Chapter III

THE REQUIRED ELEMENTS

OF THE GENERAL PLAN


Government Code Section 65302 lists seven elements cities and counties must include in their general plans:

land use, circulation, housing, conservation, open space, noise, and safety.

This chapter reviews those requirements, with notes

on their origin, purpose, and scope. Key To Abbreviations In Chapter 3

The following symbols are used in this chapter to identify elements which might also address a particular issue.

(LU) - Land Use

(CI) - Circulation

(H) - Housing

(CO) - Conservation

(OS) - Open Space

(N) - Noise

(S) - Safety

(Map) or (diagram) indicates information that can be shown on

a map or diagram.


INTRODUCTION

Government Code Section 65300 requires every city and county to draw up and adopt "a comprehensive, longterm general plan for the physical development" of the community. At a minimum such a plan must cover specied provisions addressed by each of the seven elements listed in California Government Code Section 65302. The purpose of this chapter is to discuss in detail the contents of each of these seven elements. This chapter examines pertinent California Code sections as well as court and Attorney General interpretations. For each element relevant issues are identied and ideas for data and analysis and for development policies are listed.

There is a danger in amending general plans on a piecemeal basis and any local jurisdiction which does so should be wary. Elementbyelement revisions over a number of years can easily lead to general plans that are internally inconsistent. A city or county that uses this chapter to revise one general plan element at a time should rigorously examine its other elements (including optional ones) and make any necessary changes to avoid internal inconsistencies. To facilitate such scrutiny, the ideas for data and analysis and development policies listed in this chapter cross reference other potentially affected elements. In addition, this chapter begins with a discussion of the relationships among elements and issues to emphasize the importance of considering each element as an integrated part of the entire general plan.

A local government proposing a multielement revision to its general plan may wish to consolidate two or more of the elements. Consolidation reduces or eliminates the redundan cies that are inherent in a general plan that is revised elementbyelement. Chapter I contains a discussion of consolidation, including an example of how mandatory general plan issues might be arranged in a consolidated format.

Regardless of the format, a general plan " . . . shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards and plan proposals" (Government Code Section 65302). These various forms of development policies along with the term, "diagram," are dened in Chapter I. It might be helpful to look over these denitions again before reading further into this chapter.

RELATIONSHIPS AMONG ELEMENTS AND ISSUES

While state planning law divides a general plan's required contents into seven distinct elements, this division is more a product of the incremental nature of the legislative process than of conscious design. The division of the general plan provisions into elements tends to mask the statutory and functional interrelationships among the elements and issues to be addressed in the general plan. Land Use Element Content

Mineral Resources

Statutorily, the requirements for the elements overlap and intertwine. For instance, geologic hazards are mentioned specically in the safety element and also appear under "open space for public health and safety" in the openspace element. Open space, in turn, is mentioned as one of the categories to be addressed in the land use element. Similarly, natural resources are to be addressed in the openspace and conservation elements as well as in the land use element. The noise element is directly tied to both the land use and the circulation elements.

The issues to be addressed in the general plan also interrelate functionally. The consideration of re hazards in wild land areas involves the analysis of vegetation, topography, weather, availability of water, density of development, adequacy of road systems and re protection services. As another example, housing considerations are directly linked to questions of land availability, the adequacy of public services, seismic, geologic, and re hazards, and noise.

Such structural and functional interrelations point out the problems of treating issues in isolation and the need to think of the general plan as an integrated whole. For these reasons and because of local topographic, geologic, climatologic, political, socioeconomic, eco nomic, cultural, and historical diversities, cities and counties should design their general plan formats to suit local needs. Chapter I offers an example of an element consolidation format that takes account of the statutory and functional interrelationships among the general plan elements and issues.

LAND USE ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(a): [The general plan shall include] a land use element which designates the proposed general distribution and general location and extent of the uses 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 ooding 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 1 of Division 1 of Title 5.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

Public Resources Code Section 2762(a): Within 12 months of receiving the mineral information described in section 2671, and also within 12 months of the designation of an area of statewide or regional signicance within its jurisdiction, every lead agency shall, in accordance with state policy, establish mineral resource management policies to be incorpo rated in its general plan . . . .

Public Resources Code Section 2764(a): Upon the request of an operator or other interested person and payment by the requesting person of the estimated cost of processing the request, the lead agency . . . shall amend its general plan, or prepare a new specic plan or amend any applicable specic plan, that shall, with respect to the continuation of the existing surface mining operation for which the request is made, plan for future land uses in the vicinity of . . . the surface mining operation in light of the importance of the minerals to their market region as a whole . . . .

BACKGROUND

The land use element has the broadest scope of the seven mandatory elements. In theory, it plays the central role of correlating all land use issues into a set of coherent development policies. Its goals, objectives, policies, and programs relate directly to the other elements. In practice, it is the most visible and often used element in the local general plan. Although all general plan elements carry equal weight (Sierra Club v. Board of Supervisors (1981) 126 Cal.App.3d 875), the land use element is often perceived as being most representative of "the general plan."

COURT AND ATTORNEY GENERAL INTERPRETATIONS

Over the past decade, California courts and the State Attorney General have issued a number of opinions regarding the requirements for an adequate land use element. These interpreta tions have addressed the land use element with regard to the land use diagram, population density, building intensity, the designation of solid waste disposal sites and its relationship to the circulation and noise elements. Particular attention should be paid to the following court cases when preparing the land use element:

The Land Use Diagram

The concept of the diagram as a general guide to land use distribution rather than a parcel specic map was reiterated in the case of Las Virgenes Homeowners Association v. Los Angeles County (1986) 177 Cal.App.3d 310. There, the Court of Appeal upheld the adequacy of a county plan which contained a generalized land use map and which delegated specic land use interpretations to community plans. A discussion of diagrams as they relate to the general plan as a whole can be found in Chapter I of the Guidelines.

Population Density

Camp v. County of Mendocino (1981) 123 Cal.App.3d 334 established that a general plan must contain standards for population density. It did not however, dene such standards. The landmark case of Twain Harte Homeowners Association v. Tuolumne County (1982) 138 Cal.App.3d 664 dened population density as the "numbers of people in a given area and not the dwelling units per acre, unless the basis for correlation between the measure of dwelling units per acre and numbers of people is set forth explicitly in the plan." Quantiable standards of population density must be provided for each of the land use categories contained in the plan.

Population density can best be expressed as the relationship between two factors: the number of dwellings per acre and the number of residents per dwelling. Current estimates of the average number of persons per household are available from the Census Data Center of the State Department of Finance.

Population density standards need not be restricted solely to land use designations with residential development potential. As the court stated in Twain Harte: " . . . it would not be unreasonable to interpret the term "population density" as relating not only to residential density, but also to uses of nonresidential land categories and as requiring an analysis of use patterns for all categories.

" . . . it appears sensible to allow local governments to determine whether the statement of population standards is to be tied to residency or, more ambitiously, to the daily useage [sic] estimates for each land classication."

Building Intensity

The Camp decision also held that an adequate general plan must contain standards for building intensity. Again, the Twain Harte court has provided the most complete interpreta tion of building intensity available to date. These are its major points: intensity should be dened for each of the various land use categories in the plan; general use captions such as "neighborhood commercial" and "service industrial" are insufcient measures of intensity by themselves; and, building intensity is not synonymous with population density. Intensity will be dependent upon the local plan's context and may be based upon a combination of variables such as maximum dwelling units per acre, height and size limitations, and use restrictions. Unfortunately, the court stopped short of dening what are proper measures of building intensity.

Local general plans must contain quantiable standards of building intensity for each land use designation. These standards should dene the most intensive use that will be allowed under each designation. While the land use designation identies the type of allowable uses, the building intensity standard will dene the concentration of use.

OPR suggests that each intensity standard include these variables: (1) permitted lands uses and building types; and (2) concentration of use. Permitted uses and building types is a qualitative measure of the uses that will be allowable in each land use designation. The concentration of use can be dened by one or more quantitative measures that relate directly to the amount of physical development that will be allowed. Maximum dwelling units per acre is a good residential standard. Floor area ratio (the ratio of building oor area to the total site area) is a useful measure of commercial and industrial intensity. The dual standard of maximum lot coverage and maximum building height is suitable for agricultural, open space, and recreational designations where development is being limited. On the other hand, lot size, which has been widely used for agricultural and open space designations, is an inadequate standard of building intensity because although it regulates lot area, it does not quantify the allowable concentration of development on each lot.

Land Use Element

Solid Waste Sites

Concerned Citizens v. Calaveras County (1985) 166 Cal.App.3d 90, held that the general plan is not required to identify existing solid waste disposal sites. However, because the purpose of the land use element is to designate "the proposed general distribution and general location and extent" of land uses, the element must identify future sites.

Circulation

The Twain Harte and Concerned Citizens decisions also discussed the close relationship between the land use and circulation elements. Pursuant to the decisions of the Concerned Citizens, Twain Harte, and Camp v. Mendocino County (1981) 123 Cal.App.3d 334 courts, the general plan must reect both the anticipated level of land development (represented in the land use element) and the road system necessary to serve that level (represented in the circulation element). The road system proposed in the circulation element must be "closely, systematically, and reciprocally related to the land use element of the plan" ( Concerned Citizens, supra, at p. 100).

Noise

According to Section 65302(f), the noise element is to be used as " . . . a guide for establishing a pattern of land uses in the land use element . . . ." When the noise element is inadequate, the land use element may be invalid, as in the Camp case.

Multiple General Plan Documents

In Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 (as modified 222 Cal.App.3d 516a) the California Court of Appeal affirmed that a general plan may consist of several documents. Nevertheless, the information in associated documents, when not referenced by the general plan, may not compensate for deficiencies in the land use element.

RELEVANT ISSUES

Based upon the "shoe ts" doctrine of general plan comprehensiveness, the contents of the land use element may vary between jurisdictions. This discussion offers a general guide to the contents of the land use element. It should be noted that while the focus is on the minimum requirements for an adequate land use element, an effective general plan will exceed these minimums and devote more attention to issues of greatest community concern.

The purpose of the land use element is to designate "the proposed general distribution and general location and extent of uses of the land." The land use element, as an integral part of the general plan should be a document that is primarily concerned with the future development of the community and the planning area. In the words of the Calaveras court: "The obvious meaning of the term "proposed," is that the general plan indicate the . . . intended uses for the land rather than actual uses which may or may not be at odds with the . . . planning policy and goals."

A land use element should contain a sufcient number of land use categories to conveniently classify the various land uses identied by the plan. Land use categories should be descriptive enough to distinguish between levels of intensity and allowable uses and there should be categories reecting existing land use as well as projected development. It is not necessary that there be an equal number of land use designations and zoning classications. In many cases, there will be more than one zone which would be consistent with each designation.

The land use element should also address each of the following issues to the extent that it is relevant:

Distribution of housing, business, and industry;

Distribution of open space, including agricultural land;

Distribution of mineral resources and provisions for their continued availability;

Distribution of recreation facilities and opportunities;

Location of educational facilities;

Location of public buildings and grounds;

Location of future solid and liquid waste facilities;

Identication of areas subject to ooding; and,

Identication of existing Timberland Preserve Zone lands.

IDEAS FOR DATA AND ANALYSIS

The following are suggestions for the breadth of data and analysis that may be considered during the preparation of the land use element. These are based upon a close reading of the statutes and case law. When the information collected for the land use element overlaps that needed for other elements, the related element is noted in parenthesis.

Housing, Business, and Industry

· Inventory of existing residential, commercial, and industrial land use in the planning area. (diagram) (CI)

· Assessment of general housing needs based upon projected community growth trends. (H)

· Projections of needs for land use and space for residential, commercial, and industrial development, based upon projections of future population and economic conditions. (H)

· Categories and standards for establishing the allowable levels of residential, commercial, and industrial land use intensity. (CI)

· Population density standards for each land use category with residential potential. (CI)

· Programs for the implementation of the land use policies. (H)

Open Space

· Inventory of open space lands, including agricultural, forest, grazing, and recreational lands. (diagram) (CO, OS)

· Assessment of local open space needs based upon community goals and objectives, the existing open space/population ratio, and the anticipated population growth. (OS)

· Delineation of the boundaries of watersheds, aquifer recharge areas, oodplains, and the depth of groundwater basins (diagrams) (CO, S)

· Delineation of the boundaries and description of unique water resources (e.g., saltwater and freshwater marshes, wild rivers and streams, lakes). (CO)

· Description of the species, distribution, and population of wildlife and sh, including rare and endangered species. Normally, this will coincide with habitat inventory that includes: location and type of bodies of water; type, location and extent of plants, identied according to the State Department of Fish and Game's classication system; and, identication of key wildlife habitats including winter range and migration routes for deer, wintering and nesting grounds for water fowl and other birds, salmon spawning areas, and habitats of rare or endangered species. (diagram) (CO)

· Description of species of rare and endangered plants, their distribution, and rate of occurrence. (diagram) (CO)

Inventory of agricultural resources, including grazing land

· Identication of the location, amount and ownership patterns of land in agricultural production and suitable for agricultural production. (diagram) (OS)

· Classication of soils (including identication of prime agricultural land) in the planning area by Storie Index or Land Capability Classication. (diagram) (CO)

· Description of agricultural production in the planning area by crop type. (OS)

Inventory of mineral resources including the following

· Identication of the type, location, extent, and quality of mineral resources, including oil and gas. (diagram) (CO, OS)

· Location of mineral resource areas classied and designated by the State Mining and Geology Board pursuant to the Surface Mining and Reclamation Act. (diagram) (CO, OS)

Inventory of other natural resources

· Inventory of areas available for other natural resources such as wind energy generation, hydroelectric power, geothermal power, and large-scale solar power.

