From time to time, the City may acquire real property for open space purposes. Generally such property is held in perpetuity for said purposes. From time to time, however, it may become appropriate and beneficial to the citizens of Thousand Oaks that property of this nature shall be sold, exchanged, or otherwise disposed for the public benefit.

   The purpose of this chapter is to establish procedural requirements which must be met prior to the disposition of open space property owned by the City.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   For the purposes of this chapter, the following definitions shall apply:

   (a)   “Minor open space adjustment” shall mean either of the following:

   (1)   A lot line adjustment under the Subdivision Map Act, which involves less than one-half (1/2) acre of City open space; or

   (2)   The granting of a utility easement for a facility or use which will occur entirely below the surface of the land.

   (b)   “Open space” land shall mean land owned by the City which has been designated for the preservation of the surface of that land in essentially an open, natural, and undeveloped state. Open space may contain limited improvements and uses which are compatible and consistent with open space use.

   City property shall be “open space” property if any one or more of the following apply:

   (1)   The deed, recorded tract map, or other instrument transferring the property to the City designates the property as open space, or some document appurtenant to the transfer stipulates that the purpose of the transfer is to maintain the property as open space;

   (2)   The City Council declares by resolution that the property is open space. Said resolution may be adopted before, concurrent with, or after the acquisition of the property in question.

   (3)   The City Council has placed the property in the Open Space (OS) Zone, as defined by Article 36 of Chapter 4 of this title.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   Open space property owned by the City of Thousand Oaks shall not be sold, exchanged, or otherwise transferred, nor shall a land lease, easement, or other specific long-term permission to use the property be granted or issued, without the authorization of the City Council given pursuant to this chapter.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   Except as authorized by Article 3 of this chapter, the Council shall not authorize City open space property to be sold, exchanged, leased, or otherwise disposed of, authorize the construction of improvements which are inconsistent with passive recreational uses on such open space; or authorize the granting of an easement over open space property, until after the City Council has conducted a public hearing on the matter.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   Notice of the date, time, place, hearing body, and subject matter of any public hearing required by Section 9-13.201 of this article shall be given in the manner required by Chapter 12 of this title.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   If the proposed use of the open space property requires an entitlement from the City, then the required public hearing on the proposed sale, disposition, transfer, lease, or grant of easement may be consolidated with the public hearing on the entitlement. If an administrative officer or Planning Commission has decision-making authority over the entitlement, any decision on said entitlement shall not be final unless ratified by the City Council following a public hearing as required by this article.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   The provisions of this chapter shall not be applicable to the transfer of property to one or more other public agencies for the same purposes of open space preservation. Such transfers shall require the approval of the City Council, but shall not require a noticed public hearing prior to said transfer.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)

   The provisions of this chapter shall not be applicable to minor open space adjustments.

(§ 1, Ord. 1194-NS, eff. December 14, 1993)