HomeMy WebLinkAbout18 - Discussion of Existing General PlanPORE
CITY OF NEWPORT BEACH
Hearing Date:
March 28, 2000
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COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
18
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PLANNING DEPARTMENT
Staff Person:
Patricia L. Temple
°,�,,.oae•�
3300 NEWPORT BOULEVARD
644 -3228
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: General Plan Update— Discussion of Existing General Plan
ACTION: Receive and file report, and direct staff on the next steps in a General Plan
update process.
Background
On January 25, 2000, the City Council held a joint study session with the Planning Commission.
While the discussion was originally intended to focus on the current projects of the Planning
Commission, including the Newport Center comprehensive plan, the discussion quickly turned to a
comprehensive General Plan update. At the conclusion of the discussion, staff was asked to return
with information on approaches to a General Plan update, and the costs involved for such a
program.
At the last City Council meeting on March 14`x, the City Council received a presentation on
community surveys, General Plan visioning processes, and community outreach methods from
Carolyn Verheyen of MIG, Inc, a consulting firm with expertise in these areas. After Council
discussion, staff was directed to return with a report on the status of the existing General Plan.
Discussion
The Newport Beach General Plan is comprised of eight separate elements. Seven of these are
mandated by State planning law (Land Use, Circulation, Housing, Conservation, Open Space,
Noise, and Safety). One, the Growth Management Element, is required only in Orange County as a
result of Measure M. Each element is discussed individually below, and includes the date adopted
or updated, an assessment of its compliance with the requirements of State Planning law, comments
on the strengths and weaknesses of the element, and ideas on what interests of the City could be
served by reviewing and updating the element
Land Use Element
The Land Use Element was last comprehensively updated in 1988, and was last amended in 1999.
It generally complies with the requirements of State Planning Law, which requires that the plan
include the general distribution, general location, and extent of land for housing, business, industry,
open space and other categories of private and public land uses. It is also required to include
standards for population density and building intensity for the various districts covered by the plan.
The City's Land Use Element accomplishes these requirements through the combination of the
Land Use Plan map (which depicts the distribution and location of various land uses) and the
density (for residential uses) and intensity (for non - residential uses) limits contained in the text of
the element. Densities are established through either dwelling unit limits or minimum land
requirement per dwelling unit. Intensities are established through either square footage limits or
through floor area ratios. The manner in which the density and intensity limitations have
established in the Land Use Element and implemented in the Zoning Code results in the specific
allocation of development rights on a parcel by parcel basis.
State Planning Law also requires the Land Use Element to identify areas subject to flooding and
requires a review annually with respect to those areas. The City's Land Use Element does not
include flood information. That mapping is contained in the Public Safety Element. Additionally,
we rely on flood zone mapping provided to us by the Federal Emergency Management Agency
(FEMA), which updates flood hazard areas on a regular basis. While the City's Land Use Element
does not strictly comply with these provisions, the General Plan does, and the City has policies and
practices which meet the spirit and intent of these requirements.
Strengths: The primary strength of the Land Use Element is its specificity. There is little ambiguity
as to what land uses are allowed and what the permitted development is on any parcel in the City.
This provides property owners and the community a clear understanding of what is permitted by the
plan.
Weaknesses: The specificity of the Land Use Element can also be considered a weakness. It is not
"general," but in many ways is more specific than the Zoning Code. This could be considered a
problem because the element is often amended, which diminishes the policy stature of the plan.
Additionally, while there are some broad policies contained within the plan, there is neither an
overall vision for the future of the City articulated, nor any land use or urban form goals set forth
for the various commercial and residential areas of the City.
Other weaknesses of the Land Use Element include:
• Lacks policy guidance related to the use of the Bay (although this could be resolved if the
Council adopts the Harbor Element),
• Addresses the City's role as a visitor destination only in the context of protecting and preserving
residential areas from the negative impacts from visitors. Provides no goals or policies aimed at
reasonably managing or improving the quality of the visitors who inevitably will come here,
and managing their impact on local residents and resources.
Potential Areas of Change: Certainly, the update of the Land Use Element could provide an
opportunity to address the weaknesses previously identified. Some ideas to address these issues are:
• Development of performance criteria for the purpose of defining allowable development.
