C H A P T E R 4 : R E Q U I R E D E L E M E N T S
|
128
4
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
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
Risks associated with designated open space areas
Earthquake fault zones, flood plains, and fire risk areas mapped along-
side open space
Identification of areas for enhancement or protection of air quality
Air quality levels by area,
circulation maps, inventory of trees and
greenery
Intent of Analysis
Recommended Data
Identify areas to protect from development for military purposes
Mapping of military installations and training routes
Open Space for Military Support
Requirement Description:
The open space element must identify military installations and training routes. It should include policies for areas adjacent
to or related to military activity. For additional information please review the
California Advisory
Handbook for Community and
Military Compatibility Planning
.
Open Space for Tribal Resources
Requirement Description:
Consultation with the appropriate tribes is essential to both accurately identify those areas needing protection, and to protect the
confidentiality and dignity of sensitive resources. Jurisdictions must consult with Native American tribes during an amendment
or update to a general plan (
Gov. Code § 65352
). The
Native American Heritage Commission
can help identify the appropriate
tribes to engage in consultation. The following are categories of tribal resources that should be
included in the open space
element and the inventory of open space resources (
Gov. Code § 65560(b)(6))
;
also see adjacent box):
• Public land containing any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred
shrine. The Native American Heritage Commission can provide access to such information.
• Native
American historic, cultural, or sacred sites that are listed or may be eligible for listing in the California Register of
Historic
Resources pursuant to
Public Resources Code Section 5024.1
.
Before the adoption or any amendment of a city or county’s general plan, the city or county must conduct consultations with
California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the
purpose of preserving or mitigating impacts to places, features, and objects described in Public Resources Code Sections
5097.9
and
5097.993
that are located within the city our county’s jurisdiction (
Gov. Code § 65352.3(a)(1)
). From the date on which a
city or county pursuant to this subdivision contacts a California
Native American tribe, the tribe has 90 days in which to request
a consultation, unless a shorter timeframe has been agreed to by that tribe (
Gov. Code § 65352.3(a)(2)
).
C H A P T E R 4 : R E Q U I R E D E L E M E N T S
|
129
4
Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Government Code
Section
65040.2
, the city our county shall protect the confidentiality of information concerning the specific identity, location,
character, and use of those places, features and objects. (
Gov. Code § 65352.3(b)
).
In addition, if new areas containing tribal resources are designated as open space after 2005,
Government
Code Section
65562.5
requires additional consultation. When consulting tribes, refer to Section V of the 2005
Tribal Consultation Guidelines
,
Supplement to the GPG:
On and after March 1, 2005, if land designated, or proposed to be designated as open space contains a place of cultural
significance, and if an affected tribe has requested notice of public hearing under
Government Code §65092
, then local
governments must consult with the tribe. The purpose of this consultation is to determine the level of confidentiality required
to
protect the specific identity, location, or use of the cultural place, and to develop treatment with appropriate dignity of the
cultural place in any corresponding management plan (
Gov. Code §65562.5
).
Government Code § 65560(b)(6):
• Public land containing any Native American
» sanctified cemetery,
» place of worship,
» religious or ceremonial site,
» sacred shrine,
• Native American historic, cultural, or sacred site that is listed or may be eligible for listing in the California Register of
Historic Resources pursuant to Public Resources Code Section 5024.1
• Tribal consultation is required to determine the level of confidentiality needed (Gov. Code § 65562.5)
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
Identification of Tribal resources to be protected
Inventory of locations and descriptions of resources, obtained through
Tribal consultation
» burial sites,
» historic
or prehistoric ruins, or
» Native American inscriptions or rock art