Assessment of the demand for public and private parks and recreational facilities and an inventory of areas suitable for parks and recreational purposes, including the following.

· Description of the type, location, and size of existing public and private parks and recreation facilities. (diagram)

· Assessment of present and future demands for parks and recreational facilities, including trails, river and lake access, and per capita supply of parks (acres/thousand inhabitants).

· Identication of future park and recreation sites.

· Review of federal, state, and local plans for the acquisition and improvement of public parks. (diagram)

· Inventory and analysis of areas of outstanding scenic beauty. (diagram) (OS)

· Programs for the protection, conservation, and acquisition of open space lands. (OS)

Enjoyment of scenic beauty

· Inventory of scenic "viewsheds" and points of interest. (OS)

· Denition of community scenic values.

· Programs for protecting and promoting community aesthetics. (OS)

· Identication of scenic drives and highways. (OS)

Education

· Inventory of existing schools and school facilities. (diagram)

· Assessment of the adequacy of school facilities and the need, if any, for additional facilities, based upon existing and projected numbers of school aged children. The projections should correlate with projected residential development.

Public buildings and grounds

· Inventory of public buildings and grounds. (diagram)

· Assessment of need for additional facilities, based upon projected increases in land use intensity and population and the correlated need for additional services.

Solid and liquid waste facilities

· Inventory of existing solid and liquid waste disposal facilities, correlated with the County Integrated Waste Management Plan and the Hazardous Waste Management Plan. (diagram) (CI)

· Assessment of the need for additional facilities, based upon the projected levels of land use and population and correlated with the County Integrated Waste Management Plan and the Hazardous Waste Management Plan.

· Inventory of proposed solid and liquid waste disposal and transformation sites. (diagram)

· Identication of land uses near existing solid waste and liquid waste facilities, waste to energy plants, and sites reserved for future such facilities. (OS)

Assessment of the potential for ooding, including the following

· Historical data on ooding. (CO, OS, S)

· Identication of areas subject to inundation by a 100year ood. (diagram) (CO, OS, S)

· Identication of oodways and ood channels. (diagram) (CO, OS, S)

· Data on areas subject to inundation as a result of dam failure. (S)

· Identication of areas subject to ooding as a result of tidal action occurring in conjunction with river and stream runoff. (S)

Timber production

· Description of the location, type, amount, and ownership of land and timber resources subject to timberland preserve zoning. (diagram)

Other categories of public and private uses of land

· Redevelopment area projects.

· Local Coastal Plan provisions.

· Inventory of lands subject to regulation by other agencies (state land, federal land, etc.).

IDEAS FOR DEVELOPMENT POLICIES

The land use element will contain general development policies, including goals, objectives, specic policies, programs, and plan proposals for guiding the future development of the city or county. In general, the distribution of land use categories that is reected in the plan diagram should comply with these policies. While it can be expected that there will be existing development that may not adhere to the development policies promoted by the plan, new and future development should be in uniform compliance. The plan should put forth policies that clearly establish the spatial relationships between the land use categories. Such policies adopted by the local jurisdiction should address each of the issues discussed in the land use element. They will form the framework for plan proposals and implementation programs. In some instances the ability to require exactions of new development (for example, park and recreation facilities under the Quimby Act (Government Code Section 66477)) will be dependent upon general plan policies. The following subjects should be addressed through development policies in the land use element.

· The amount, location, distribution, density and intensity of each land use proposed by the plan. (CI, OS, CO, H, S, N)

· The location of new development, including consideration of its impacts on surrounding land uses and infrastructure. (CI, OS, CO, H, S, N)

· Denition of the spatial relationships between types of land use (housing, business, industry, open space, etc.).

· The type, location, and intensity of development (if any) to be allowed within ood hazard areas. (CO, S)

· Development regulations for open space areas. (OS)

· The analysis, approval, and regulation of future liquid and solid waste sites coordinated with the County Integrated Waste Management Plan. (CI)

· Hazardous waste sites coordinated with the Hazardous Waste Management Plan.

· The evaluation and regulation of timberland preserve zones.

· The location, acquisition, development, and management of public and private parks and recreational areas, including access to lake shores, beaches, rivers, and streams.

· The promotion and protection of areas of scenic beauty, including policies regulating development.

· The relationship between the land use element and the local zoning, subdivision, and building ordinances.

· The location, type, and height of development in the areas surrounding airports, correlated to the local Airport Land Use Plan.

· The location of schools and the future use of surplus school facilities, coordinated with the plans of local school district(s).

· The development, maintenance, and siting of existing and projected public facilities, including buildings and infrastructure.

· Policies ensuring the compatibility of nearby land uses with existing solid waste and liquid waste facilities and with sites reserved for future facilities. (OS)

· The relationship between the distribution of land uses and the local capital improvements program and guidelines for the timing and siting of capital improvements.

· The protection and future productivity of mineral resource lands, including signicant mineral deposits classied or designated by the Division of Mines and Geology.

· General plan designations to allow local governments to comply with Government Code Section 65589.5(d)(6) regarding the approval of low and moderate income housing. (H)

The following state agencies may provide information or assistance for the preparation of the land use element: Business, Transportation and Housing Agency (including Caltrans and Caltrans districts), California Coastal Commission, State Coastal Conservancy, Department of Commerce, Department of Conservation (Division of Land Resource Protection), Economic Development Commission, California Energy Commission, Department of Education, Agriculture, Department of Forestry and Fire Protection, General Services Department of Health Services (Toxic Substances Control Division), Department of Housing and Community Development, California Housing Finance Agency, Public Utilities Commission, California Integrated Waste Management Board, Department of Water Resources, and Ofce of Planning and Research.

CIRCULATION ELEMENT

PERTINENT GOVERNMENT CODE SECTIONS

Government Code Section 65302(b): [The general plan shall include] 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.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The circulation element, required by state law since 1955, is not simply a transportation plan. It is actually an infrastructure plan that concerns itself with the circulation of people, goods, energy, water, sewage, storm drainage, and communications. Its provisions support the goals, objectives, policies and proposals of the land use element. In turn the land use element is a reection of a community's circulation system and the planning proposals for that system. It is no wonder that long before any other general plan elements were mandated, state law required the circulation element to be correlated with the land use element. Perhaps the correlation requirement was a forerunner of the internal consistency provision of Govern ment Code Section 65300.5. The circulation element also has direct relationships with the housing, openspace, noise and safety elements.

The provisions of a circulation element affect a community's physical, social and economic environment as follows:

· Physical: The circulation system is one of the chief generators of physical settlement patterns, and its location, design and constituent modes have major impacts on air quality, plant and animal habitats, environmental noise, energy use, community appearance and other environmental components.

· Social: The circulation system is a primary determinant of the pattern of human settlement. It has a major impact on the areas and activities which it serves, on community cohesion, and on the quality of human life. The circulation system should be accessible to all segments of the population, including the disadvantaged, the young, the poor, the elderly, and the handicapped.

· Economic: Economic activities normally require circulation for materials, products, ideas or employees, and thus the viability of the community's economy is directly affected by the circulation element. The efciency of a community's circulation system can either contribute to or adversely affect that community's economy.

No city or county is an island in its regional setting. It is therefore prudent for a local planning agency to coordinate its circulation element provisions with applicable state and regional transportation plans (see Government Code Sections 65103(f) and 65080 et seq.). Likewise, the state must coordinate its plans with local governments (Government Code Section 65080(a)) and the federal government is under a similar obligation (Section 134, Title 23 of the U.S. Code).

Caltrans is particularly interested in the transportation planning roles of local general plans - particularly the circulation elements. The state transportation agency believes the following areas should be emphasized in the development of local general plans:

· The coordination of planning efforts between local agencies and Caltrans districts.

· The preservation of transportation corridors for future system improvements.

· The development of coordinated transportation system management plans that achieve the maximum use of present and proposed infrastructure.

These areas of emphasis are addressed through Caltrans' Advance Transportation System Development Program. One of the program's major purposes is to resolve transportation problems early enough in the local land use development process to avoid costly delay to development. The coordination of state and local transportation planning is a key to the success of a circulation element.

COURT INTERPRETATIONS

In Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 (as modified 222 Cal.App.3d 516a) the California Court of Appeal affirmed that a general plan may consist of several documents. Nevertheless, the information in associated documents, when not referenced by the general plan, may not compensate for deficiencies in the circulation element.

Three California appellate cases have addressed the subject of correlation between the circulation and land use elements: Concerned Citizens of Calaveras County v. Board of Supervisors of Calaveras County (1985) 166 Cal.App.3d 90, Twain Harte Homeowners Association v. County of Tuolumne (1982) 138 Cal.App.3d 664, and Camp v. Mendocino County Board of Supervisors (1981) 123 Cal.App.3d 334. The Concerned Citizens case sheds some light on the term "correlated" as follows:

" 'Correlated' means 'closely, systematically, or reciprocally related . . . .' [Webster's Third New Internat. Dict. (1981) p. 511.] Section 65302 [of the Government Code] therefore requires that the circulation element of a general plan, including its major thoroughfares, be closely, systematically, and recipro cally related to the land use element of the plan.

"In its more concrete and practical application, the correlation requirement in subdivision (b) of [Government Code] Section 65302 is designed to insure that the circulation element will describe, discuss and set forth "standards" and "proposals" respecting any change in demands on the various roadways or transportation facilities as a result of changes in uses of land contemplated by the plan. (See Twain Harte Homeowners Assn. v. County of Tuolumne (1982) 138 Cal.App.3d at p. 701; and Camp v. Board of Supervisors (1981) 123 Cal.App.3d at p. 363.) The statutory correlation requirement is evidently designed in part to prohibit a general plan from calling for unlimited population growth in its land use element, without providing in its circulation element, 'proposals' for how the transportation needs of the increased population will be met."

After dening "correlated," the Concerned Citizens decision pointed out a situation where correlation does not exist. The court stated:

"We conclude the [Calaveras County] general plan cannot identify substantial problems that will emerge with its state highway system, further report that no known funding sources are available for improvements necessary to remedy the problems, and achieve statutorily mandated correlation with its land use element (which provides for substantial population increases) simply by stating that the county will solve its problems by asking other agencies of government for money. To sanction such a device would be to provide counties with an abracadabra by which all substance in section 65302's correlation requirement would be made to disappear."

The Concerned Citizens decision appears to have limited its search for evidence of correlation to Calaveras County's circulation element. By contrast, the Twain Harte case (which originated in a different appellate district) indicates that the courts will look beyond the circulation element to supporting documents (e.g., other sections of the general plan) when such evidence is not readily apparent (Twain Harte , supra, at p. 701). The court in the Camp decision upon discovering that correlation was not "expressly shown" in Mendocino County's circulation element, apparently attempted to nd it by means of construction (Camp, supra, at p. 363). To be on the safe side, local governments should provide explicit evidence of correlation in both their circulation and land use elements.

The Twain Harte case indicates that the courts will not automatically presume the existence of correlation simply because a local government has adopted both its circulation and land use elements. Although general plans, as legislative enactments of the police power, will be presumed valid by the courts (in the sense that they are not arbitrary and capricious, but instead are reasonably related to promoting or protecting the health, safety or welfare), such plans must nevertheless be in substantial compliance with state law. (See Camp at p. 348 and Buena Vista Gardens Apartments Association v. City of San Diego Planning Department (1985) 175 Cal.App.3d 289, 298.) In other words, the courts will review a plan for its actual compliance with the requirements of the state's general plan statutes.

In the wake of the U.S. Supreme Court's Nollan decision on takings, there has been a case relating road exactions to the circulation element. The court in Rohn v. City of Visalia (1989) 214 Cal.App.3d 1463 overturned a street dedication requirement on the basis of inadequate nexus evidence. Since the dedication requirement was supported in part by the city's general plan (but not by empirical evidence), this case may indicate that the general plan by itself is not armor against a takings claim. If the circulation element is to be an effective basis for exactions, it must be based upon trafc studies that are sufciently detailed to link land uses and related demand to future dedications.

RELEVANT ISSUES

Although the list of mandatory circulation element issues is relatively short, it is, nevertheless, encompassing. Issues such as "transportation routes" and "other local public utilities and facilities" could, depending upon the local situation, cover a wide variety of topics. Mandatory circulation issues are:

· Major thoroughfares

· Transportation routes

· Terminals

· Other local public utilities and facilities

In addressing the above mandatory issues, cities and counties may wish to consider the following topics. The list below was derived from the mandatory issues and is also based on possible local optional issues. It is not meant to be allinclusive.

· Streets and highways

· Public transit routes, stops and terminals (e.g., for buses, light rail systems, rapid transit systems, commuter railroads, ferryboats, etc.

· Private bus routes and terminals

· Bicycle and pedestrian routes and facilities

· Truck routes

· Railroads and railroad depots

· Paratransit plan proposals (e.g., for jitneys, car pooling, van pooling, taxi service, and dialaride)

· Navigable waterways, harbors (deepdraft and smallboat), and terminals

· Airports (commercial, general and military)

· Parking facilities

· Transportation system management

· Air pollution from motor vehicles

IDEAS FOR DATA AND ANALYSIS

Once a city or county has identied its circulation issues and goals, the planning agency should collect and analyze data. The following suggestions are meant to stimulate thinking rather than encompass all the research possibilities that go into preparing or amending a circulation element.

Mandatory

Suggested

Major Thoroughfares and Transportation Routes

· Assess the adequacy of the existing street and highway systems and the need for expansion, improvements and/or transportation system management as a result of trafc generated by planned land use changes. (LU)

· Analyze existing street and highway trafc conditions. (N)

· Determine current street and highway capacities.

· Determine existing trafc volumes (using peakrate ows).