Page 2
Address development allocations by areas rather than by parcel.
Develop goals or desired development patterns for the individual and unique commercial
districts.
Develop policies addressing quality standards in new development, including architecture,
neighborhood compatibility, landscaping, and quality of construction.
Circulation Element
The Circulation Element was last comprehensively updated in 1988, and was last amended in 1999.
It complies with the requirements of State Planning Law, which requires the element to contain the
general location and extent of existing and proposed major thoroughfares, transportation routes,
terminals, and other public utilities, all correlated with the Land Use Element. The City's
Circulation Element accomplishes these requirements through a combination of the Master Plan of
Streets and Highways (map) and the text which sets forth the highway classification system and the
bike trails plan. The element also include detailed analysis of road and intersection capacity at
build -out of the development allowed by the Land Use Element, and provides information showing
how the roadway system accommodates the traffic which will result from future development.
Additionally, the element includes future road and intersection improvement requirements, and
discusses how those improvements will be funded.
Strengths: Once again, the primary strength of the Circulation Element is the detailed information
on roadway function it provides. It also defines road improvement requirements in a way which has
made it easy to prioritize completion of the improvements though the Capital Improvement
Program, as well as regional cooperative projects.
Weaknesses: The Circulation Element contains no discussion of what constitutes an adequate level
of circulation system function. While it does set a goal of Level of Service "D" for intersections, it
does not provide clear guidance for the overall function of the system, and provides no policies to
guide decision makers in balancing roadway service goals with other goals of the General Plan.
Finally, it does not look at other issues related to transportation, such as the movement of goods, the
role of transit, the role of regional infrastructure (such as rail), and the opportunities related to
Transportation System Management (smart streets, signal coordination, etc.) or Transportation
Demand Management (tele- commuting, carpooling, flex time, etc.).
Potential Areas of Change: A decision to embark on a comprehensive update of the Circulation
Element would allow the City to address some of the weaknesses described above. One concept
that staff has discussed to a limited extent is to reorient the approach from one of traffic circulation
to mobility. Mobility plans have been the planning programs of larger cities, counties, and regional
planning agencies, such as SCAG. The City would still be required to include the technical
information to satisfy the requirements for Circulation Elements, but shifting to a mobility
approach could provide the framework for the City to develop policies and strategies to facilitate
the overall movement of people and goods in, around and through the City as the region continues
to grow.
Page 3
The City could also reconsider some of the concepts developed for the Circulation Element
amendments proposed in 1997, such as the grouping of intersections for the purpose of assessing
circulation system function, the establishment of 5 and 10 year roadway improvement programs
designed to maintain desired levels of service, and consideration of different levels of service for
various parts of the City.
Housine Element
The most detailed and specific requirements contained in State Planning Law apply to the Housing
Element. Since the mid 1980's, the City has placed a very high priority on having a certified
Housing Element. The current element is certified and meets all requirements of State law. The
Housing Element is the only one required to be updated on a regular basis. The next regular update
is scheduled for this year, and City staff is already in the process of preparing required changes. For
these reasons, staff recommends that the Housing Element be kept on an independent track, and not
be tied to a General Plan update program.
Conservation of Natural Resources Element
The Conservation of Natural Resources Element was adopted in 1974, and has never been amended
or updated. The element generally complies with the minimum requirements of State Planning
Law, as it has provisions related to most of the mandatory requirements applicable to Newport
Beach, which include water, soils, rivers, harbors, fisheries, wildlife, minerals and other natural
resources (it has no discussion of the role of upper Newport Bay as a fishery). However, due to the
age of the element, it does not discuss or incorporate requirements and programs which have been
established subsequent to its adoption, such as the 208 planning process (regarding upper Newport
Bay), NPDES (National Pollution Discharge Elimination System) requirements, or the other
planning efforts which have occurred to address issues within the Newport Bay watershed.
Weaknesses: This is not a strong element, and its weaknesses are that it has not been kept up to
date with other current programs, and has been ignored as a part of the City's planning and policy
program.
