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Open
Space Element
Introduction
“California legislative policy strongly favors the preservation of open spaces” (
Gisler v. County of Madera
(1974) 38 Cal.
App. 3d 303, 307
; see also
Cal. Const. art. XIII, § 8
). Together with the
conservation element
, an open space element identifies
areas that provide value in an essentially undeveloped condition and creates a plan to preserve such areas. The open space
element reinforces the
conservation element
by guiding the comprehensive and long-range preservation of open space lands
that are important to the conservation of the State’s natural resources. The conservation element should be used to inform and
support both the
open space element and the
land use element
, guiding the identification of resource areas that should remain
undeveloped and those that are appropriate for future development. Open space is defined as any parcel or area of land or water
that is essentially unimproved and devoted to open-space use (
Gov. Code § 65560(b)
). Such lands or waters may provide value
related to, among other things, recreation, health, habitat, biodiversity, wildlife conservation aesthetics, economy, climate
change mitigation and adaptation,
flood risk reduction, managed natural resources production, agricultural production, and
protection from hazardous conditions.
Because open space issues are broad in nature and overlap those of several elements, consistency among elements must be
considered carefully. The open space element is interrelated with other elements, overlapping with the
conservation
element
when referring to open space dedicated to the preservation of natural resources and the managed production of resources;
the
safety element
when considering open space for public health and safety; and the
housing
and
land use
elements when
determining the suitability of sites for future development.
C O R R E L A T I O N S A M O N G E L E M E N T S
n
Identified
in statute
n
Closely related to statutory requirements
Land Use
Circulation
Housing
Conservation
Noise
Safety
EJ
Open Space
n
n
n
n
n
n
n
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 that is essentially unimproved and devoted to an open-space use as
defined in this section, and that is designated on a local, regional, or state open-space plan as any of the following:
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(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 scientific study purposes; rivers, streams, bays, and estuaries; and coastal beaches, lakeshores, 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 groundwater basins; bays, estuaries, marshes, rivers, and streams that 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 lakeshores,
beaches, and rivers and streams; and areas that 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 that 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.
(5) Open space in support of the mission of military installations that comprise areas adjacent to military
installations,
military training routes, and underlying restricted airspace that can provide additional buffer
zones to military activities and complement the resource values of the military lands.
(6) Open space for the protection of places, features, and objects described in Sections 5097.9 and 5097.993 of the
Public Resources Code.
Completeness Checklist
Local agency staff can use the following checklist to help ensure that the open space element addresses all required issues. Please
note that use of this checklist is purely advisory, and only contains issues that are legally required by
Government Code section
65560 et seq
. Open Space elements may address additional issues at the discretion of the local government. Because general plan
formats
may vary, this checklist suggests identifying where the particular government code provision is satisfied
Statutory Citation
Brief Description of Requirement
Gov. Code § 65563
Long range and comprehensive
Gov. Code § 65563
Plan for preservation and conservation of open space lands, including the following: