The planning, maintaining, improving, protecting, limiting the future use of or otherwise conserving open spaces and areas within the city and the performance of all undertakings incidental or advantageous thereto are public uses and purposes for which public money may be spent and private property acquired, and are governmental functions.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-200)
The Council finds and declares as follows:
(a) 
That the preservation of open space land, as defined in this chapter, is necessary for the assurance of the continued availability of land for the enjoyment of scenic beauty, for recreation and for the use of natural resources.
(b) 
That discouraging premature and unnecessary conversion of open space land to urban uses is a matter of public interest and will be of benefit to City residents because it will discourage noncontiguous development patterns which unnecessarily increase the costs of City services to City residents.
(c) 
That the anticipated increase in the population of the City demands that the City at the earliest possible date make definite plans for the preservation of valuable open space land and take positive action to carry out such plans by the adoption and strict administration of laws, ordinances, rules and regulations as authorized by this chapter or by other appropriate methods.
(d) 
That in order to assure that the interests of all its people are met in the orderly growth and development of the City and the preservation and conservation of its resources, it is necessary to provide for the development by the City of coordinated plans for the conservation and preservation of open space lands.
(e) 
That for these reasons this chapter is necessary for the promotion of the general welfare and for the protection of the public interest in open space land.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-201)
It is the purpose of the Council in enacting this chapter to recognize that open space land is a limited and valuable resource which must be conserved wherever possible and to establish procedures for the creation of an authority which will prepare and carry out open space plans which, along with State and regional open space plans, will accomplish the objectives of a comprehensive open space program, as contemplated by Article 10.5, (commencing with Section 65560) of Chapter 3 of Title 7 of the Government Code of the State of California. This article is adopted in furtherance of the objectives of said Article 10.5.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-202)
This chapter shall not affect any other provision of law relating to the same or a similar subject but provides an alternative method of procedure governing the subject to which it relates, and it shall not abridge, modify or otherwise affect the right of the City to exercise any power given to it by the Constitution or any other law.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-204)
The City may exercise any or all of the powers granted to the authority by this chapter alone, or in combination with powers granted by any other law relative to sports and open space facilities.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-205)
Sports and open space facilities of the authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which they are situated. In the planning and location of any such facility, the authority is subject to the relationship of the facility to any officially adopted master plan or sections of such master plan for the development of the area in which the authority functions to the same extent as if it were a private entity.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-206)
If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-207)
Unless the context otherwise requires, the definitions set forth in this part govern the construction of this chapter.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-208)
"Obligee of the authority" or "obligee"
means any of the following:
(a) 
Any bondholder or trustee for any bondholders.
(b) 
Any lessor demising to the authority property used in connection with a sports or open space facility or any assignee of all or part of such lessor's interest.
(c) 
The State or the United States, or any agency of either, when a party to any contract with the authority by which aid or a loan is given or made to the authority.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-210)
"Project"
means any acquisition, improvement, construction, or undertaking of any kind authorized by this chapter.
(Ord. 1296 § 1, 10-8-1974; Formerly § 16-212)
"Open space land"
is any parcel or area of land or water which is essentially unimproved and devoted to an open space use as defined in this section, and which is designated on a local (including redevelopment), regional, or State plan as any of the following:
(a) 
Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands.
(b) 
Open space used for the managed production of resources including, but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply.
(c) 
Open space for outdoor recreation including, but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including recreational or theme parks and related facilities, outdoor sports activities such as golf, and access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.
(d) 
Open space for public health and safety including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.
(Ord. 1296 § 1, 10-8-1974; Ord. 1501 § 1, 7-3-1984; Formerly § 16-213)