· Determine the levels of service of existing streets and highways.

· Determine the abilities of streets and highways to accommodate local bus transit services.

· Analyze projected street and highway trafc conditions. (N)

· Estimate the number of trips generated by proposed land uses.

· Make assumptions about the routes of such trips.

· Make assumptions about the modal split (i.e., estimate the percentages of trips by transit, passenger car, van pools, etc.).

· Project future trafc volumes on existing streets and highways (using peakrate ows) by adding together current trafc volumes and the estimated marginal increase in volumes resulting from planned land use changes.

Computer Program Capabilities

The following descriptions of computer software, though not comprehensive, suggest the range of transportation programs that are available to planners who are collecting and analyzing circulation element data. Programs are available which:

· Estimate urban travel volumes, trip generation, distribution, mode split, and trip assignment. (One program calculates trafc generated by 80 different land uses or building types.)

· Predict changes in transit use as a result of changes in transit fares, headways, vehicle travel times and access/egress times.

· Locate the stops, computes the order of stops and provides shortest trip routes for van pools, transit and other multistop trips.

· Assist planners and local zoning boards in predicting the impact of a development on local roads.

· Provide a simple interactive graphics network analysis package suitable for simple shortest path and trafc assignment.

· Estimate population and employment redistributions due to highway projects in or near small communities.

· Calculate the maximum building size for a parcel of land with given zoning and parking requirements.

· Analyze single intersections for the purpose of achieving optimum trafc signalization efciency (for the purpose of minimizing air pollution).

· Estimate the air quality impacts of a roadway and intersection design.

· Calculate energy savings associated with transitrelated transportation system manage ment actions.

· Estimate the air quality impacts of proposed changes in land use based on projected vehicle trips and speeds.

· Determine the effects of projected trafc volumes on existing street and highway capacities.

· Determine the future levels of service of existing streets and highways.

· Review trafc projects pertinent to local planning that are proposed within neighboring jurisdictions.

· Review pertinent regional transportation plan and project funding priorities under the regional transportation improvement program.

· Compare projected levels of service with desired levels.

· Analyze the potential effects of alternative plan proposals and implementation measures (related to transportation and/or land use) on desired projected levels of service.

· Historical data and trends with regard to automobile accidents.

· Analysis of the physical condition of sidewalks, streets, highways and bridges.

References For Transportation Planning Computer Software

The U.S. Department of Transportation has prepared a comprehensive listing of microcomputer software for transportation entitled UTPS Microcomputers in Transportation Software and Source Book. Copies can be obtained by calling 202/3664208 or by sending a selfaddressed gummed label to:

Technology Sharing Program (I30SS)

Ofce of the Assistant Secretary for Governmental Affairs

U.S. Department of Transportation

Washington, D.C. 20590

The Institute of Transportation Studies, University of California, Berkeley, maintains a data base called INFO TAP that lists and "downloads" (provides copies of) current public domain transporta tion software. Planners may obtain access to INFO TAP by using a modem and calling 415/6427088. For more information contact the institute at:

Institute of Transportation Studies

University of California, Berkeley

107 McLaughlin Hall

Berkeley, CA 94720

415/6421008

Planners can also obtain information about software by contacting:

Regional Travel Forecasting Branch

Division of Transportation Planning

California Department of Transportation

P.O. Box 942874

Sacramento, CA 942740001

916/4458238

Information regarding software that estimates transportationrelated air quality impacts of land use changes can be obtained by contacting the California Air Resources Board at:

Technical Support Division

California Air Resources Board

P.O. Box 2815

Sacramento, CA 95812

916/3225350

· Evaluation of the use of existing transportation terminals. (LU)

· Evaluation of the need for new or relocated transportation terminals. (LU)

Local Public Utilities and Facilities

· Assessment of the adequacy and availability of existing community water, sewer, and drainage facilities and the need for expansion and improvements. (LU)

· Existing and projected capacity of treatment plants and trunk lines.

· Trends in peak and average daily ows.

· Inventory and location of existing and proposed power plants, oil and natural gas pipelines, and major electric transmission lines and corridors. (LU)

· Assessment of current power plant development and potential future development. Consider such factors as the demand for transmission facilities, the transport and storage of hazardous materials, and local transportation impacts of current and future power plant developments. (LU, S)

Transit

· Assessment of the needs of people who depend on public transit.

· Number and distribution of households without an automobile.

· Assessment of the transportation needs of special groups within the population and the extent to which such needs are being met (e.g., the handicapped and elderly).

· Assessment of the adequacy of existing transit routes, services and facilities and the need for expansion and improvements.

· Trends in transit use and estimates of future demand.

· Determination of existing and projected levels-of-service for transit.

· Review of regional transportation improvement program.

Private Buses

· Evaluation of private bus company services.

· Identication of the private bus routes within the local jurisdiction.

· Evaluation of the transportation needs that are or are not being met by private bus companies.

· Determination of the private bus company plans to provide bus service in the future.

Bicycles and Pedestrians

· Assessment of the adequacy of existing bicycle routes and facilities and the need for new ones.

· Trends in bicycle ownership and usage.

· Assessment of the levelofservice of pedestrian facilities (both current and future levels).

· Assessment of historical data and trends with regard to bicycle and pedestrian accidents.

Truck Routes

· Identication of existing truck routes. (N)

· Determination of needed changes in truck routes.

Railroads

· Inventory of rail lines and facilities and assessment of plans for expansion and improve ments. (LU, N)

Useful Transportation Element Denitions And Information

LevelsofService: According to the Transportation Research Board's 1985 Highway Capacity Manual Special Report 209, levelofservice is a qualitative measure describing the efciency of a trafc stream. It also describes the way such conditions are perceived by persons traveling in a trafc stream. Levelsofservice measurements describe variables such as speed and travel time, freedom to maneuver, trafc interruptions, traveler comfort and convenience, and safety. Measurements are graduated ranging from levelofservice A (representing free ow and excellent comfort for the motorist, passenger or pedestrian) to levelofservice F (reecting highly congested trafc conditions where trafc volumes exceed the capacities of streets, sidewalks, etc.). Levelsofservice can be determined for a number of transportation factors including freeways, multilane highways, twolane highways, signalized intersections, intersections that are not signalized, arterials, transit and pedestrian facilities.

Paratransit: Transportation systems, such as jitneys, car pooling, van pooling, taxi service, and dialaride arrangements.

Recreational Trails: Public areas that include pedestrian trails, bikeways, equestrian trails, boating routes, trails, and areas suitable for use by physically handicapped people, trails and areas for offhighway recreational vehicles, and crosscountry skiing trails.

Streets and Highways: A jurisdiction's planning of streets and highways may involve the following terms:

Arterial: A major street carrying the trafc of local and collector streets to and from freeways and other major streets, with controlled intersections and generally providing direct access to properties.

Collector: A street for trafc moving between arterial and local streets, generally providing direct access to properties.

Expressway: A highway with full or partial control of access with some intersections at grade.

Freeway: A highway serving highspeed trafc with no crossings interrupting the ow of trafc (i.e., no crossings at grade). Streets and Highways Code Section 23.5, in part, states that "Freeway means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access."

Local Street: A street providing direct access to properties and designed to discourage throughtrafc.

Scenic Thoroughfares: The following are scenic thoroughfare terms that planners may encounter:

Local Scenic Highway: A segment of a state or local highway or street that a city or county has designated as "scenic."

Ofcial County Scenic Highway: A segment of a county highway the Director of the Department of Transportation (Caltrans) has designated as "scenic."

Ofcial State Scenic Highway: A segment of a state highway identied in the Master Plan of State Highways Eligible for Ofcial Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans).

Scenic Highway Corridor: The visible area outside the highway's rightofway, gener ally described as "the view from the road."

Transit: Urban and suburban rail, bus systems and ferryboats.

Circulation Element

· Determination of transportation needs that are or are not being met by railroads.

· Identify abandoned railroad rights of way which could be preserved for future transpor tation corridor use. (LU)

Paratransit

· Inventory of paratransit services and routes.

· Inventory of existing paratransit services and uses.

· Identication of the needs served by paratransit.

· Determination of future paratransit needs.

Navigable Waterways, Ports and Harbors

· Assessment of the adequacy of navigable waterways and port and harbor facilities, including the need for expansion and improvements. (LU, OS)

· Historical data on the use of facilities and vessel registrations.

· Projection of future demand based on new or expanded economic activities and recre ational trends.

· Projection of future needs for navigable waterways and port and harbor facilities.

· Review of plans for improvements by harbor and port districts.

Airports

· Assessment of the adequacy of and safety hazards associated with existing aviation facilities (general, commercial and military) and the need for expansion and improvements.

· Inventory of potential safety hazards posed by airport activities to surrounding land uses. (N)

· Inventory of potential safety hazards to aircraft passengers posed by existing or proposed land uses near airports.

· Assessment of the provisions of an airport land use commission plan prepared pursuant to Public Utilities Code Section 21675. (N)

· Aircraft landings and takeoffs.

· Descriptions of facilities.

Parking Facilities

· Assessment of the adequacy of existing on and offstreet parking, particularly in urban and commercial areas. (LU)

· Assessment of the affects of parking policies (i.e., off-street parking standards, on-street parking restrictions, graduated parking fees, etc.) on congestion, energy use, air quality, and public transit ridership.

Transportation System Management

· Analysis of existing and projected transportation system levels of service. (LU)

· Identication of existing and proposed modes of transportation.

· Analysis of the projected effects on the transportation system of construction improve ments versus the projected effects of transportation system management.

· Comparison of the costs of construction improvements versus the costs of transportation system management.

· High Occupancy Vehicle (HOV) lane usage.

· Vehicle occupancy counts.

Circulation Element

Air Pollution from Motor Vehicles

· Estimation of air quality impacts. (CO, LU)

· Analysis of air quality trends.

· Assessment of existing air quality.

· Estimation of air quality impacts of motor vehicle trips generated by land use changes and new thoroughfares.

· Identication and evaluation of measures that will reduce the air quality impacts of motor vehicle trips. (CO, LU)

IDEAS FOR DEVELOPMENT POLICIES

The circulation element should contain goals, objectives, policies, principles, plan proposals and/or standards for planning the infrastructure supporting the circulation of people, goods and communications. These development policies should be carefully correlated with the provisions of the land use element. With this and the above ideas for data and analysis in mind, cities and counties may wish to consider development policies for:

· The location and design of major thoroughfares in new developments. (N)

· The development and improvement of major thoroughfares, including future acquisi tions and dedications, based on proposed land use patterns and projected demand. This may include a street and highway classication system. (LU)

· The levels-of-service of transportation routes, intersections and transit.

· The circulation between housing and work places. (LU)

· The scheduling and nancing of circulation system maintenance projects.

· The locations and characteristics of transportation terminals. (LU)

· The development, improvement, timing and location of community sewer, water, and drainage lines and facilities. (LU, CO)

· The current and future locations of:

- Oil and natural gas pipelines.

- Power plants.

- Major electric transmission lines and corridors. (LU) (diagram)

· The acquisition of necessary public utility rightsofway. (LU)

· The selection and carrying out of nancing measures to expand and improve public utilities.

· Transportation and utilityrelated exactions.

· Assistance to those who cannot afford public utility services.

· The mix of transportation modes proposed to meet community needs.

· The development and improvement of transit and paratransit services.

· Transit and paratransit assistance.

· The roles of railroads and private bus companies in the transportation system. (N)

· The development and improvement of rail and private bus facilities and services.

· The encouragement of railroad and private bus company services.

· The preservation of abandoned railroad rights of way for future transportation corridor use. (LU)

· The development and improvement of bicycle routes and walkways.

· Proposed truck routes. (N)

· The basis for truck route regulations. (N)

· The safety of the traveling public including pedestrians and bicyclists.

· The development and improvement of port, harbor, and waterway facilities. (LU, CO)

· The development and improvement of aviation facilities. (LU)

· The mitigation of aviationrelated hazards (including hazards to aircraft and hazards posed by aircraft). (LU, N)

· The consistency of the general plan with the provisions of an airport land use commission plan. (Government Code Section 65302.3) (LU, N)

· Strategies for the management of parking supply such as increased parking fees, graduated parking fees, metered on-street parking, and staggered work schedules.

· Strategies for the control of parking demand such as improved transit service, amenities for bicyclists, and subsidized rideshare vehicles.

· The use of transportation system management.

· The roles of the private sector and various public agencies in developing, improving and maintaining circulation infrastructure.

· Policies that reduce motor vehicle air pollution. (LU, CO)

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the circulation element: Department of Transportation (Caltrans), Public Utilities Com mission, Transportation Commission, and Ofce of Planning and Research. Caltrans has the following sources of information:

· Assembly of Statistical Reports: California Public Road Data

· Directory of California Trip Reduction Ordinances

· District System Management Plans

· Interregional Road System Plan

· Regional Transportation Plan Evaluation Report

· Route Concept Reports

· Route Development Plans

· Route Segment Reports

· System Management Data Bases

HOUSING ELEMENT

PERTINENT GOVERNMENT CODE SECTIONS

Note: Due to the length of the housing element statutes, the following is not a complete collection of pertinent code sections. Readers are urged to read the entire housing element statute in detail, beginning with Government Code Section 65580, before preparing or revising a housing element.

Government Code Section 65583: The housing element shall consist of an identication and analysis of existing and projected housing needs and a statement of goals, policies, quantied objectives, and scheduled programs for the preservation, 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 assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the following:

(1) Analysis of population and employment trends and documentation of projections and a quantication of the locality's existing and projected housing needs for all income levels. These existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584.

(2) Analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.

(3) An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.

(4) Analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures.

(5) Analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of nancing, the price of land, and the cost of construction.

