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Local jurisdictions
must assess floodplain mapping, groundwater recharge, and stormwater management information and
determine any needed changes in the general plan. If new data comes to light, then the existing general plan’s background
information, maps, goals, policies, and implementation measures may need updating. As flood risk may change over time, cities
and counties should establish policies for land use that are consistent with evolving flood risks.
The land use element policies addressing flooding should also be consistent with additional flood control policies required in
the
conservation
and
safety
elements, as well
as any policies related to
climate change
, and should consider the potential for
groundwater recharge benefits for water supply. When linked to consistent policies in other elements, addressing flooding through
hazard area identification and land use management policies may help jurisdictions reduce redundancy in their general plans
S A M P L E O F O P R - R E C O M M E N D E D D A T A F O R C O N S I D E R A T I O N I N A N A L Y S I S O F T H I S E L E M E N T
Intent of Analysis
Recommended Data
Incorporate stormwater capture and low impact development (LID) for
water supply benefits and safety into site planning.
Levee flood protection zones;
100-year
floodplain maps;
200-year floodplain maps (if available);
500-year floodplain maps;
Awareness floodplain maps;
Best available maps.
Identify populations with evacuation challenges.
US Census data on disabled persons, the elderly, and households with
transportation barriers.
Identify opportunities for integration between habitats.
Choices in site planning – see DWR Land Use Surveys.
Identification of Timberland Production Zone Lands
Requirement Description:
The land use element must designate “parcels of real property zoned for timberland production pursuant to the Timberland
Productivity Act of 1982 …” (
Gov. Code § 65302(a)(1)
). Under the
Z’berg-Warren-Keene-Collier Forest Taxation Reform Act of
1976
, land zoned for timber production receives substantial tax benefits. Such timber production zones (TPZ), also known as
timber
preserve zones, are restricted to the production of timber or compatible use for ten years, followed by annual automatic
renewal unless otherwise terminated (
Gov. Code § 51114, 51115
). These acres of TPZ represent the State’s long-term, privately
owned forestland base.
As population increases, encroaching development threatens timberland production zones. The state discourages the expansion
of urban services into timberlands and “premature or unnecessary conversion of timberland to urban and other uses” (
Gov.
Code § 51102(a)
). Ensuring the continual growing and harvesting of timber is important “to ensure the long-term productivity
of the forest resource, the long-term economic viability of
the forest products industry, and long-term stability of local resource-
based economies” (
Gov. Code § 51101(c)
). The land use element regarding TPZ should support and remain consistent with
policy objectives in the
conservation
and
open space
elements
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Impact of New Growth on Military Readiness Activities
Requirement Description:
A land use element must include consideration of impacts to the military’s operations. Specifically,
Government Code section
65302(a)(2)
requires consideration of impacts of land use decisions on military. The law states that the land use element of
the general plan shall “[c]onsider the impact of new growth on military readiness activities carried out on military bases,
installations, and
operating and training areas, when proposing zoning ordinances or designating land uses covered by the
general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and
airspace” (
Gov. Code § 65302(a)(2)
).
To encourage collaboration between the military and local jurisdictions and to prevent land use conflicts with military
installations and training activities, California law created a notification process to inform the military of local land use
proposals that might have an impact on military facilities and operations. The law requires that local governments 1) use
development permit applications that identify proposed projects within 1,000 feet of a military installation,
beneath a low-level
flight path, or within special use airspace and 2) notify the military when a proposed project, or an updated or revised general
plan, might have an impact on
military facilities and operations (Gov. Code § 65944(d))
. The
California Military Land Use
Compatibility Analyst (CMLUCA)
can help identify where military operations are in relation to cities and counties. CMLUCA can
also generate a report to notify the military when there is a project proposed under military airspace.
Military Compatibility Planning Resources
For more information on military compatibility issues, please see OPR’s
California Advisory Handbook for Community and Military
Compatibility
Planning
and the
Community and Military Compatibility Planning: Supplement to the General Plan Guidelines
.
Military staff are available to work with local governments on military compatible land use planning. For more information, and
a memo on
Government Code section 65352(a)(6)(A)
and
Government Code section 65944(e)
notification requirements, please
see OPR’s California Strategic Coordination and Engagement Program.
Local military activity or Department of Defense Service points of contact can provide specific information about military
installations and training areas within your county or city. It is important to check with the military points of contact to discuss
the particular military operations in your area and how a local government’s vision for development can be compatible with
those operations. In the case of areas
with low-level flight paths, it is particularly important to coordinate with the branch points
of contact. OPR maintains a
list of military branch points of contact
.
Each city and county should implement a process to identify, coordinate, and assist in resolving potential land use conflicts
within nearby military training areas or under military special use airspace to ensure that new development is compatible with
military operations and with mission training and testing requirements. New development should be reviewed and regulated
to avoid impact to military operations areas (MOAs) and to maintain public safety. The
General
Plan Mapping Tool
and the
CMLUCA
both can help map locations of military operations. The local jurisdiction should inform the military officials of any
changes by school districts, charter schools or other state level agencies that may affect military readiness.