General
Plan Requirements for an Open Space Excerpted from the CERES/Lupin
site discussing State Law PERTINENT CALIFORNIA CODE SECTIONS Government Code Section 65302(e): [The general plan shall include] an open-space element as provided in Article 10.5 (commencing with [Government Code] Section 65560). Government Code Section 65560: (a) "Local open-space plan" is the open-space element of a county or city general plan adopted by the board or council, either as the local open-space plan or as the interim local open-space plan adopted pursuant to Section 65563. (b) "Open-space land" is any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as dened in this section, and which is designated on a local, regional or state open-space plan as any of the following: (1) 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 scientic study purposes; rivers, streams, bays and estuaries; and coastal beaches, lake shores, banks of rivers and streams, and watershed lands. (2) 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 ground water 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. (3) 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 access to lake shores, 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. (4) 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, flood plains, 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. Government Code Section 65561: The Legislature finds and declares as follows: (a) That the preservation of open-space land, as defined in this article, is necessary not only for the maintenance of the economy of the state, but also for the assurance of the continued availability of land for the production of food and fiber, 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 urban dwellers because it will discourage noncontiguous development patterns which unnecessarily increase the costs of community services to community residents. (c) That the anticipated increase in the population of the state demands that cities, counties, and the state at the earliest possible date make denfiite 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 interest of all its people are met in the orderly growth and development of the state and the preservation and conservation of its resources, it is necessary to provide for the development by the state, regional agencies, counties and cities, including charter cities, of statewide coordinated plans for the conservation and preservation of open-space lands. (e) That for these reasons this article is necessary for the promotion of the general welfare and for the protection of the public interest in open-space land. Government Code Section 65562: It is the intent of the Legislature in enacting this article: (a) To assure that cities and counties recognize that open-space land is a limited and valuable resource which must be conserved wherever possible. (b) To assure that every city and county 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. Government Code Section 65563: On or before December 31, 1973, every city and county shall prepare, adopt and submit to the Secretary of the Resources Agency a local open-space plan for the comprehensive and longrange preservation and conservation of open-space land within its jurisdiction . . . . Government Code Section 65564: Every local open-space plan shall contain an action program consisting of specfiic programs which the legislative body intends to pursue in implementing its open-space plan. Government Code Section 65566: Any action by a county or city by which open-space land or any interest therein is acquired or disposed of or its use restricted or regulated, whether or not pursuant to this part, must be consistent with the local open-space plan. Government Code Section 65567: No building permit may be issued, no subdivision map approved, and no open-space zoning ordinance adopted, unless the proposed construction, subdivision or ordinance is consistent with the local open-space plan. Public Resources Code Section 5076: In developing the open-space element of a general plan as specified in subdivision (e) of Section 65302 of the Government Code, every city and county shall consider demands for trail-oriented recreational use and shall consider such demands in developing specfiic open-space programs. Further, every city, county, and district shall consider the feasibility of integrating its trail routes with appropriate segments of the state system. Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city. BACKGROUND The Legislature added the requirement for an open-space element to state law in 1970, with compliance required by December 31, 1973. Along with the housing element, the open-space element has a clear statutory intent (see Government Code Sections 65561 and 65562) and, next to land use, is broadest in scope (see the first paragraph of Government Code Section 65563 and subdivision (b) of Government Code Section 65560). Because of this breadth, open space issues overlap those of several other elements. For instance, the land use element's issues of agriculture, natural resources, recreation, enjoyment of scenic beauty and (to a certain extent) public grounds are covered by open space provisions. "Open space for the preservation of natural resources" and "open space used for the managed production of resources" encompass the concerns of the conservation element. "Open space for public health and safety" covers issues similar to those found in the safety element. |