(6) Analysis of any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

(7) Analysis of opportunities for energy conservation with respect to residential develop ment.

(8) An analysis of existing assisted housing developments that are eligible to change to non -low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low -income use and the total number of elderly and non-elderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each ve-year period and does not have to contain a project by project cost estimate.

(C) The analysis shall identify public and private nonprot corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.

(D) The analysis shall identify and consider the use of all federal, state, and local nancing and subsidy programs which can be used to preserve, for lower income households, the assisted housing development, identied in this paragraph, including, but not limited to, federal Community Development Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these nancing and subsidy programs, the analysis shall identify the amounts of the funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.

(b) A statement of the community's goals, quantied objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.

It is recognized that the total housing needs identied pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantied objectives need not be identical to the identied existing housing needs, but should establish the maximum number of housing units that can be constructed, rehabilitated, and conserved over a ve-year time frame.

(c) A program which sets forth a ve-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, provision of regulatory concessions and incentives, and the utilization of appropri ate federal and state nancing and subsidy programs when available and the utilization of moneys in a Low and Moderate Income Housing Fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

(1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, emergency shelters and transitional housing in order to meet the community's housing goals as identied in subdivision (b).

(2) Assist in the development of adequate housing to meet the needs of low- and moderate -income households.

(3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing.

(4) Conserve and improve the condition of the existing affordable housing stock.

(5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.

(6) Preserve for lower income households the assisted housing developments identied pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local nancing and subsidy programs identied in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.

The program shall include an identication of the agencies and ofcials responsible for the implementation of various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

(d) The analysis and program for preserving assisted housing developments required by the amendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the housing element by January 1, 1992.

(e) Failure of the department [of Housing and Community Development] to review and report its ndings pursuant to Section 65585 to the local government between January 1, 1992, and the next periodic review and revision required by Section 65588, concerning the housing element amendment required by the amendments to this section by the Statutes of 1989, shall not be used as a basis for allocation or denial of any housing assistance administered pursuant to part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code.

Government Code Section 65585: (a) Each local government shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code in the preparation and amendment of its housing element pursuant to this article. Those guidelines shall be advisory to each local government in order to assist it in the preparation of its housing element.

(b) At least 90 days prior to adoption of the housing element, or at least 45 days prior to the adoption of an amendment to this element, the planning agency of a local government shall submit a draft of the element or amendment to the department. The department shall review drafts submitted to it and report its ndings to the planning agency within 90 days of receipt of the draft in the case of adoption of the housing element pursuant to this article, or within 45 days of receipt of the draft in the case of an amendment. The legislative body shall consider the department's ndings prior to nal adoption of the housing element or amendment unless the department's ndings are not available within the above prescribed time limits. If the department's ndings are not available within those prescribed time limits, the legislative body may take the department's ndings into consideration at the time it considers future amendments to the housing element.

(c) Each local government shall provide the department with a copy of its adopted housing element or amendments. The department may review adopted housing elements or amendments and report its ndings.

(d) Except as provided in Section 65586, any and all ndings made by the department pursuant to subdivisions (b) and (c) shall be advisory to the local government.

Government Code Section 65588: (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following:

(1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal.

(2) The effectiveness of the housing element in attainment of the community's housing goals and objectives.

(3) The progress of the city, county, or city and county in implementation of the housing element.

(b) The housing element shall be revised as appropriate, but not less than every ve years, to reect the results of this periodic review.

In order to facilitate effective review by the department of housing elements, local governments following shall prepare and adopt the rst two revisions of their housing elements no later than the dates specied in the following schedule, notwithstanding the date of adoption of the housing elements in existence on the effective date of the act which amended this section during the 1983-84 session of the Legislature.

(1) Local governments within the regional jurisdiction of the Southern California Association of Governments: July 1, 1984, for the rst revision and July 1, 1989, for the second revision.

(2) Local governments within the regional jurisdiction of the Association of Bay Area Governments: January 1, 1985, for the rst revision, and July 1, 1990, for the second revision.

(3) Local governments within the regional jurisdiction of the San Diego Association of Governments, the Council of Fresno County Governments, the Kern County Council of Governments, the Sacramento Council of Governments, and the Association of Monterey Bay Area Governments: July 1, 1985, for the rst revision and July 1, 1991, for the second revision.

(4) All other local governments: January 1, 1986, for the rst revision, and July 1, 1992, for the second revision.

(c) The review and revision of housing elements required by this section shall take into account any low- or moderate-income housing which has been provided or required pursuant to Section 65590.

(d) The review pursuant to subdivision (c) shall include, but need not be limited to, the following:

(1) The number of new housing units approved for construction within the coastal zone after January 1, 1982.

(2) The number of housing units for persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, required to be provided in new housing developments either within the coastal zone or within three miles of the coastal zone pursuant to Section 65590.

(3) The number of existing residential units occupied by persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, that have been authorized to be demolished or converted since January 1, 1982, in the coastal zone.

(4) The number of residential dwelling units for persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, that have been required for replacement or authorized to be converted or demolished as identied in paragraph (3). The location of the replacement units, either on-site, elsewhere within the locality's jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality's jurisdiction, shall be designated in the review.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The Legislature enacted the rst housing element requirement in 1969, but it contained no detailed statutory requirements. The State Department of Housing and Community Development (HCD) issued informal advisory housing element guidelines in 1971, but lacking detailed requirements, it could not critically review housing elements for compliance.

In 1975, AB 1X (Chapter 1) instructed HCD to adopt housing element guidelines and authorized the department to review and comment on local housing elements. The resulting 1977 guidelines called for new housing elements to contain an unprecedented degree of specic detail in their analysis of housing needs, resources, and programs.

The 1977 guidelines became the subject of controversy over whether they were advisory or binding upon cities and counties. The Legislature resolved the controversy in 1980 by statutorily specifying a housing element's requirements, declaring HCD guidelines to be advisory, and requiring cities and counties to consider the department's ndings prior to adopting the element.

COURT INTERPRETATIONS

Buena Vista Gardens Apartments Association v. City of San Diego Planning Dept. (1985) 175 Cal.App.3d 289 provides the most thorough judicial discussion of housing element law. The plaintiff and appellant in the case were tenants occupying a large apartment complex for which the city had approved a longterm plan to demolish the existing units and develop condominiums on the site. The tenants challenged the plan's nal approval, alleging that the city's housing element failed to meet statutory requirements in seven respects.

The appellate court found that in six of the seven respects the element substantially complied with state law. However, the element lacked any programs encouraging the conservation of mobilehome parks or existing affordable apartment rental units. The fact that the city had no basis upon which to deny the developer a demolition permit demonstrated the city's lack of a program to conserve affordable rental housing. As a result, the court prohibited the permit's issuance until the city amended its housing element with conservation programs substantially conforming to statutory requirements.

Court review of a legislative act, such as adoption of a general plan element, is very narrow. The court may only review for literal compliance with statutory mandates and may not scrutinize the wisdom or merits of the content of the element. The role of the Department of Housing and Community Development (HCD), because it reviews housing elements, is broader. The court acknowledged, "(the) department reviews not only to ensure the requirements of 65583 are met, but also to make suggestions for improvements." Further more, the court noted: "(while) this court may be of the opinion [that the] city should adopt department's recommendations, the Legislature has stated its recommendations are advisory (Section 65585, subd.(a))."

Buena Vista Gardens is consistent with the growing number of cases that support the general plan's integrity and require "substantial" (i.e., actual) compliance with its statutorily stated content. For example, a project may be halted when the general plan either lacks a relevant element or the relevant element is inadequate, as many cases have demonstrated.

A more recent case, Committee for Responsible Planning v. City of Indian Wells (1989) 209 Cal.App.3d 1005, exemplies the type of action a court may take after it invalidates a general plan. After holding Indian Well's general plan invalid for failure to achieve internal consistency and failure to address various statutorily required issues in the housing element, the trial court ordered the city to bring its general plan into compliance with state law and imposed a moratorium. The court order prevented the city from granting building permits and discretionary land use approvals such as subdivision maps, rezoning, and variances until it updated its general plan.

In the meantime, a developer sought approval to record a nal tract map. Pursuant to Government Code Section 65755(b), the subdivider requested that the court waive the moratorium's restrictions. The court may do so when it nds that the project would "not signicantly impair" the city's ability to adopt all or part of the new plan in compliance with statutory requirements. Recognizing the Legislature's statutory guidance reecting the housing element's "preeminent importance," the court disagreed with the developer's arguments that the tract map would not affect the city's ability to adopt an adequate housing element. The court refused to allow approval of the map until the general plan was adopted.

RELEVANT ISSUES

The housing element issues listed below are derived from Government Code Sections 65583 and 65590. Local governments may address these matters in any format they deem appropriate. For example, they may group together issues having functional relationships or overlapping meanings such as "preservation," "maintenance," and "improvement" of housing. The important thing to remember is that a housing element, regardless of its format, should clearly identify and address, at a minimum, each of the following issues.

Preservation of housing (Gov.C. Section 65583 1st para. & (b))

Maintenance of housing (Gov.C. Section 65583 1st para. & (b))

Improvement and conservation of housing, including affordable housing stock (Gov.C. Section 65583 1st para., (b) & (c)(4))

Development of housing (Gov.C. Section 65583 1st para. & (b))

Adequate sites for housing (Gov.C. Section 65583 1st para.)

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community (Gov.C. Section 65583 1st para.)

Promotion of housing opportunities for all persons (Gov.C. Section 65583(c)(5))

Coastal zone replacement housing (Gov.C. Sections 65588(c)(d) and 65590(h)(2)) - applicable to jurisdictions which are partially or entirely within the Coastal Zone

REVIEWING AND REVISING THE HOUSING ELEMENT

Unlike the other elements of the general plan, state law explicitly requires that the housing element be reviewed and updated continuously (Government Code Section 65588). Cities and counties must review their housing elements as frequently as appropriate with regard to:

(1) The appropriateness of their housing goals, objectives, and policies in contributing to the attainment of the state housing goal.

(2) The effectiveness of the housing element in attaining the community's housing goals and objectives.

(3) The progress in implementing the housing element.

Evaluations of the element's effectiveness and success in its implementation should include the following information:

· A comparison of the actual results of the element with its goals, objectives, policies and programs. The results should be quantied where possible, but may be qualitative where necessary.

· An analysis of the signicant differences between what was projected or planned in the earlier element and what was achieved.

· A description of how the goals, objectives, policies and programs of the updated element incorporate what was learned from the results of the prior element.

The housing element must be comprehensively revised at least every ve years to reect the results of this periodic review. Government Code Section 65588 establishes the timetable for these revisions.

In coastal communities, the revision must take into account any low- or moderate-income housing that has been provided or required in the coastal zone in accordance with Government Code Section 65590. The review of coastal zone housing activity shall include at least the following information:

· The number of new housing units approved for construction within the zone after January 1, 1982.

· The number of units for persons and families of low or moderate income that have been required to be included in new housing developments either within the zone or within 3 miles thereof.

· The number of existing units occupied by low- or moderate-income residents that have been authorized to be demolished or converted to another use within the zone since January 1, 1982.

· The number of low- or moderate-income residential units that have been required for replacement or authorized for demolition or conversion as quantied above. The review must also identify the location of any replacement units.

Scope

Information

Coastal Zone

Useful Housing Element Denitions

Assisted Housing Developments: Multifamily rental housing that receives govern mental assistance under federal programs listed in subdivision (a) of Government Code Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. The term also includes multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Government Code Section 65916.

Income Levels: Income categories are dened with respect to the area median income and are adjusted for household size. For detailed denitions of these terms, the reader should consult Chapter 6.5 (commencing with Section 6910) of Title 25 of the California Code of Regulations. Although there are exceptions, the four -person income limits are as follows:

Very Low Income: No more than 50 percent of the area median income.

Other Lower Income: Between 50 and 80 percent of the area median income.

Lower Income: No more than 80 percent of the area median income (i.e., combination of very low income and other lower income).

Moderate Income: Between 80 and 120 percent of the area median income.

Above Moderate Income: Above 120 percent of the area median income.

Goal: See the denition of "goal" in Chapter I of these guidelines.

Quantied Objective: The housing element must include quantied objectives which specify the maximum numbers of housing units that can be constructed, rehabilitated, and conserved within a ve-year time frame, based on the needs, resources, and constraints identied in the housing element (Government Code Section 65583(b)). The number of units that can be conserved should include a subtotal for the number of existing assisted units subject to conversion to non-low -income uses which can be preserved for lower-income households. Whenever possible, objectives should be set for each particular housing program, establishing a numerical target for the effective period of the program.

Ideally, the sum of the quantied objectives will be equal to the identied housing needs. However, identied needs may exceed available resources and limitations imposed by other requirements of state planning law. Where this is the case, the quantied objectives need not equal the identied housing needs, but should establish the maximum number of units that can be constructed, rehabili tated, and conserved (including existing subsidized units subject to conversion which can be preserved for lower-income use), given the constraints. See the denition of "objective" in Chapter I of these guidelines.

Policy: See the denition of "policy" in Chapter I of these guidelines.

IDEAS FOR DATA AND ANALYSIS

The following aspects of data and analysis for housing elements are based on housing element law. For further guidance, consult the Department of Housing and Community Develop ment (HCD).

Preservation of housing

· With regard to all economic segments of the community, identication and analysis of opportunities to preserve housing

· Identication of techniques for administering land use and development controls to facilitate the preservation of housing

· Identication of incentives for the preservation of housing (e.g., transferable development rights and historical property contracts pursuant to Gov.C. Section 50280 et seq.)

Maintenance of housing

· With regard to all economic segments of the community, identication and analysis of opportunities for housing maintenance programs

· Identication of techniques for administering land use and development controls to facilitate the maintenance of housing

· Identication of incentives for the maintenance of housing (e.g., expedited permit processing and fee reductions)

Improvement and conservation of housing, including affordable housing stock

· With regard to all economic segments of the community, identication and analysis of opportunities to improve and conserve existing housing stocks

· Identication of techniques for administering land use and development controls to facilitate the improvement and conservation of housing

· Identication of incentives for the improvement and conservation of housing (e.g., expedited permit processing and fee reductions)

Development of housing

· With regard to all economic segments of the community, identication and analysis of opportunities to develop new housing

· Identication of techniques for administering land use and development controls to facilitate the development of housing

· Identication of incentives for the development of housing (e.g., density bonuses, expedited permit processing, and fee reductions)

Adequate sites for housing

· Inventory of land suitable for residential development, including:

- Vacant sites

- Sites having potential for redevelopment

· Analysis of these sites in relation to:

- Zoning

- Public facilities

- Public services

· Identication of adequate sites for housing to meet existing and projected housing needs, including sites for:

- Rental housing

- Factory-built housing

- Mobilehomes

- Emergency shelters

- Transitional housing

· Evaluation of the administration of zoning and subdivision ordinances with regard to the provision of adequate sites for housing

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community

Housing needs

· Disclosure of the local share of:

- existing regional housing needs

- projected regional housing needs

· Analysis of the factors and circumstances, with all supporting data, of the locality's revision to the local share of regional housing needs - when required pursuant to Government Code Section 65584(c)

· Assessment of local housing needs, including:

- Analysis of population trends

- Analysis of employment trends

- Documentation of population projections

- Documentation of employment projections

· Quantication of existing housing needs for all income levels, including the local share of existing regional housing needs as provided by the council of governments pursuant to Government Code Section 64484(a)

· Quantication of projected housing needs for all income levels, including the local share of projected regional housing needs as provided by the council of governments pursuant to Government Code Section 64484(a)

Household characteristics

· Analysis and documentation of household characteristics, including: level of payment compared to ability to pay: the number of very low and lower income households occupying units at a cost greater than 25 percent of their gross household income; and comparison of the income distribution of low and moderate income households in the community to the range of costs of housing units for sale and for rent in the community

Housing characteristics

· Analysis and documentation of housing characteristics, such as the number of households living in overcrowded conditions (1.01 or more persons per room)

Housing stock conditions

· Analysis and documentation of housing stock conditions, such as the number of households living in housing units needing rehabilitation or replacement, identied separately for owneroccupied and renteroccupied units

Resources for meeting existing and projected housing needs

· Inventory of resources relevant to meeting the identied housing needs, including:

- Land suitable for residential development, including:

- Vacant sites

- Sites having potential for redevelopment

- Inventory of these sites in relation to:

- Facilitating housing through zoning

- Available public facilities

- Available public services

- Federal, state, and local nancing and subsidy programs

- Available nancing from the low and moderate-income housing fund established by the local redevelopment agency

Constraints on meeting existing and projected housing needs

· Inventory of constraints relevant to meeting the identied housing needs, including:

- Housing sites in relation to:

- Zoning constraints

- Public facilities constraints

- Public service constraints

- Potential and actual governmental constraints upon:

- The maintenance of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- The improvement of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- The development of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- Potential and actual non-governmental constraints upon:

- The maintenance of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

- The improvement of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

- The development of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

· Identication of regulatory concessions which could reduce or eliminate constraints on needed housing

· Evaluation of techniques for administering land use and development controls which reduce constraints on needed housing

Special housing needs

· Analysis of any special housing needs such as those of:

- The handicapped

- The elderly

- Large families

- Farmworkers

- Families with female heads of households

- Families in need of:

- Emergency shelter

- Transitional housing

- Persons in need of:

- Emergency shelter

- Transitional housing

Residential energy conservation

· Opportunities for energy conservation in the design and construction of individual units

· Opportunities for energy conservation in the design of subdivisions

· Proximity of proposed residential development to employment centers, retail commercial uses, schools, transit, and other services

· Identication of incentives facilitating energy conservation

Conversion of assisted housing units*

· Analysis of assisted housing developments eligible for conversion to uses other than low -income housing during the next ten years due to termination of subsidy contracts, mortgage payments, or the expiration of use restrictions. The analysis must include:

- A listing of each development project by name and address**

- The type of governmental assistance received**

- The earliest possible date of change from low-income use**

- The total number of assisted housing units that could be lost from the locality's housing stock each year during the ten-year period, with regard to:

- Units for the elderly**

- Units for the non-elderly**

Replacement of converted assisted housing units*

· The estimated total cost of developing new replacement rental housing comparable in size and rent level to the convertible units

Preservation of assisted housing units*

· The estimated cost of preserving assisted housing developments

· Identication of public and private corporations having the legal and managerial capacity to acquire and manage assisted housing developments

· Identication and consideration of all federal, state, and local nancing and subsidy programs useful in preserving assisted housing for lower income households

· Identication of the amounts of funds (under each such program) which could be available for preserving assisted housing developments Promotion of housing opportunities for all persons

· Analyze U.S. Census data to determine the household characteristics of various areas or neighborhoods in the locality

· Identify those areas or neighborhoods which have homogeneous household characteristics

· Determine whether such homogeneous characteristics are the result of or inuenced by local government policies or regulatory activities

· Analyze minimum residential lot size and other standards set forth in the land use element and in the zoning ordinance to ascertain whether there is an exclusionary effect on persons with regard to such factors as race, religion, ancestry, national origin, or color

· Consider the analysis of governmental constraints on housing supply

· Determine whether such homogeneous characteristics are the result of or inuenced by nongovernmental actions

· Consider the analysis of nongovernmental constraints on housing supply

· Investigate local covenants, conditions, and restrictions (CC&Rs) to ascertain whether they produce an exclusionary effect with regard to such factors as race, religion, ancestry, national origin, or color

· Investigate the availability of housing purchase and improvement loans to all persons in all areas

· Determine whether there are governmental and nongovernmental constraints on the locality's meeting of its regional share of housing needs for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color

· Investigate the policies and regulations of other jurisdictions that promote housing opportunities for all persons

· Survey the literature regarding successful housing programs

· Use the Book of Lists published annually by the Ofce of Planning and Research to contact other jurisdictions about their housing programs

· Evaluate alternative techniques for administering land use and development controls which will encourage the provision of needed housing for all persons

· Establish a dialogue with and seek housing needs information from housing advocacy groups and the local housing authority

· Ask members of the community for ideas on promoting housing opportunities for all persons

Coastal zone replacement housing (Gov.C. Sections 65588(c)(d) and 65590(h)(2)) - applicable to jurisdictions which are partially or entirely within the Coastal Zone

· Any housing element review or revision pursuant to Government Code section 65588 should take into account all low or moderate-income housing developed to replace coastal zone low or moderate-income housing which was: 1) demolished; 2) converted to a condominium, cooperative, or similar form of ownership; or 3) converted to a nonresi dential use. This accounting must include at least:

- The number of new housing units approved for construction within the coastal zone after January 1, 1982

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* The analysis related to assisted housing development shall be adopted as part of the housing element by January 1, 1992 (Government Code Section 65583(d)).

This cost analysis for replacement housing may be done aggregately for each ve-year period and does not have to contain a project by project cost estimate.

** For the purposes of state and federally funded projects, this analysis need only contain information available on a statewide basis.

- The number of housing units for persons and families of low or moderate income required to be provided in new housing developments either within the coastal zone or within three miles of the coastal zone

- The number of existing residential dwelling units occupied by persons and families of low or moderate income that have been authorized to be demolished or converted since January 1, 1982, in the coastal zone

- The number of residential dwelling units for persons and families of low or moderate income that have been required for replacement

- The designation of the location of the replacement units, either on-site, or elsewhere within the locality's jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality's jurisdiction

IDEAS FOR DEVELOPMENT POLICIES

The housing element should contain a statement of development policies, including goals, quantied objectives, and policies for the preservation, maintenance, improvement, and development of housing. These policies should address the adequate provision of housing to meet the locality's existing and projected housing needs. The goals, objectives, and policies should also direct local decision making with regard to adequate sites for various types of housing, including rental and manufactured dwelling units.

Many of these policy issues overlap. For example, policies promoting housing for all economic segments of the community overlap similar directives addressing the replacement of converted assisted housing units. Furthermore, with regard to adequate housing supply, the statement of development policies should address a group of subordinate housing supply issues, such as those related to governmental constraints and special housing needs.

The following are ideas for a statement of development policies. The various policy considerations are listed under those housing element issues (in bold type) identied or suggested by Government Code Section 65583.

Preservation of housing

· Preservation of:

- Housing, including affordable housing

- Assisted housing developments that are eligible to change to non-low-income housing uses

· The administration of land use and development controls to facilitate the preservation of housing

· The use of incentives to encourage and facilitate the preservation of housing

Maintenance of housing

· Support for the maintenance of housing

· The administration of land use and development controls to facilitate the maintenance of housing

· The use of incentives to encourage and facilitate the maintenance of housing

Improvement and conservation of housing, including affordable housing stock

· Support for the improvement and conservation of existing housing for all economic segments, including affordable housing stock such as:

- Affordable rental housing stock

- Mobilehome parks

- Manufactured housing (e.g., factory-built housing and mobilehomes)

· The administration of land use and development controls to facilitate the improvement and conservation of housing, including affordable housing

· The use of incentives to encourage and facilitate the improvement and conservation of housing, including affordable housing

Development of housing

· Support for the development of housing

· The administration of land use and development controls to facilitate the development of housing

· The use of incentives to encourage and facilitate the development of housing

Adequate sites for housing

· The provision of sites in suitable locations and with adequate services which can collectively accommodate a range of housing (type, size, and price) meeting the needs of all economic segments of the community. Among other things, such policies should address:

- The criteria for zoning of land for single-family, multiple-family, and mixed-use residential developments.

- Policies assuring local compliance with the residential zoning requirements of Govern ment Code Section 65913.1.

- The standards for:

- Public facilities serving residential uses

- Public services serving residential uses

- The use of vacant land for housing.

- The use of redeveloped land for housing

- The criteria for and provision of adequate sites for:

- Housing in general

- Rental housing

- Factory-built housing

- Mobilehomes

- Emergency shelters for families and individuals

- Transitional housing for families and individuals

- Special needs housing

- Amendments to local ordinances governing conditional use permits, variances, tenta tive subdivision maps, parcel maps, etc., to facilitate the provision of adequate sites for housing

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community

Housing needs

· The provision of adequate housing accommodating existing and projected housing needs, including the local share of the region's housing needs, for all economic segments of the community

Household characteristics

· Local housing programs to assist households in achieving an adequate level of housing payments relative to the cost of housing

· Reduction and elimination of overcrowded housing

Housing stock condition

· Support for the maintenance of housing

· Support for the improvement and conservation of dilapidated housing

Resources for meeting existing and projected housing needs

· The availability of:

- Public services

- Public services

- Vacant land

- Redeveloped land

· The use of local public nancing mechanisms to nance public improvements and services for housing, including, but not limited to:

- Special assessment districts

- Mello-Roos community facilities districts

- Special taxes

- Tax increment nancing revenues

- General obligation bonds

- Development impact fees

· The use of federal and state nancing and subsidy programs to meet housing needs

· The use of moneys in a low or moderate-income housing fund derived from redevelop ment nancing activities

Constraints on meeting existing and projected housing needs

· Removal of unnecessary governmental constraints on the preservation, conservation, improvement, maintenance, and development of housing. Such constraints include:

- Overly restrictive land use controls (e.g., large-lot zoning)

- Overly restrictive building code regulations

- Excessive site improvements

- Expensive fees and other exactions required of developers

- Red tape in the administration of land use and development controls

· Zoning ordinance amendments necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Special regulatory concessions further reducing or eliminating constraints on the preser vation, conservation, maintenance, improvement, and development of housing to meet housing needs, including special housing needs

· Public service improvements necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Public facilities improvements necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Removal of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels. Such constraints might include:

- The lack of available nancing

- High land prices

- High construction costs

- Discrimination in the provision of housing based on race, religion, sex, marital status, ancestry, national origin, or color

Special housing needs

· Housing which meets the special needs, including the needs of:

- The handicapped

- The elderly

- Large families

- Farmworkers

- Families with female heads of households

- Families in need of:

- Emergency shelter

- Transitional housing

- Persons in need of:

- Emergency shelter

- Transitional housing

· Standards for evaluating the suitability of individual sites for low and moderate-income (non-marketrate) housing

· Criteria for second dwelling units and granny ats

Residential energy conservation

· Energy conservation features in new and existing housing

· Land use controls encouraging energy conservation (such as solar orientation of subdivi sion lots - see Gov.C. Section 66473.1)

· The use of incentives encouraging energy conservation

Conversion of assisted housing units*

· Appropriate and inappropriate conversions of assisted housing units

Replacement of converted assisted housing units*

· The application of private, local, state, and federal nancing mechanisms to fund the replacement of converted assisted housing units

Preservation of assisted housing units*

· The application of private, local, state, and federal nancing mechanisms to fund the preservation of assisted housing units

Promotion of housing opportunities for all persons

· Creation of the position of local ombudsman to further public and private sector compliance with local, state, and federal equal housing opportunity laws

· The elimination of exclusionary standards from local land use regulations and policies

· The administration of land use and development controls in a way that provides housing opportunities for all persons

_____________________

* Matters related to assisted housing units must be discussed in the housing element by January 1, 1992 (Government Code Section 65583(d)).

