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For cities and counties
with agricultural lands, consideration of those lands specifically in a broader land use context may help
identify better policies to achieve their general plan goals. In addition to their value as an economic driver, agricultural lands
can help cities and counties preserve open space lands’ aesthetic qualities, maintain physical separation between urban areas,
and preserve biological resources. However, some of the most valuable agricultural lands are located closest to growing cities
and are thus at highest risk for conversion. Without appropriate land use planning and policies that encourage conservation,
many of these spaces may be permanently lost.
Tax incentives
for converting vacant space into urban
agricultural zones provide
potential tools for cities with smaller plots of useable land.
The land use element policies and maps must be consistent with the
conservation
and
open space
element, both of which
contain more specific requirements.
Statewide policies favor preservation of open space.
(a) “That the preservation of open-space land … 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” (Gov. Code § 65561).
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
Identify proportion of the population, especially vulnerable or disadvan-
taged communities, within X miles of recreational open space and with
ready access to it (e.g. transit).
Census tract data with geo-mapping overlay of recreational open space
overlaid with mass transit routes.
Identify areas important to water supply or water quality to ensure
protection.
Water supply source areas, infiltration areas,
areas above groundwater
supplies, wetlands, natural filtration basins, and priority recharge zones.
Educational Facilities
Requirement Description:
The land use element must plan for the use of land for “education” (
Gov. Code § 65302(a)
). Educational facilities may
include district-run facilities, but also charter schools, private schools, parochial schools, preschools,
closed and surplus school
properties, career colleges, higher education satellite campuses, home school centers, independent study centers, adult education
and regional occupational programs. Local governments and school districts have separate but related statutory requirements
and authority, as explained in the list below, and coordination is mutually beneficial. Land use may affect school functions—
for example, by facilitating safe routes to schools.
Similarly, the placement of schools within a community may influence
circulation
patterns and housing decisions. School siting should consider regional growth characteristics as well as changes in
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demographics and density as state and local laws change to prioritize more resource efficient development patterns, including
agricultural farmland preservation. Additionally, school districts and communities should consider
climate
related risks, such as
flooding, fire, and other hazards, when planning new facilities. Ensuring that school districts participate
in the planning process
through outreach, engagement, and coordination where possible can benefit the community, reduce potential future issues, and
facilitate alignment between city, county, and district goals.
California Code of Regulations, Title 5, §14001. Minimum Standards:
Educational facilities planned by school districts shall be:
(a) Evolved from a statement of educational program requirements which reflects the school district’s educational goals and
objectives.
(b) Master-planned to provide for maximum site enrollment.
(c) Located on a site which meets California Department of Education standards as specified in Section 14010.
(d) Designed for the environmental comfort and work efficiency of the occupants.
(e) Designed to require a practical minimum of maintenance.
(f) Designed to meet federal, state, and local statuary
requirements for structure, fire, and public safety.
(g) Designed and engineered with flexibility to accommodate future needs
School districts are required to comply with city/county zoning ordinances if the city/county has an adopted general plan and
the ordinances make provisions for the location of public schools. Nevertheless, a school district governing board that has
complied with notification requirements may, by a two-thirds vote, “render a city or county zoning ordinance inapplicable
to a proposed use of property by the school district” for classroom facilities (
Gov. Code § 53094
) pursuant to Attorney
General Opinion No. 99-401, “even though such use would not be in conformity with the general plan” (
82 Ops.Cal.Atty.
Gen. 135
). There are certain exceptions to the ability of a school district to render zoning inapplicable (
Gov. Code § 53094
),
such as property within a farmland security zone or property
covered by regional plans, such as those adopted by the Coastal
Commission or Tahoe Regional Planning agency. School districts must also comply with city and county ordinances regulating
improvements in drainage, roads, and on-site grading plans (
Gov. Code § 53097
). Additionally, charter schools may have
separate rules and requirements, including exemption from certain laws governing school districts (
Ed. Code § 47610
). Early
coordination between school districts and planners can help improve outcomes for all. The
National Safe Routes to School
Partnership
outlines numerous best practices for school siting, as well as case studies on communities around the nation.
Although cities and counties
control land use approvals, and school siting is controlled by local school districts, consultation
between those entities is required at several points in the planning process. Before adopting a general plan, a local government
must solicit input from affected school districts (
Gov. Code § 65352(a)(2)
). The Local Agency Formation Commission (LAFCO)
should also be consulted early in the process of school site consideration.