Potential Areas of Change: This element may be one of the more interesting for the City Council
to consider as part of a General Plan update program, because it could be an important part of the
City's policy framework in the future. The City has a number of issues and goals for which the
Conservation Element could be an appropriate platform and an essential element to the City's
planning program. These include many of the water quality/watershed issues upon which the City
continues to deal with other municipalities and agencies in the County, as well as issues such as tide
pool preservation, and sand conservation and replacement on ocean and bay beaches.
A coordinated statement of City policy in these areas would have many advantages. The policies
would be all in one place and adopted by City Council resolution, giving them greater stature.
There would be clear procedures and public review when changes are considered. Finally, there
would be clear City policy with which private development must be consistent, providing the City
the opportunity to require conservation efforts as part of development projects.
Page 4
Recreation and Open Space Element
The City's Recreation and Open Space Element was adopted in 1973, comprehensively updated in
1985, and again in 1998. The element complies with the Open Space Element guidelines in State
planning law, which only contain broad State policy statements on the value of open spaces for
future population increases. Our Recreation and Open Space Element addresses both the City's
open space which is environmentally sensitive in nature, as well as open space which supports the
recreational needs of the community.
Strengths: The Recreation and Open Element is the most recently updated element of the General
Plan. It is one of our strongest elements, as it provides a good program to achieve open space and
recreation goals in light of our largely built -out status. Staff is of the opinion that this element does
not need an update at this time.
Noise
The Noise Element was adopted in 1974, and comprehensively updated in 1994. The element
complies with the Noise Element guidelines in State planning law, which sets forth detailed
information and policy requirements. The element achieves compliance by including a detailed
assessment of noise sources, sensitive noise receptors, and community noise contours. It also
includes detailed policies on traffic, airport and various forms of nuisance noise, and sets forth
acoustical design requirements for new development.
Strengths, Weaknesses, and Potential Areas of Change: The Noise Element was updated fairly
recently, and is not in need of substantial changes at this time. However, there have been some
issues related to the measurement standards established by it and the City's Community Noise
Ordinance as they relate to certain forms of nuisance noise (voices, music, etc.). Some adjustment
in this area would not be a large effort, and could be accomplish as part of a General Plan update
program, or as a separate project at a later time.
Public Safety
The Public Safety Element was adopted in 1975, and has never been amended or updated. The
element complies with most, but not all provisions of the Safety Element guidelines in State
planning law. This is because the guidelines for the Safety Element have been amended a number
of times over the years, and the City has not kept the element current with the changed
requirements.
Weaknesses: The specific areas where the element does not meet State requirements are wildland
and urban fire, peakload water supply requirements, and minimum road widths and clearances
around structures, as those items relate to fire and geologic hazards. Additionally, while the element
does include the required mapping of soil conditions and geologic hazards, the information is based
on technical reports prepared in 1974, which may not meet current standards for such reports.
Page 5
The City does have programs and policies through the City Departments which address the issues
not covered in the Public Safety Element. The City also requires soils and geologic reports for new
development. Because of these facts, staff is of the opinion that no significant planning or policy
improvements would result from an update of the Public Safety Element. Additionally, updating
the element would require completion of new City -wide soils and geologic reports. While these
could draw significantly from recently prepared project reports, a comprehensive report could be
costly to prepare.
There are two things the City Council may wish to consider in determining whether to include the
Public Safety Element in a General Plan update. First, the City could be vulnerable to possible
litigation on the adequacy of the General Plan. Second, the City should have a General Plan which
meets State requirements. If the City does not include it in a comprehensive update program, it may
never be done.
Growth Mana eg ment
As noted previously, the Growth Management Element is not a State requirement, but is a
requirement of Measure M. The purpose of the Growth Management Element is to insure that
growth and development be based on a City's ability to provide an adequate circulation system.
The City's Growth Management Element achieves this requirement by setting forth in one place the
various tools the City uses to phase transportation improvements with new development.
Strengths: The City has always been proactive in achieving the goals of the Growth Management
Element mandate. Over the years, programs such as the Capital Improvement Program and
participation in GMA(Growth Management Association)/Inter- Jurisdictional Planning Forums,
combined with the Traffic Phasing and Fair Share Ordinances have enabled the City to remain in a
leading position in this area.
Areas of Potential Change: To the extent that growth management features are included in the
Land Use and Circulation Elements, changes to this element may also be required.
Submitted by:
SHARONZ. WOOD
Assistant City Manager
Attachment:
Prepared by:
PATRICIA L. TEMPLE
Planning Director
P�il,i lA a o� .�ik�C
Excerpts of General Plan requirements from State planning law
Page 6
THE PLANNING AND ZONING LAW
Internal consistency 65300.5. In construing the provisions of this article. the Legislature intends that the general plan and elements and parts
23 • 1996 Planning, Zoning, and Development Laws
thereof comprise an integrated. internally consistent and compatible statement of policies for the adopting agency.
(Added by Slats. 1975, CIL 1104.)
Local
65300.7. The Legislature finds that the diversity of the state's communities and their residents requires planning agencies
implementation
and legislative bodies to implement this article in ways that accommodate local conditions and circumstances. while
meeting its minimum requirements.
(Added by Slats. 1980, Ch. 837)
Balance of local
65300.9. The Legislature recognizes that the capacity of California cities and counties to respond to state planning laws
simationlcompliance
varies due to the legal differences between cities and counties. both charter and general law, and to differences among
with state and
them in physical size and characteristics. population size and density. fiscal and administrative capabilities. land use and
federal laws
development issues. and human needs. It is the intent of the Legislature in enacting this chapter to provide an opportunity
for each city and county to coordinate its local budget planning and local planning for federal and state program activities.
such as community development, with the local land use planning process. recognizing that each city and county is
required to establish its own appropriate balance in the context of the local situation when allocating resources to meet
these purposes.
j (Added by Slats. 1984, Ch. 1009.)
Adoption and format
45301. (a) The general plan shall be so prepared that all or individual elements of it may be adopted by the legislative body.
and so that it may be adopted by the legislative body for all or part of the territory of the county or city and such other
territory outside its boundaries which in its judgment bears relation to its planning. The general plan may be adopted in
any format deemed appropriate or convenient by the legislative body, including the combining of elements. The
legislative body may adopt all or part of a plan of another public agency in satisfaction of all or part of the requirements
of Section 65302 if the plan of the other public agency is sufficiently detailed and its contents are appropriate. as
determined by the legislative body. for the adopting city or county.
(b) The general plan may be adopted as a single document or as a group of documents relating to subjects orgeographic
segments of the planning area.
Reflecting local
(c) The general plan shall address each of the elements scecif ed in Section, 55102 to the extent ;hat the subject of the
conditions
element exists in the planning area. The degree of specificity and level of detail of the discussion of each such element
shall reflect local conditions and circumstances. However, this section shall not affect the requirements of subdivision
(c) of Section 65302_, nor be construed to expand or limit the authority of the Department of Housing and Community
Development to review housing elements pursuant to Section 50,459 of the Health and Safety code. The requirements
of :his section shall apply to charter cities.
(Amended by Slats. 1984. Cit. 1009. Amended by Slats. 1985, Ch. 67.)
Judicial standard of
65301.5. The adoption of the general plan or any part or element thereof or the adoption of any amendment to such plat:
review
or any part or element thereof is a legislative act which shall be reviewable pursuant to Section 1085 of the Code of Civil
Procedure.
(Added by Slats. 1980. Ch. 837.)
Seven mandated
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and
elements
text setting forth objectives. principles. standards. and plan proposals. The plan shall include the following elements:
(a) A land use element which designates the proposed general distribution and general location and extent of the uses
Land use
of the land for housing. business. industry. open space. including agriculture. natural resources. recreation. and
enjoyment of scenic beauty, education. public buildings and grounds. solid and liquid waste disposal facilities. and other
categories of public and private uses of land. The land use element shall include a statement of the standards of population
density and building intensity recommended for the various districts and other territory covered by the plan. The land
use element shall identify areas covered by the plan which are subject to flooding and shall be reviewed annually with
respect to those areas. The land use element shall designate. in a land use category that provides for timber production.
those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act
of 1982. Chapter 6.7 (commencing with Section 51100) of Part I of Division I of Title 5.
Circulation
(b) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares.
transportation routes. terminals. and other local public utilities and facilities. all correlated with the land use element of
the plan.
Housing
(c) A housing element as provided in Article 10.6 (commencing with Section 65580).
(d) A conservation element for the conservation, development. and utilization of natural resources including water and
Conservation
its hydraulic force. forests. soils. rivers and other waters. harbors. fisheries. wildlife. minerals. and other natural
resources. That portion of the conservation element including waters shall be developed in coordination with any
countywide water agency and with all district and city agencies which have developed, served. controlled or conserved
water for any purpose for the county or city for which the plan is prepared. Coordination shall include the discussion
and evaluation of any water supply and demand information described in Section 65352.5, if that information has
been submitted by the water agency to the city or county. The conservation element may also cover:
(1) The reclamation of land and waters.
(2) Prevention and control of the pollution of streams and other waters.
(3) Regulation of the use of land in stream channels and other areas required forthe accomplishmentof the conservatio,
plan.
23 • 1996 Planning, Zoning, and Development Laws
THE PLANNING AND ZONING LAW
(4) Prevention. control. and correction of the erosion of soils. beaches. and shores.
(5) Protection of watersheds.
(6) The location. quantity and quality of the rock, sand and gravel resources.
(7) Flood control.
The conservation element shall be prepared and adopted no later than December 31. 1973.
(e) An open -space element as provided in Article 10.5 (commencing with Section 65560).
Open -space
(f) A noise element which shall identify and appraise noise problems in the community. The noise element shall
recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall
Noise
analyze and quantify. to the extent practicable. as determined by the legislative body. current and projected noise levels
for all of the following sources:
(1) Highways and freeways.
(2) Primary arterials and major local streets.
(3) Passenger and freight on -line railroad operations and ground rapid transit systems.
(4) Commercial. general aviation. heliport, helistop. and military airport operations. aircraft overflights.jet engine test
stands. and all other ground facilities and maintenance functions related to airport operation.
(5) Local industrial plants. including. but not limited to. railroad classification yards.
(6) Other ground stationary noise sources identified by local agencies as contributing to the community noise
environment.
Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL)
or day -night average level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following
generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6). inclusive.
The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes
the exposure of community residents to excessive noise.
The noise elementshall include implementation measures and possible solutions that address existingand foreseeable
noise problems. if any. The adopted noise element shall serve as a guideline for compliance with the state's not
insulation standards.
(g) A safety element for the protection of the community from any unreasonable risks associated with the effects of
Safety
seismically induced surface rupture. ground shaking. ground failure. tsunami. seiche. and dam failure: slope instability
leading to mudslides and landslides: subsidence. liquefaction and other seismic hazards identified pursuant to Chapter
7.8 (commencing with Section 2690) of the Public Resources Code. and other geologic hazards known to the legislative
body: Flooding: and wildland and urban fires. The safety element shall include mapping of known seismic and other
geologic hazards. It shall also address evacuation routes. peakload water supply requirements. and minimum road widths
and clearances around structures. as those items relate to identified fire and geologic hazards. Prior to the periodic review
of its general plan and prior to preparing or revising its safety element. each city and county shall consult the Division
of Mines and Geology of the Department of Conservation and the Office of Emergency Services for the purpose of
including information known by and available to the department and the office required by this subdivision.
To the extent that a county's safety element is sufficiently detailed and contains appropriate policies and programs for
adoption by a city. a city may adopt that portion of the county's safety element that pertains to the city's planning area
in satisfaction of the requirement imposed by this subdivision.
At least 45 days prior to adoption or amendment of the safety element. each county and city shall submit to the Division
of Mines and Geology of the Department of Conservation one copy of a draft of the safety element or amendment and
any technical studies used for developing the safety element. The division may review drafts submitted to it to determine
whether they incorporate known seismic and other geologic hazard information. and report its findings to the planning
agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The
legislative body shall consider the division's findings prior to final adoption of the safety element or amendment unless
the division's findings are not available within the above prescribed time limits or unless the division has indicated to the
city or county that the division will not review the safety element. If the division's findings are not available within those
prescribed time limits, the legislative body may take the division's findings into consideration at the time it considers
future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety
element or amendments. The division may review adopted safety elements or amendments and report its findings. All
findings made by the division shall be advisory to the planning agency and legislative body.
(Added by Slats. 1980. Ch. 837: Amended by Slats. 1982. Ch. 1263. Effective September 22. 1982: Amended by Slats.
1984, Ch. 1009: Amended by Slats. 1985. Ch. 1199: Amended by Slats. 1985. Ch. 114. Effective June 28, 1985:
Amended by Slats. 1989. Ch. 1255: Amended by Stars. 1992 Ch. 823: Amended by Slats. 1995. Ch. 881.)
(Section 65302.1 repealed by Stars. 1980. Ch. 837)
('Section 65302.2 repealed by Slats. 1984. Ch. 1009.)
65302.2. Upon the adoption, or revision, of a city or county's general plan, on or after January 1, 1996, the city or
county shall utilize as a source document any urban water management plan submitted to the city or county by
a water agency.
(Added by Stars. 1995. Ch. 881.)
Consistency with
653023. (a) The general plan. and any applicable specific plan prepared pursuant to Article 8 (commencing with Section
airport land use
65450). shall be consistent with the plan adopted or amended pursuant to Section 21675 of the Public Utilities Code.
plans
b
1996 Planning, Zoning, and Development Laws • y9
THE PLANNING AND ZONING LAW
65460.6. An agency responsible for the preparation and adoption of the congestion management program may exclude
district impacts from the determination of conformance with level of service standards pursuant to subdivision (c) of
Section 65089.3.
(AddedbyStats. 1994, Ch 780.)
65460.7. (a) A transit village plan shall be prepared, adopted, and amended in the same manner as a general plan.
(b) A transit village plan may be repealed in the same manner as it is required to be amended.
(Added by Stars. 1994, Ch 780.)
65460.8. No transit village plan may be adopted or amended unless the proposed plan or amendment is consistent with the Consistency
general plan.
(Added by Stats. 1994, Ch. 780.)
65460.9. No local public works project maybe approved, no tentative map or parcel map for which a tentative map was not
required maybe approved, and no zoning ordinance maybe adopted oramended within an areacovered by atransit village
plan unless it is consistent with the adopted transit village plan.
(Added byStart. 1994, Ch 780.)
65460.10. A city, county, or city and county may require a developer to enter into a development agreement pursuant to
Article 2.5 (commencing with Section 65864) of Chapter 4 to implement a density bonus specified in the transit village
plan pursuant to subdivision (g) of Section 65460.2.
(AddedbyStats. 1994, Ch 780.)
(Article 9. (commencing with Section 65500) repeated by Stars. 1984, Ch 1009.)
(Article 10. (commencing with Section 655001 repealed by Stats. 1984, Ch 1009.)
Article 10.5. Open-Space Lands
65560. (a) "Local open -space plan' is the open -space element of a county or city general plan adopted by the board or Definitions
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 areaof land or water which is essentially unimproved and devoted to an open -
space use as defined in this section, and which is designated on a local, regional or state open -space plan as any of the
following:
(1) Open space forthe preservation of naturai resources incuding, out 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
ground waterbasins; 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.
(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 which serve m 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 which 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.
(Repealed and added by Stats. 1972, Ch. 251. Effective June 30, 1972.)
65561. The Legislature Finds and declares as follows: Policy
(a) That the preservation of open -space land, as defined in this article, 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 non - contiguous development patterns which
unnecessarily increase the costs of community services to community residents.
(c) That the anticipated increase in the population of the state demands that cities, counties, and the state at the earliest
possible date make definite plans for the preservation of valuable open -space land and take positive
action to carry out such plans by the adoption and strict administration of laws, ordinances, rules and regulations as
authorized by this chapter or by other appropriate methods.
(d) That in order to assure that the interests of all its people are met in the orderly growth and development of the state
and the preservation and conservation of its resources, it is necessary to provide for the development by the state, regional
agencies, counties and cities, including chartercities, of statewide coordinated plans for the conservation and preservation
of open -space lands.
Q
1996 Planning, Zoning, and Development Laws • X
THE PLANNING AND ZONING LAW
(e) That for these reasons this article is necessary for the promotion of the general welfare and for the protection of
40 • 1996 Planning, Zoning, and Development Laws ) 0
the public interest in open -space land.
(Added by Stars. 1970, Ch. 1590.)
Intent
65562. It is the intent of the Legislature in enacting this article:
(a) To assure that cities and counties recognize that open -space land is a limited and valuable resource which must be
conserved wherever possible.
(b)To assure that every city andcounty will prepare and carry out open -space plans which, along with state and regional
open -space plans, will accomplish the objectives of a comprehensive open -space program.
(Added by Stars. 1970, Ch. 1590.)
Deadlines for
65563. On or before December 31, 1973, every city and county shall prepare, adopt and submit to the Secretary of the
adoption and
Resources Agency a local open -space plan for the comprehensive and long-range preservation and conservationof open-
submission ofplans
space land within its jurisdiction. Every city and county shall by August 31, 1972, prepare, adopt and submit to the
Secretary of the Resources Agency, an interim open -space plan, which shall be in effect until December 31, 1973,
containing, but not limited to, the following:
(a) The officially adopted goals and policies which will guide the preparation and implementation of the open -space
plan; and
(b) A program for orderly completion and adoption of the open -space plan by December 31, 1973, including a
description of the methods by which open -space resources will be inventoried and conservation measures determined.
(Amended by Stars. 1973, Ch. 120. Effective June 29, 1973.)
Implementation
65564. Every local open -space plan shall contain an action program consisting of specific programs which the legislative
body intends to pursue in implementing its open -space plan.
Consistency of
(Added by Stars. 1970, Ch. 1590.)
acquisitions,
65566. Any action by a county or city by which open -space land or any interest therein is acquired or disposed of or its use
disposal and
restricted or regulated, whether or not pursuant to this part, must be consistent with the local open -space plan.
reVilarion
(Added by Stars. 19170, Ch. 1590.)
65567. No building permit may be issued, no subdivision map approved, and no open -space zoning ordinance adopted,
Consistency of
unless the proposed construction, subdivision or ordinance is consistent with the local open -space plan.
buildingpermits,
(Added by Stars. )970, Ch. 1590.)
subdivision maps,
65568. If any provision of this article or the application thereof to any person is held invalid, the remainder of the article
zoning
and the application of such provision to other persons shall not be affected thereby.
(Added by Stars. 1970, Ch. 1590.)
65570.(a)The Direct or of Conservation may establish, afternotice and hearing, rules and regulations, and require reports
from local officials and may employ, borrow, or contract for such staff or other forms of assistance as are reasonably
necessary to carry out this section, Chapter 3 (commencing with Section 16140) of Pan 1 of Division 4 of Title 2, and
Section 612 of the Public Resources Code. In carrying out his or her duties under those sections, it is the intention of the
Legislature that the director shall consult with the Director of Food and Agriculture and the Director of Planning and
Research.
Agricultural land
(b) Commencing July 1, 1986, and continuing biennially thereafter, the Department of Conservation shall collect or
inventory
acquire information on the amount of land converted to or from agricultural use using 1984 baseline information as
updated pursuant to this section for every county for which Important Farmland Series maps exist. On or before June 30,
1988, and continuing biennially thereafter, the department shall repon to the Legislature on the data collected pursuant
to this section. In reporting, the department shall specify, by category of agricultural land, the amount of land converted
to, or from, agricultural use, by county and on a statewide basis. The department shall also report on the nonagricultural
uses to which these agricultural lands were convened or committed.
For the purposes of this section, the following definitions apply unless otherwise specified:
(1) "Important Farmland Series maps" means those maps compiled by the United States Soil Conservation Service
and updated and modified by the Department of Conservation.
(2) "Interim Farmland maps" means those maps prepared by the Department of Conservation for areas that do not have
the current soil survey information needed to compile Important Farmland Series maps. The Interim Farmland maps shall
indicate areas of irrigated agriculture, dry- farmed agriculture, grazing lands, urban and built -up lands, and any areas
committed to urban or other nonagricultural uses.
(3) "Category of agricultural land' means prime farmland, farmland of statewide importance, unique farmland, and
farmland of local importance, as defined pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and grazing land. "Grazing land' means land on which the existing
vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock.
(4) "Amount of land convened to agricultural use' means those lands which were brought into agricultural use or
reestablished in agricultural use and were not shown as agricultural land on Important Farmland Series maps maintained
by the Department of Conservation in the most recent biennial report.
(5) "Amount of land converted from agricultural use" means those lands which were permanently converted or
committed to urban or other nonagricultural uses and were shown as agricultural land on Important Farmland Series maps
maintained by the Department of Conservation and in the most recent biennial report.