· Equitable provision of housing-related public services regardless of race, religion, sex, marital status, ancestry, national origin, or color

Coastal zone replacement housing

· The provision of coastal zone replacement housing pursuant to Government Code Section 65590

IMPLEMENTATION AND FUNDING PROGRAMS

To meet needs and implement policies, the housing element must include a ve-year schedule of current and proposed implementation measures and identify the agencies or ofcials responsible for implementation (Government Code Section 65583(c)).

The following examples illustrate the kinds of actions local governments may take to carry out the policies of their housing elements. These include programs that are statutorily required by housing element law, actions that are mandated by other laws, and other measures which are not mandated, but which may nevertheless address a particular program area.

Adequate sites for housing

Adequate sites for housing means sites that will be available for a variety of housing types to meet the housing needs of all household income levels. Such sites include land that will be available for rental housing, factory-built housing, mobilehomes, emergency shelters, and transitional housing. The housing element's program of implementation actions should:

· Identify sites that:

- Are or will be appropriately zoned for various housing types, including areas zoned pursuant to Government Code Section 65913.1

- Meet or will meet development standards appropriate for various housing types

- Have or will have public services and facilities needed to facilitate and encourage these various housing types

· Specify measures in the administration of land use and development controls that will accommodate these various housing types. The administration of zoning for example includes the processing, approval, and enforcement of conditional use permits and zoning variances. Other measures might include:

- Inventorying surplus public lands, including sites owned by federal, state and local agencies to identify suitable sites for the development of low and moderate income housing

- Designating housing opportunity sites where a minimum percentage of new housing units must be affordable to low and moderate income households

- Establishing and utilizing a municipal housing nance agency

· Describe the regulatory incentives and concessions that will be used to facilitate and encourage these various housing types. These might include:

- A program to acquire land and sell it at a discounted price to developers of low and moderate income housing

- Designating neighborhoods for concentrated housing rehabilitation assistance and public facility improvements

- Offering public improvements or reduced impact fees to projects which provide low-

and moderate-income housing

· Identify the agencies and ofcials responsible for: 1) residential zoning and development standards, 2) public services and facilities that serve housing, 3) the administration of land use controls, and 4) regulatory incentives and concessions.

· Establish and describe a ve year schedule for carrying out each of these actions relative adequate sites for housing

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Assistance in the development of housing for low and moderate income households

· Identify measures which the local government intends to undertake or facilitate that will assist in the development of adequate housing to meet the needs of low and moderate -income households. Such measures could include:

- Regulatory incentives, such as density bonuses exceeding the state requirements

- Zoning ordinance provisions for development of second residential units on existing lots

- Mixed-use zoning districts to encourage combining residential with other uses

- Zoning ordinance provisions for mobilehome subdivisions and mobilehome parks

- A linkage program that requires developers of industrial and commercial projects to contribute to the development of affordable housing (e.g., sites, units, fees) for employees and/or other low income households

- Development agreements that guarantee the availability of below-market priced homes in the project

- Residential design that promotes energy conservation.

- Federally funded programs for the construction and rehabilitation of housing, such as:

- Section 202 - Direct Loans for Elderly or Handicapped Housing

- Section 502 - Rural Home Ownership Assistance

- Section 515 - Rural Rental Housing Assistance

- State funded programs for the construction and rehabilitation of housing such as:

- Family Housing Demonstration Program (HCD)

- Home Mortgage Purchase Program (California Housing Finance Agency) (CHFA)

- Predevelopment Loan Program (HCD)

- Rental Housing Construction Program (HCD)

- Rental Housing Mortgage Loan Program (CHFA)

- Self-Help Housing (CHFA & HCD - note: HCD's program provides technical assistance and development assistance; CHFA's program provides purchase mort gages)

- AB 665 (1982) Bonds renteroccupied construction

- California Indian Assistance Program (HCD)

- Funds authorized by the Marks-Foran Residential Rehabilitation Act and SB 99 - New Construction

· Utilize the required 20% set aside of redevelopment agency tax increment revenues to nance low and moderate income housing (Low and Moderate Income Housing Fund)

· Provide density bonuses and other incentives to developers who include units affordable to low- or very low-income households, or for senior households

· Identify of the agencies and ofcials responsible for administering these measures

· Establish and describe a ve-year schedule for implementing assistance in the develop ment of adequate housing

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Removal of governmental constraints

· Describe a program which the local government intends to use in systematically removing governmental constraints on the maintenance, improvement, and development of housing, where appropriate and legally possible. Removal of constraints might involve:

- Changes in the administration of land use and development controls that facilitate and encourage the maintenance, improvement, and development of housing

- Reduction in permit requirements for projects providing low- and moderate-income housing.

- Holding pre-application conferences and administering the local review process to streamline permit processing for developments that include low and moderate cost units.

- Establishing a single administrative unit to coordinate processing of multiple permits for residential developments

- Participating in the Rural Development Assistance Program (HCD) to reduce govern mental constraints by obtaining water and wastewater project loans and grants

· Allow manufactured homes on permanent foundation systems to be installed on all single -family zoned lots under the same approval process as for site-built homes

· Identify the agencies and ofcials responsible for the removal of each of the identied governmental constraints on housing

· Establish and describe a ve-year schedule for removing governmental constraints

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Conservation and improvement of the condition of affordable housing stock

· Identify and describe the actions which the local government will undertake or facilitate in conserving and improving the condition of the existing affordable housing stock. Such measures could include:

- Federal nancing and subsidy programs, such as:

- Housing and Community Development Act Block Grants (entitlement grants for cities and urban counties)

- Section 17 - Rental Housing Rehabilitation

- Section 312 - Rehabilitation Loans

- State Financing and subsidy programs, such as:

- California Energy Conservation Rehabilitation Program (formerly known as the PVEA Program)

- California Housing Rehabilitation Program - Owner and Rental Components (HCD)

- Deferred Payment Rehabilitation Loan Fund (HCD)

- Home Ownership Mortgage Bond Program (CHFA)

- Home Ownership Assistance Program (HCD)

- Home Purchase Assistance Program (CHFA)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Rental Housing Mortgage Loan Program (CHFA)

- State Earthquake Rehabilitation Assistance Program (HCD)

- State Rental Rehabilitation Program (HCD)

- State Legalization Impact Assistance Grant Program (HCD)

- State/Local Multifamily Program (CHFA)

- Local nancing and subsidy programs, such as:

- Municipal Housing Finance Agency

- Marks-Foran Residential Rehabilitation Act and SB 99 New Construction

- AB 1355 (1980) Bonds owneroccupied construction

- AB 3507 (1982) Bonds CalFirst Home Buyers Program (CHFA)

- SB 1149 (1981) Bonds employee housing for public entities

- Offering regulatory incentives to projects which rehabilitate existing housing

- Enacting an ordinance regulating demolition of housing units and conversion of housing units to other uses (e.g., ofce, commercial)

- Establishing an equity-sharing program to provide affordable home ownership or rental housing opportunities for low and moderate income households

- Establishing a house sharing program to match housing suppliers with those seeking special housing accommodations (e.g., elderly)

- Establishing a local housing authority or nonprot development corporation to develop and operate low and moderate income housing

- Encouraging the development of cooperative housing projects to allow low and moderate income households to enjoy the benets of home ownership

- Enacting an ordinance requiring replacement of housing units demolished due to public or private action

- Changing the administration of land use and development controls

- Rehabilitating residential hotels for very low and low income households

- Undertaking a program to enforce building and housing codes, nanced in part with proceeds from denial of state tax benets to code violators

- Enacting an occupancy ordinance requiring pre-sale code inspection and compliance before title to the property is transferred

· Identify the agencies and ofcials responsible for implementing the various actions

· Establish and describe a ve-year schedule for implementing each of the actions under taken by the local government to conserve and improve the condition of the existing affordable housing stock

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Promotion of housing opportunities for all persons

· Describe actions which the local government is undertaking or intends to undertake to promote housing opportunities for all persons regardless of race, religion, sex, marital status, national origin, or color. Such actions might include:

- Establishing a fair housing council to promote equal housing opportunities.

- Distributing fair housing information and referring housing complaints to the local fair housing ofce.

- Discouraging redlining practices in lending and insurance underwriting by withdraw ing local funds from, or ceasing business relationships with, institutions that discrimi nate.

- Establishing open housing programs, such as afrmative marketing, to expand housing opportunities for low income and minority households.

- Translation of permit instructions into a commonly and locally used foreign language

- Participation in state programs designed to promote housing opportunities for typically ill-housed groups, such as:

- California Indian Assistance Program (HCD)

- Community Development Block Grant Program (Stateadministered, for small cities) (HCD)

- Emergency Shelter Program (HCD)

- Farmworker Housing Grant Program (HCD)

- Federal Emergency Shelter Grants Program (HCD)

- Housing Assistance Program (Stateadministered Section 8) (HCD)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Ofce of Migrant Services (HCD - operates housing for farmworkers)

- Permanent Housing for the Handicapped Homeless (HCD)

- Senior Citizen Shared Housing Program (HCD)

· As part of this description, identify the agencies and ofcials responsible for each such action

· Establish and describe a ve-year schedule of each local government activity related to the promotion of housing opportunities for all persons

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Preservation of assisted housing for lower-income households*

A program to preserve for lower income households of the assisted housing developments identied pursuant to paragraph (8) of subdivision (a) of Government Code section 65583. (See the preceding "Ideas for Data and Analysis.") The program shall utilize all available federal, state, and local nancing and subsidy programs identied in paragraph (8) of subdivision (a) of section 65583, except where a community has other urgent needs for which alternative funding sources are unavailable.

· Possible nancing and subsidy sources might include:

- Federal nancing and subsidy sources, such as:

- Rent Assistance Programs (e.g., conventional public housing, Section 8 vouchers)

- State nancing and subsidy sources, such as:

- Deferred Payment Rehabilitation Loan Fund (HCD)

- Farmworker Housing Grant Program (HCD)

- Mobilehome Park Assistance Program (HCD)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Rental Security Deposit Guarantee Demonstration Program (HCD)

- State Legalization Impact Assistance Program (HCD)

- Local nancing and subsidy sources, such as:

______________________

* The program for preserving assisted housing development shall be adopted in the housing element by January 1, 1992 (Government Code Section 65583(d)).

- Tax Increment Financing through the California Community redevelopment Law

- The program may address local regulatory strategies. For example, the program might call for:

- Regulatory concessions

- Regulatory incentives

- Modications to the administration of land use and development controls that facilitate the preservation of assisted housing for lower income households

· The program may address local strategies for providing technical assistance

· The program shall identify the agencies and ofcials responsible for each of the actions undertaken to preserve such assisted housing

· The program shall establish and describe a ve-year schedule for each of the actions involve in preserving assisted housing.

· Identify the means by which consistency will be achieved with other general plan elements and community goals.

Public participation

The local government must make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element. The program of actions for implementing the housing element shall describe these public participation efforts.

This effort could include public hearings at the planning commission and government body level, a citizens' advisory group to assist in development of the element, circulation of draft elements to housing interest groups, and special advertising and outreach measures to inform citizens of all economic segments about the process.

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the housing element: Business, Transportation and Housing Agency; California Coastal Commission; General Services; Department of Housing and Community Development; California Housing Finance Agency; and Ofce of Planning and Research.

Contents

Mineral Resources

Mineral

Protection

CONSERVATION ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(d): [The general plan shall include] a conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, sheries, 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. 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 for the accomplishment of the conservation plan.

(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.

Public Resources Code Section 2762: (a) Within 12 months of receiving the mineral information described in [Public Resources Code] Section 2761, and also within 12 months of the designation of an area of statewide or regional signicance within its jurisdiction, every lead agency shall, in accordance with state policy, establish mineral resource management policies to be incorporated in its general plan which will:

(1) Recognize mineral information classied by the State Geologist and transmitted by the [State Mining and Geology] board.

(2) Assist in the management of land use which affect areas of statewide and regional signicance.

(3) Emphasize the conservation and development of identied mineral deposits.

(b) Every lead agency shall submit proposed mineral resource management policies to the board for review and comment prior to adoption.

(c) Any subsequent amendment of the mineral resource management policy previously reviewed by the board shall also require review and comment by the board . . . .

Public Resources Code Section 2763: (a) If the area is designated by the board as an area of regional signicance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision (a) of Section 2762, or otherwise has not yet acted pursuant to subdivision (a) of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision (d) of Section 2762. Lead agency land use decisions involving areas designated as being of regional signicance shall be in accordance with the lead agency's mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of these minerals to their market region as a whole and not just their importance to the lead agency's area of jurisdiction.

(b) If the area is designated by the board as an area of statewide signicance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision (a) of Section 2762, or otherwise has not yet acted pursuant to subdivision (a) of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision (d) of Section 2762. Lead agency land use decisions involving areas designated as being of statewide signicance shall be in accordance with the lead agency's mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of the mineral resources to the state and nation as a whole.

Public Resources Code Section 2764: (a) Upon the request of an operator or other interested person and payment by the requesting person of the estimated cost of processing the request, the lead agency having jurisdiction shall amend its general plan, or prepare a new specic plan or amend any applicable specic plan, that shall, with respect to the continu ation of the existing surface mining operation for which the request is made, plan for future land uses in the vicinity of, and access routes serving, the surface mining operation in light of the importance of the minerals to their market region as a whole, and not just their importance to the lead agency's area of jurisdiction.

(b) In adopting amendments to the general plan, or adopting or amending a specic plan, the lead agency shall make written legislative ndings as to whether the future land uses and particular access routes will be compatible or incompatible with the continuation of the surface mining operation, and if they are found to be incompatible, the ndings shall include a statement of the reasons why they are to be provided for, notwithstanding the importance of the minerals to their market region as a whole or their previous designation by the board, as the case may be.

