley Falls |
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Area 4 |
- |
Rockville Hills |
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Area 5 |
- |
Upper Suisun Valley |
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Area 6 |
- |
Lower Suisun Valley |
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Area 7 |
- |
Nelson Hill |
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Area 8 |
- |
Rolling Hills |
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Area 9 |
- |
Fairfield/Vacaville Greenbelt |
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Area 10 |
- |
Travis AFB/Jepson Prairie |
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Area 11 |
- |
Suisun Marsh |
The maps contained within this report shall be the basis for the open space administrator determining pursuant to section 12D.4(a) whether a proposed development project is located in whole or in part within an open space planning area.
(b) The city council may define by resolution open space standards or development standards or guidelines to govern open space approval applications within an open space planning area which are unique to that particular area.
12D.7 Open space definition.
For purposes of this chapter "open space" means any parcel or area of land or water located within or surrounding the City of Fairfield, which is essentially unimproved, and which is devoted to an open space use as defined by "open space land" in section 65560 of the California government code. (Ord. No. 90-28, § 1; Ord. No. 91-18, § 1.)