(c) Beginning August 1, 1986, and continuing biennially thereafter, the Department of Conservation shall update and
40 • 1996 Planning, Zoning, and Development Laws ) 0
THE PLANNING AND ZONING LAW
send counties copies of important Farmland Series maps. Counties may review the maps and notify the department within
90 days of any changes in agricultural land pursuant to subdivision (b) that occurred during the previous fiscal year. and
note and request correction of any discrepancies or errors in the classification of agricultural lands on the maps. The
department shall make those corrections requested by counties. The department shall provide staff assistance. as
available. to collector acquire information on the amount of land converted to, or from, agricultural use for those counties
for which Important Farmland Series maps exist.
(d) The Department of Conservation may also acquire any supplemental information which becomes available from
new soil surveys and establish comparable baseline data for counties not included in the 1984 baseline. and shall report
on the data pursuant to this section. The Department of Conservation may prepare Interim Farmland maps to supplement
the important Farmland Series maps.
(e) The Legislature finds that the purpose of the important Farmland Series map and the Interim Farmland maps is not
to consider the economic viability of agricultural lands or their current designation in the general plan. The purpose of
the maps is limited to the preparationof an inventory of agricultural lands. as defined in this chapter. as well as land already
committed to future urban or other nonagricultural purposes.
(Amended by Stars. 1983. Ch. 924; Amended by Stars. 1985, Ch. 1342; Amended by Stats. -1986. Ch 1053.)
Article 10.6. Housing Elements
65580. The Legislature finds and declares as follows:
(a)Thc avaiiabilityof housingisof vital statewide importance. and theearly attainment of decent housing andasuitable
Policy
living environment for every California family is a priority of the highest order.
(b) The early attainment of this goal requires the cooperative participation of government and the private sector in an
effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.
(c)The provision of housing affordable to low -and moderate - income households requires the cooperation of all levels
of government.
(d) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement
and development of housing to make adequate provision for the housing needs of all economic segments of the
corru,,;:y.
(e)The Legislature recognizes that in carrying out this responsibility. each local government also has the responsibility
to considereconomic. environmental. and fiscal factors and community goals set forth in the general plan and tocooperate
with other local governments and the state in addressing regional housing needs.
(AddedbyStats. 1980, CIL 1143.)
65581. It is the intent of the Legislature in enacting this article:
Intent
(a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state
housing goal.
(b) To assure that counties and cities will prepare and implement housing elements which. along with federal and state
programs. will move toward attainment of the state housing goal.
(c) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the
attainmentof the state housing goal. provided such a determination is compatible with the state housing goal and regional
housing needs.
(d) To ensure that each local government cooperates with other local governments in order to address regional housing
needs.
(Added by Stars. 1980. Ch. 1143.)
65582. As used in this article:
Definitions
(a) "Community: "locality: "'local government:' or "jurisdiction** means a city. city and county. or county.
(b) "Council of governments" means a single or multicounty, council created by a joint powers agreement pursuant to
Chapter 5 (commencing with Section 6500) of Division I of Title 1.
(c) "Department' means the Department of Housing and Community Development.
(d) "Housing element' or "element*' means the housing element of the community's general plan. as required pursuant
to this article and subdivision (c) of Section 65302.
(e) "Low -and moderate - income households" means persons and families of low or moderate incomes as defined by
Section 50093 of the Health and Safety Code.
(Added by Stars. 1980, Ch. 1143; Amended by Stars. 1989, Ch. 1140; Amended by Stars. 1990, Ch 1441.)
65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a
Housing element
statement of goals. policies. quantified objectives. Financial resources. and scheduled programs for the preservation.
content
improvement. and development of housing. The housing element shall identify adequate sites for housing. including
rental housing. factory-built housing. and mobilehomes. and shall make adequate provision for the existing and projected
needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessmentof housing needs and an inventory of resources and constraints relevant tothe meeting of these needs.
The assessment and inventory shall include the following:
(1) An analysis of population and employment trends and documentation of projections and a quantification of the
locality's existing and projected housing needs for all income levels. These existing and projected needs shall include
1996 Planning, Zoning, and Development Laws • Al