(c) Any evaluation of a mineral deposit prepared by a lead agency for the purpose of carrying out this section shall be transmitted to the State Geologist and the [State Mining and Geology] board.

(d) The procedure provided for in this section shall not be undertaken in any area that has been designated pursuant to Article 6 (commencing with Section 2790) if mineral resource management policies have been established and incorporated in the lead agency's general plan in conformance with Article 4 (commencing with Section 2755).

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The conservation element overlaps provisions found in the openspace, land use, safety and circulation elements. It differs, however, from other portions of the general plan in that it is almost exclusively oriented toward natural resources. The conservation element emphasizes the conservation, development and utilization of specied resources and also provides a list of issues which local governments may address at their option.

Cities and counties have been required to have conservation elements in their general plans since December 31, 1973. Conservation element issues are perhaps even more timely today than in the early 1970s. Finite resources continue to dwindle as do those which are renewable (in the absence of proper management). At the same time California's population continues to increase and, consequently, so does resource demand. It is a therefore vital and mandatory that local governments address resource concerns in their conservation elements.

COURT INTERPRETATIONS

In Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 (as modified 222 Cal.App.3d 516a) the California Court of Appeal affirmed that a general plan may consist of several documents. Nevertheless, the information in associated documents, when not referenced by the general plan, may not compensate for deficiencies in the conservation element.

RELEVANT ISSUES

To the extent applicable, the following issues must be addressed by a city's or county's conservation element with regard to the conservation, development, and utilization of natural resources:

· Water and its hydraulic force

· Forests

· Soils

· Rivers and other waters

· Harbors

· Fisheries

· Wildlife

· Minerals

· Other natural resources

· Water program developed in coordination with other water agencies

· Mineral issues alluded to under Public Resources Code Sections 2762, 2763, and 2764.

The conservation element may also cover the following optional issues:

· The reclamation of land and waters

· The prevention and control of the pollution of streams and other waters

· Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan

· Prevention, control, and correction of the erosion of soils, beaches, and shores

· Protection of watersheds

· The location, quantity and quality of rock, sand and gravel resources

· Flood control

IDEAS FOR DATA AND ANALYSIS

To prepare a conservation element, a city or county will need to appraise its natural resources. Here are some ideas for the data collection and analysis necessary for the development of natural resource policies.

Water, Water Bodies and Related Matters

· Mapping of water resources, including rivers, lakes, streams, bays, estuaries, reservoirs, ground water basins (aquifers), and watersheds (Map) (LU, OS)

· Mapping of the boundaries of watersheds, aquifer recharge areas, and ground water basins (including depths) (Map) LU, OS)

· Mapping of the boundaries and description of unique water resources (e.g., salt water and fresh water marshes and wild rivers) (Map) (LU, OS)

· Assessment of the current and future quality of various bodies of water, water courses, and ground water (LU, OS)

· Inventory of existing and future water supply sources for domestic, commercial, indus trial, and agricultural uses (LU, OS)

· Analysis of the effects of climate on bodies of water (e.g., seasonal factors in water availability) (LU, OS)

· Assessment of existing and projected demands upon water supply sources (LU, OS)

· Assessment of the adequacy of existing and future water supply sources (LU, OS)

· Mapping of riparian vegetation (Map) (LU, OS)

· Assessment of the use of water bodies for recreation purposes (LU, OS)

· Identication of existing and/or potential hydroelectric power generating sites (LU, OS)

Forests

· Inventory of forest resources (Map) (LU, OS)

- Description of the type, location, amount, and ownership of forests with a value for commercial timber production, wildlife protection, recreation, watershed protection, aesthetics, and other purposes

- Description of the types, location, amount, and lot sizes of land and timber resources subject to Timberland Production Zoning (see Chapter V)

- Identication of areas of ve acres or more containing oak woodlands made up of Blue, Engelman, Valley or Coast Live oak species (map)

Soils

· Inventory of soil resources (Map) (LU, OS)

- Classication of soils (including identication of prime agricultural land) in the planning area by the Storie Index or the U.S. Soil Conservation Service's Land Capability Classication system (See "Denitions: Natural Resources" in this chapter)

- Identication of areas subject to soil erosion

Harbors

· Assessment of the adequacy of port, harbor, and waterrelated transportation facilities and the need for expansion and improvements (LU, CI)

- Historical data on the use of facilities

- Projection of future demand based on new or expanded economic activities and recreational trends

- Review harbor and port district plans for improvements

Fisheries

· Identication of water bodies and watersheds that must be protected to promote continued recreational and commercial shing including key sh spawning areas

Wildlife

· Inventory of natural vegetation, sh and wildlife and their habitats, including rare and endangered species (Map) (OS, LU)

- Inventory plants, natural communities and special animals using the California Department of Fish and Game's "Natural Diversity Data Base." The data base covers all areas of the state and produces overlay printouts for use with U.S.G.S. quadrangle maps. Contact the NonGame Heritage Program of the California Department of Fish and Game

- Predict the types of animals that might be found in a particular habitat, the time of year they might be found there, and their activities (e.g., breeding) using information from the "Wildlife Habitat Relationships Program." Contact the Wildlife Management Division of the California Department of Fish and Game.

Minerals Including Rock, Sand and Gravel Resources

· Inventory of mineral resources. (Map) (LU, OS)

- Identication of the type, location, extent, and quality of mineral resources, as well as oil, gas, and geothermal resources

- Location of mineral resource areas classied or designated by the State Mining and Geology Board under the Surface Mining and Reclamation Act (Map) (LU, OS)

- Identication of existing mining areas and oil, gas and geothermal wells (and associated developments) (Map) (LU, OS)

Water Programs Coordinated with Other Water Agencies

· Identify any countywide water agency and all district and city agencies which have developed, served, controlled or conserved water for any purpose.

· Obtain pertinent water program information from those agencies.

· Determine how the local water program can be coordinated with these agencies' programs.

Reclamation of Land

· Inventory of lands adversely affected by mining, prolonged irrigation, landll activities, the storage or disposal of hazardous materials, erosion, etc., for which reclamation may be feasible (Map) (LU, OS)

Pollution of Water Bodies

· Examination of the existing water quality in aquifers, streams, and other bodies of water

· Identication of existing and potential water pollution sources

- Inventory of hazardous materials dumps, ponds and storage sites (using information plans developed pursuant to Health and Safety Code Sections 25500 et seq.)

- Identication of proposed, existing, and abandoned landll sites (map)

- Examination of the results of groundwater tests conducted in the vicinities of landlls and hazardous materials dumps, ponds, tanks, and storage areas

- Examination of regulations regarding the use, storage and disposal of hazardous materials

- Inventory of existing and proposed land uses that could contribute to the pollution of streams and other waters

Conservation: The management of natural resources to prevent waste, destruction, or neglect.

Erosion: The process by which soil and rock are detached and moved by running water, wind, ice, and gravity.

Habitat: The natural environment of a plant or animal.

Important Farmland Series Maps: Maps drafted by the U.S. Department of Agriculture Soil Conservation Service and modied by the California Department of Conservation to show farmland and urban areas in California. These maps are based on modern soil surveys published by the Soil Conservation Service, and initially cover all or part of 40 counties within California. They are for information only and do not constitute a state prescription for local land use.

The maps use eight classications: "Prime Farmland," "Farmland of Statewide Impor tance," "Unique Farmland," "Farmland of Local Importance," "Grazing Land," "Urban and Builtup Land," "Other Land," and "Land Committed to Nonagricultural Use." The Department of Conservation has detailed denitions of these classications. Generally they are dened as follows:

Prime Farmland: Land with the best combination of physical and chemical character istics for the production of agricultural crops.

Farmland of Statewide Importance: Land, other than "Prime Farmland," with a good combination of physical and chemical characteristics for the production of agricultural crops.

Unique Farmland: Land which does not meet the criteria for "Prime Farmland" or "Farmland of Statewide Importance" that is currently used for the production of high economic value crops such as oranges, olives, avocados, rice, grapes and cut owers. The California Department of Conservation maintains a current list of Unique Farmland crops.

Farmland of Local Importance: Land, other than the above dened farmland types, of importance to the local agricultural economy, as determined by each county's board of supervisors.

Grazing Land: Land on which the existing vegetation is suited to the grazing or browsing of livestock.

Urban and BuiltUp Land: Land containing urbantype development including supporting infrastructure. The minimum residential density is one structure per 1.5 acres.

Land Committed to Nonagricultural Use: Land that is permanently committed by local elected ofcials to nonagricultural development by virtue of decisions which cannot be reversed simply by a majority vote of a city council or county board of supervisors. "Land Committed to Nonagricultural Use" must be designated in an adopted local general plan for future nonagricultural development. The resulting development must meet the requirements of "Urban and Builtup Land" or "Other Land." County boards of supervisors and city councils have the nal authority to designate lands in this category.

Other Land: Land which does not meet the criteria of other mapping categories.

Continued ¤

The minimum mapping unit is 10 acres, except for "Grazing Land" which is 40 acres. Areas smaller than the minimum mapping unit are incorporated into the surrounding map classication. The maps are available at cost from the California Department of Conserva tion. They come in two scales:

(1) 1:100,000 scale (one inch on the map represents 100,000 inches on the ground): depicts Important Farmland Series map categories and geographic information on a countywide basis.

(2) 1:24,000 scale (one inch on the map represents 24,000 inches on the ground) overlay map: a more detailed version of the 1:100,000 scale map which must be used in conjunction with a U.S. Geological Survey quadrangle map.

Land Capability Classication (U.S. Soil Conservation Service): A grouping of soils into classes (IVIII), subclasses, and units according to their suitability for agricultural use, based on soil characteristics and climatic conditions.

Minerals: Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (Public Resources Code Section 2005). Gold, sand, gravel, clay, crushed stone, limestone, diatomite, salt, borate, potash, etc., are examples of minerals. Despite the statutory denition of "mineral," local governments may also wish to consider geothermal, petroleum and natural gas resources along with their planning for minerals.

NonRenewable Natural Resources: Inanimate resources that do not increase signicantly with time and whose use diminishes the total stock (e.g., minerals, fossil fuels and fossil water).

Prime Agricultural Land: "Prime agricultural land" means the following:

(1) All land which qualies for rating as Class I or Class II in the Soil Conservation Service land use capability classications.

(2) Land which qualies for rating 80 through 100 in the Storie Index Rating.

(3) Land which supports livestock used for the production of food and ber and which has an annual carrying capacity equivalent to at least one animal unit per acre as dened by the United States Department of Agriculture.

(4) Land planted with fruit or nutbearing trees, vines, bushes, or crops which have a nonbearing period of less than ve years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.

(5) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous ve years (Government Code Section 51201 (c)). (NOTE: This statutory denition may be somewhat dated.)

Renewable Natural Resources: Resources that can be replaced by natural ecological cycles or sound management practices (e.g., forests and plants).

Riparian Habitat: The land and plants bordering a watercourse or lake.

Storie Index: A numerical system (0100) rating the degree to which a particular soil can grow plants or produce crops, based on four factors, including soil prole, surface texture, slope, and soil limitations.

Timber: " . . . [T]rees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but . . . not . . . nursery stock" (Government Code Section 51104(e)).

Timberland Production Zone: An area which has been zoned pursuant to Government Code Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses.

Watershed: The total area above a given point on a watercourse that contributes water to the ow of the watercourse; the entire region drained by a watercourse.

Wetlands: Areas that are permanently wet or periodically covered with shallow water, such as saltwater and freshwater marshes, open or closed brackish marshes, swamps, mud ats, and fens.

· Identication of the need for community sewage collection and treatment

· Assessment of the capacities of sewers and the treatment capacities of sewage treatment plants

Reclamation of Water

· Identication of polluted water bodies for which reclamation is feasible

Erosion

· Identication of areas subject to erosion using soils data from the U.S. Soil Conservation Service (map)

· Assessment of historical data regarding beach and shore erosion

· Identication of areas subject to potential beach and shore erosion (map)

Flood Control

· Identication of oodprone areas using among other things: (Map) (LU, S)

- National Flood Insurance Program maps published by the Federal Emergency Manage ment Agency;

- Information available from the U.S. Army Corps of Engineers;

- State Reclamation Board designated oodway maps;

- Dam failure inundation maps prepared pursuant to California Government Code Section 8589.5;

- Locally prepared maps of oodprone areas; and,

- Historic data on ooding including information from conversations with longtime local residents.

· Identication of present and possible ood control works, their effects and effectiveness and their costs including: (Map) (LU, S)

- Dams

- Reservoirs

- Levees

- Flood walls

- Sea walls

- Channel alterations

- Diversion channels and weirs

· A description of federal, state and local agencies involved in ood control including information such as (LU, S):

- Jurisdictions;

- Regulatory powers;

Conservation Element

- Existing ood plain regulations such as presidential or gubernatorial executive orders, interstate compacts, and statutes;

- The Federal Emergency Management Agency's National Flood Insurance Program; and,

- Available funding and technical assistance.

· Identication of existing and planned development in ood plains including:

- Structures, roads, utilities;

- Construction methods or designs to protect against ooding; and,

- Compliance with existing regulations for ood control.

