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Statutory Citation
Brief Description of Requirement
Gov. Code § 65560(b)(1)
Open Space for Natural Resources
• 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
Gov. Code § 65560(b)(2)
Open Space for Managed Production of Resources
• Forest lands, rangeland, agricultural lands (reflecting Department of Conservation agricultural resources
maps and inventory) 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 which are important for the management of commercial
fisheries; and
• Areas containing major mineral deposits, including those in short supply
Gov. Code § 65560(b)(3)
Open Space for Outdoor Recreation
• 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 which serve as links between major recreation and open-space reservations, including utility
easements, banks of rivers and streams, trails, and scenic highway corridors
Gov. Code § 65560(b)(4)
Open Space for Public Health and Safety
• Areas which require special management or regulation because of hazardous or special conditions such as
o Earthquake fault zones,
o Unstable soil areas,
o Flood plains,
o Watersheds,
o Areas presenting high fire risks,
o Areas required for the protection of water quality and water reservoirs and
o Areas required for the protection and enhancement of air quality
Gov. Code § 65560(b)(5)
Open Space for Military Support
• Areas adjacent to military installations,
•
Military training routes, and
• Areas underlying restricted airspace
Gov. Code § 65560(b)(6)
Open Space for Tribal Resources
• Public land containing any Native American
o Sanctified cemetery,
o Place of worship,
o Religious or ceremonial site, or
o Sacred shrine
• 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 Section 5024.1
• Tribal consultation is required to determine the level of confidentiality needed (§ 65562.5)
Save El Toro Assn. v. Days
(1977) 74 Cal. App. 3d 64, 73
Gov. Code § 65560(b)
Inventory of the above lands
• Include any parcel that is essentially unimproved (i.e., need not be completely vacant)
Gov. Code § 65562(a)
Policies provide that open space “must be conserved wherever possible”
Gov. Code § 65562(b)
Co-ordinated with state and regional plans
Gov. Code § 65564
• § 65566
• § 65567
• § 65910
Action plan
• Acquisition and disposal of open space must be consistent with the open space plan
• Building permits, subdivision maps and zoning must be consistent with the plan
• Open-space zoning pursuant to § 65910 (e.g., exclusive agriculture zones, large-lot zones, overlay zones for
hazards areas, etc.) must be consistent with the plan
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Required
Contents
The
Government Code § 65560
requires an open space element to contain detailed information about
several
categories of
undeveloped land. Specifically, the open space element must inventory the following broad categories of open space:
• Open space for natural resources
• Open space for managed production of resources
• Open space for outdoor recreation
• Open space for public health and safety
• Open space for military support
• Open space for tribal resources
The inventory should be reflected on maps, and policies must provide for conservation of such areas wherever possible (
Gov.
Code § 65562(a)
). The
General Plan Mapping Tool
is a useful tool to help communities
identify existing resources, including
natural resources, roads, buildings, and demographics, and develop open space inventories accordingly. The tool pulls data from
multiple state and federal sources, and allows supplemental data layers from local jurisdictions. The tool allows mapping of
known resources, assets, and needs of the community. The local open space plan, together with state and regional plans, must
form a comprehensive open space plan (
Gov. Code § 65562(b)
). Every
city and county must prepare, and submit to the Secretary
of Natural Resources, an open space plan for comprehensive and long-term preservation of open spaces (
Gov. Code § 66563
).
The plan must include an
action program
with specific programs to implement the plan(
Gov. Code § 65564
). These specific
requirements are described in greater detail below.
Inventory
Requirement Description:
The open space element must contain an inventory of specified categories of open space resources (
Save El Toro Assn. v. Days
(1977) 74 Cal.App.3d 64, 73
). The inventory must include any parcel in one of the listed categories that is: (1) “essentially
unimproved” and (2) designated on any local, regional or state open-space plan (
Gov. Code § 65560(b)(1)
). Note that a
particular parcel need not be completely vacant to be included in the inventory. Also, categories of open space are defined in very
broad terms in the statute. Thus, designations in local, regional and state plans need not actually use the words “open space” in
order to be included in the inventory. In general, a plan should err on the side of inclusion.
Examples of regional and state plans that could include open
space designations include, among others:
Sustainable Communities Strategies and alternative planning strategies adopted by metropolitan planning
organizations in regional transportation plans
Habitat Conservation Plans (HCPs) and Natural Community Conservation Plans (NCCPs)
Regional greenprints