Preservation in Jeopardy: Legal Experts Call Out City Over Oak Creek Land Deal
On July 17, 2025, the leading law firm Carstens, Black & Minteer LLP sent a detailed legal letter to the Irvine City Council on behalf of Save Irvine Open Space and the Orange Tree Master Homeowners Association. The letter outlines serious legal concerns with the City’s proposed ballot measure that could remove protections from designated open space at Oak Creek. It emphasizes that any change to Initiative 88-1 requires voter approval and compliance with environmental law (CEQA). The letter also highlights the City’s failure to enforce zoning rules that required the Irvine Company to convey a permanent open space easement decades ago. This blog post breaks down what’s at stake, why this matters to Irvine residents, and what you can do to help protect the city’s green spaces.
7/18/20252 min read
Attorneys Warn: City Must Follow the Law Before Touching Irvine’s Protected Open Space
July 17, 2025
By Save Irvine Open Space Team
A respected environmental law firm has issued a powerful legal letter to the Irvine City Council ahead of its July 22 meeting — warning the City that any attempt to change the open space protections at Oak Creek without voter approval is unlawful and would violate state environmental laws.
The letter, written by Douglas Carstens of Carstens, Black & Minteer LLP, represents Save Irvine Open Space and the Orange Tree Master Homeowners Association, a community of more than 1,000 homes located next to the Oak Creek Golf Club.
According to the letter, the City is considering placing a misleading measure on the November ballot — one that could remove protections for Preservation Area O (the open space currently occupied by the Oak Creek Golf Course), without properly informing voters or complying with environmental laws.
“This is not optional,” the letter states. “The City must return to the voters before changing open space protections enacted in 1988 through Initiative Measure 88-1.”
The Legal Argument
Voter Intent Matters:
In 1988, Irvine voters overwhelmingly approved Initiative Resolution 88-1, permanently designating several areas — including what is now Oak Creek — as protected open space.The Law Requires a Vote:
Legal precedent (like the Pala Band of Mission Indians v. Board of Supervisors case) makes clear that any attempt to reverse a voter-approved land use change must go back to the voters.The Ballot Measure Is Misleading:
The draft language of the proposed ballot measure appears to exclude Oak Creek from protections — violating the spirit and letter of the 1988 measure.The City Violated CEQA:
Under California law (CEQA), the City must conduct an environmental review before placing a measure on the ballot that would convert designated open space into residential or commercial use.A Broken Promise:
The Irvine Company was legally required to dedicate an open space easement over Preservation Area O. That easement still hasn’t been conveyed to the City — despite development in Planning Area 12 being completed decades ago.
What This Means
If the City proceeds with this measure without fixing errors, honoring easement commitments, or following CEQA, it could face serious legal consequences — and lose public trust.
“This is about more than a piece of land,” said one SIOS supporter. “It’s about accountability. About keeping promises. And about standing up when something isn’t right.”
What You Can Do
Attend the July 22 City Council meeting and speak during public comment
Email the City Council at irvinecitycouncil@cityofirvine.org
Share this article with neighbors, friends, and local groups