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Required
Contents
Government Code section 65302(a)
describes the required content of a land use element. Specifically, the land use element must
designate the proposed general distribution, general location, and extent of land uses for
• Housing, business, and industry
• Open space, including agricultural land, watersheds, natural resources,
and recreation
• Recreation facilities and opportunities
• Educational facilities
• Public buildings and grounds
• Future solid and liquid waste facilities
• Greenways
• Timberland Preserve Zone lands
• Areas subject to flooding, identified by either flood plain mapping prepared by the
Federal Emergency Management Agency
(FEMA)
or the
Department of Water Resources
or mapped flood areas adopted by the local community on Flood Insurance
Rate Maps
• Military land use compatibility and impacts to military readiness
• Other categories of public
and private uses of land, such as marine protected areas
The land use element should contain a sufficient number of land use categories to conveniently classify the various uses
identified by the plan. Land use categories should be descriptive enough to distinguish between allowable levels of intensity
and allowable uses. The element should include categories reflecting existing land uses as well as projected development.
Additionally, the land use element must include “a statement of the standards of population density and building intensity
recommended for the various districts and other territory covered by the plan” (
Camp v. County of Mendocino Board
of Supervisors
(1981) 123 Cal.App.3d 334
). There need not be an equal number of land use designations and zoning
classifications. In many cases, there may be more than one zone that would be consistent with each land use designation.
The land use element must accommodate specific land uses identified in the conservation element pursuant to
Government
Code section 65302(g)(d)(3)
. The land use plan must identify waterways used in flood management and could also identify
groundwater recharge areas.
The land use element must also consider the impact of new development on military readiness activities
carried out on military
bases, installations, and in operating and training areas. Planners must take such impacts into account when proposing
zoning ordinances or designating land uses covered by the general plan for land that is either adjacent to military facilities or
underlying designated military aviation routes and airspace (
Gov. Code § 65302(a)(2)
). For a GIS map of military aviation
routes and airspace by local government boundary, see the
California Military Land Use Compatibility Analyst
. For more
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information on community and military compatibility planning, see the
supplement to
the general plan guidelines
.
The land use element must also be consistent with airport land use compatibility plans where applicable (
Gov. Code §
65302.3
). For more information on airport land use compatibility and requirements, see the
California Airport Land Use
Planning Handbook
.
The land use element must reflect the specific contents from other elements. For example, the land use element must account for
“rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater
recharge and stormwater management,”
as identified in the
conservation element
(
Gov. Code § 65302(d)(3)
). The law also requires
the land use element to correlate with the
circulation element
(
Gov. Code § 65302(b)
); and to use the
noise element
(
Gov. Code §
65302(f)
) as a guide for establishing a pattern of land use that minimizes the exposure of community residents to excessive noise. For
more detailed discussions of those requirements, see the
circulation
,
conservation
, and
noise elements
.
As explained later in this chapter, in some circumstances the land use element must also identify
disadvantaged communities
and plan for infrastructure in those communities.
Density and Intensity
California’s population continues to grow, and the general plan presents a platform to prepare for future needs. Jurisdictions
must plan to accommodate the share of the regional housing need that is allocated to them by their Council of Governments
(
Gov. Code § 65584 (b)
). In doing so, planners should consider several factors in their forecasts and build-out scenarios,
including population growth and trends, community and regional demographics, the local mix of jobs and housing,
economic trends, and infrastructure needs.
The Demographic Research Unit within the California Department of Finance
(DOF)
prepares annual population estimates for the state and for individual counties and cities.
This unit also produces
information on housing units, vacancies, average household size, components of population change, and special populations.
More broadly, the
Department of Finance
forecasts both population and public school enrollment for the state and for each
county for 50 years into the future. DOF data are used to comply with various state codes, including the
Regional Housing
Needs Assessment (RHNA)
process, and for research and planning purposes by federal, state,
and local agencies, the academic
community, and the private sector.
“Population density” refers to the “numbers of people in a given area and not to dwelling units per acre, unless the basis for
correlation between the measure of dwelling units per acre and numbers of people is set forth explicitly in the plan” (
Twain
Harte Homeowners Association v. County of Tuolumne
(1982) 138 Cal.App.3d 664
). Quantifiable standards of population
density must be provided for each of the land use categories contained in the plan. Population density standards need not be
restricted solely to land use designations with residential development potential. As the court stated in Twain Harte, “it would
not be unreasonable to interpret the term ‘population density’ as relating not only to residential density, but also to uses of
nonresidential land categories and as requiring an analysis of use patterns for all categories . . . it appears sensible to allow
local governments to determine whether the statement of population standards
is to be tied to residency or, more ambitiously,
to the daily usage [sic] estimates for each land classification.” Although applied differently from one jurisdiction to another,
residential population density can best be expressed as the relationship between two factors: the number of dwellings per acre
and the number of residents per dwelling.