Other Natural Resources (examples)

· Inventory of agricultural resources, including grazing land (LU, OS)

- Identication of the location, amount, and ownership of land in agricultural produc tion (map)

- Description of agricultural production in the planning area by crop type

- Identication of farmlands in accordance with the U.S. Soil Conservation Service's Important Farmland Inventory System maps. (See "Denitions: Natural Resources" in this chapter.) (map)

· Assessment of air quality (OS)

- Analysis of air quality trends

- Assessment of existing air quality

- Analysis of the potential impacts on air quality of alternative plan proposals and implementation measures

- Identication of air quality impacts from vehicle emissions

- Identication of air quality impacts from all other sources

· Inventory of energy producing resources

- Inventory of resources, including wind, solar, hydroelectric, and biomass (using forest, domestic, and agricultural wastes)

- Inventory of energy conservation opportunities, including transportation economies, urban design (i.e., land use patterns), and residential, commercial, and industrial conservation programs

IDEAS FOR DEVELOPMENT POLICIES

The conservation element should contain goals, objectives, policies, principles, plan propos als and standards for the conservation, development and utilization of a city's or county's natural resources. They should be carefully matched with those of the land use and open -space elements. Here are some ideas for what might be covered by such development policies:

· The protection, use, and development of bodies of water and water courses (i.e., rivers, lakes, streams, bays, harbors, estuaries, marshes, and reservoirs) (OS)

· The type and intensity of development in or adjacent to water bodies and courses (LU, OS)

· The protection of and development in watersheds and aquifer recharge areas (LU, OS)

· The conservation of wetlands such as salt water and fresh water marshes (OS)

· The protection of wild rivers (OS)

· The protection or improvement of water quality (OS)

· The provision of domestic, industrial, and agricultural water (OS)

· The conservation of ground water

· The conservation of water

· The conservation of riparian vegetation (OS)

· The designation of hydroelectric power generating sites (map) (LU)

· The management and protection of forestry resources (LU, OS)

· The conservation of forests for wildlife protection, recreation, aesthetic purposes, etc. (LU, OS)

· The protection and preservation of oak woodlands (OS)

· The application of timberland production zoning (LU)

· The rezoning of land zoned for timberland production (LU)

· The management and use of agricultural soils (LU, OS)

· Erosion control and prevention (OS, S)

· The development and improvement of port, harbor, and waterway facilities (CI)

· The protection of water bodies and watersheds that are important for the management of commercial and recreational shing (LU, OS)

· The protection of sh and wildlife and their habitats (OS)

· The protection of plant species and their habitats (OS)

· The protection of rare and endangered plants and animals and their habitats (OS)

· The protection, use, and development of mineral deposits, including oil and gas and geothermal resources. (This should include policies developed under the Surface Mining and Reclamation Act (see Chapter VI)) (OS)

· Development adjacent to or near mineral deposits, mining sites, and oil, gas, and geothermal developments (LU, OS)

· Coordination of water programs with other water agencies

· Land reclamation in areas where mining, prolonged irrigation, landll activities, hazard ous materials storage or disposal, erosion, etc., have occurred (LU)

· The protection of water quality

· The elimination of existing water pollution sources

· The development, improvement and timing of major sewer, water and storm drainage projects (LU, CI)

· The siting of landlls in relation to water bodies (among other considerations)

· The siting of hazardous materials storage and disposal facilities with regard to nearby water bodies (and other considerations) (LU)

· The use of hazardous materials in areas where water pollution is possible

· The reclamation of polluted water bodies

· Erosion control (OS, S)

· Flood control (LU, OS, S) Contents

· The conservation, development and utilization of other natural resources such as:

- farm and grazing lands (LU, OS)

- air quality (LU, CI, OS)

- energy resources (H)

· The protection or improvement of air quality (LU, CI, OS)

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the conservation element: Department of Boating and Waterways, California Coastal Commis sion, State Coastal Conservancy, Department of Conservation, Energy Resources, Conser vation and Development Commission, Department of Fish and Game, Department of Food and Agriculture, Department of Forestry, Department of Parks and Recreation (Resource Protection Division), Department of Water Resources, Wildlife Conservation Board, and Ofce of Planning and Research.

OPEN SPACE ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(e): [The general plan shall include] an openspace element as provided in Article 10.5 (commencing with [Government Code] Section 65560).

Government Code Section 65560: (a) "Local openspace plan" is the openspace element of a county or city general plan adopted by the board or council, either as the local openspace plan or as the interim local openspace plan adopted pursuant to Section 65563.

(b) "Openspace land" is any parcel or area of land or water which is essentially unimproved and devoted to an openspace use as dened in this section, and which is designated on a local, regional or state openspace plan as any of the following:

(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 sh and wildlife species; areas required for ecologic and other scientic study purposes; rivers, streams, bays and estuaries; and coastal beaches, lake shores, 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 ber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commer cial sheries; 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 lake shores, beaches, and rivers and streams; and areas which serve as links between major recreation and openspace 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, ood plains, watersheds, areas presenting high re risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

Government Code Section 65561: The Legislature nds and declares as follows:

(a) That the preservation of openspace land, as dened 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 ber, for the enjoyment of scenic beauty, for recreation and for the use of natural resources.

(b) That discouraging premature and unnecessary conversion of openspace land to urban uses is a matter of public interest and will be of benet to urban dwellers because it will discourage noncontiguous 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 denite plans for the preservation of valuable openspace 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 interest 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 charter cities, of statewide coordinated plans for the conservation and preservation of openspace lands.

(e) That for these reasons this article is necessary for the promotion of the general welfare and for the protection of the public interest in openspace land.

Government Code Section 65562: It is the intent of the Legislature in enacting this article:

(a) To assure that cities and counties recognize that openspace land is a limited and valuable resource which must be conserved wherever possible.

(b) To assure that every city and county will prepare and carry out openspace plans which, along with state and regional open-space plans, will accomplish the objectives of a comprehensive openspace program.

Government Code Section 65563: On or before December 31, 1973, every city and county shall prepare, adopt and submit to the Secretary of the Resources Agency a local openspace plan for the comprehensive and longrange preservation and conservation of openspace land within its jurisdiction . . . .

Government Code Section 65564: Every local openspace plan shall contain an action program consisting of specic programs which the legislative body intends to pursue in implementing its open-space plan.

Government Code Section 65566: Any action by a county or city by which openspace land or any interest therein is acquired or disposed of or its use restricted or regulated, whether or not pursuant to this part, must be consistent with the local open-space plan.

Government Code Section 65567: No building permit may be issued, no subdivision map approved, and no openspace zoning ordinance adopted, unless the proposed construction, subdivision or ordinance is consistent with the local openspace plan.

Legislative Intent

Action Program

Consistency

Trails

Statutory Compliance

Internal

Consistency

Meaning

Public Resources Code Section 5076: In developing the openspace element of a general plan as specied in subdivision (e) of Section 65302 of the Government Code, every city and county shall consider demands for trailoriented recreational use and shall consider such demands in developing specic openspace programs. Further, every city, county, and district shall consider the feasibility of integrating its trail routes with appropriate segments of the state system.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The Legislature added the requirement for an openspace element to state law in 1970, with compliance required by December 31, 1973. Along with the housing element, the openspace element has a clear statutory intent (see Government Code Sections 65561 and 65562) and, next to land use, is broadest in scope (see the rst paragraph of Government Code Section 65563 and subdivision (b) of Government Code Section 65560). Because of this breadth, open space issues overlap those of several other elements.

For instance, the land use element's issues of agriculture, natural resources, recreation, enjoyment of scenic beauty and (to a certain extent) public grounds are covered by open space provisions. "Open space for the preservation of natural resources" and "open space used for the managed production of resources" encompass the concerns of the conservation element. "Open space for public health and safety" covers issues similar to those found in the safety element.

COURT INTERPRETATIONS

Save El Toro Assn. v. Days (1977) 74 Cal.App.3d 64, reinforces the open-space plan requirement. The California Court of Appeal held that because the city of Morgan Hill had not adopted an openspace plan, the city could not acquire, regulate or restrict open space land or approve a subdivision map. Mere adoption, however, does not protect a local jurisdiction from the adverse consequences of a law suit challenging an openspace element. An openspace element must also meet the specications of the Government Code, including an inventory of open space resources.

An important aspect of a legally adequate openspace element is its standing in a general plan. Openspace elements have equal legal status with all other elements. The California Court of Appeal in Sierra Club v. Kern County (1981) 126 Cal.App.3d 698, voided a precedence clause that gave a land use element priority over an open-space element on the grounds that it violated Government Code Section 65300.5 (requiring that elements of a general plan comprise an integrated, internally consistent and compatible statement of policy).

No Oil, Inc. v. City of Los Angeles (1988) 196 Cal.App.3d 223 offers an interpretation of the meaning of the term "open space for the managed production of resources." A citizens' group challenged the city's approval of oil drilling zones in a coastal area designated as open space by the Brentwood-Pacic Palisades district plan. Absent specic contradictory language in the district plan, the court held that because oil recovery is the managed production of a natural resource it was therefore consistent with the plan's open space areas. In light of this decision, we strongly suggest that local general plans specify the types of land use which are intended to comprise open space.

RELEVANT ISSUES

The issues addressed by an openspace element shall include any of the following (Government Code Section 65560 and Public Resources Code Section 5076):

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 sh and wildlife;

· Areas required for ecologic and other scientic study; rivers, streams, bays and estuaries; coastal beaches, lake shores, banks of rivers and streams, and watersheds;

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 ber;

· Areas required for recharge of ground water basins;

· Bays, estuaries, marshes, rivers and streams which are important for the management of commercial sheries; and,

· Areas containing major mineral deposits, including those in short supply.

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 lake shores, beaches, and rivers and streams;

· Areas which serve as links between major recreation and openspace reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.

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, ood plains, watersheds, areas presenting high re risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

· Open space areas designed for fuel break and fuel reduction zones, helispots, and re access. Open space re safety standards and policies can be implemented by the adoption of open space zoning regulations. Such regulations would help eliminate the owner-by -owner agreements and public agency nancing now necessary for construction and maintenance.

Demands for trailoriented recreational use (Public Resources Code Section 5076). (Cities and counties must consider such demands in developing specic openspace programs.)

The feasibility of integrating city and county trail routes with appropriate segments of the California Recreational Trails System (Public Resources Code Section 5076). (See the California Recreational Trails Act, commencing with Public Resources Code Section 5070.)

IDEAS FOR DATA AND ANALYSIS

The following are suggested topics for the data collection and analysis necessary for the development of open space policies:

Open Space for the Preservation of Natural Resources

· Inventory of natural vegetation, sh and wildlife and their habitats, including rare and endangered species (Map) (CO, LU)

- Inventory of plants, natural communities and special animals using the California Department of Fish and Game's "Natural Diversity Data Base." The data base covers all areas of the state and produces overlay printouts for use with U.S.G.S. quadrangle maps. Contact the NonGame Heritage Program of the California Department of Fish and Game.

- Listing of the types of animals that might be found in a particular habitat, the time of year they might be found there, and their activities using information from the "Wildlife Habitat Relationships Program." Contact the Wildlife Management Divi sion of the California Department of Fish and Game.

- Inventory of existing and proposed areas for ecologic and other scientic study

- Inventory of oak woodlands (CO)

- Identication of existing oak woodlands where the density of trees is ve or more oaks per acre and Blue, Engelman, Valley or Coast Live oak species dominate (map)

- Assessment of the effects of past land use decisions upon oak woodlands and identication of factors causing any decline in the oak woodlands

· Inventory of water resources, including rivers, lakes, streams, bays, estuaries, reservoirs, ground water basins (aquifers), and watersheds (map) (CO)

- Mapping of water bodies (map)

- Identication of the uses of waterways and other bodies of water (e.g., transportation, harbors, and domestic, industrial, agricultural, and recreational use)

- Delineation of the boundaries of watersheds, aquifer recharge areas and the depth of ground water basins

- Analysis of the effects of weather on bodies of water (e.g., seasonal factors in water availability)

· Assessment of the quality of various bodies of water, water courses, and ground water

- Delineation of the boundaries and description of unique water resources (e.g., saltwater and freshwater marshes and wild rivers)

- Mapping of beaches, lake shores and river and stream banks

- Review of plans prepared by the state for designated wild and scenic rivers (map)

Open Space for Resource Management

· Inventory of forest resources (LU, CO)

- Description of the type, location, amount, and ownership of forests with a value for commercial timber production, wildlife protection, recreation, watershed protection, aesthetics, and other purposes (map)

- Description of the type, location, amount, and ownership of land and timber resources subject to Timberland Production Zoning (map)

· Inventory of agricultural resources, including rangeland (LU, CO)

- Identication of the location, amount, and ownership of land in agricultural produc tion (map)

- Description of agricultural production in the planning area by crop type

· Inventory of soil resources (CO)

- Classication of soils (including identication of prime agricultural land) in the planning area by the Storie Index or the U.S. Soil Conservation Service's Land Capability Classication system (see "Useful Denitions And Information" in the section of this chapter dealing with the conservation element) (map)

- Identication of areas subject to soil erosion

· Inventory of ground water recharge areas (map) (CO)

· Inventory of water bodies that are important for the management of commercial sheries (map) (CO)

· Inventory of mineral resources (LU, CO)

- Identication of the type, location, extent, and quality of mineral resources, including oil and gas (map)

- Description of the location and extent of geothermal resources (map)

- Location of mineral resource areas, classied and designated by the State Mining and Geology Board under the Surface Mining and Reclamation Act (map)

Open Space for Outdoor Recreation

· Inventory and analysis of other areas of outstanding scenic beauty (map) (LU)

· Inventory and analysis of historic and cultural resources, including archaeological sites and historically and architecturally signicant structures, sites, and districts (map) (Note: because of the possibility that archaeological sites may be vandalized, the exact locations of the sites should not be publicized.)

· Assessment of the demand for public and private parks and recreational facilities and an inventory of areas particularly suited to parks and recreational purposes (LU)

- Description of the type, location, and size of existing public (federal, state, regional, and local) and private parks and recreational facilities (map)

- Review of federal, state, regional, and local plans and proposals for the acquisition and improvement of public parks (map)

- Assessment of present and future demands for parks and recreational facilities

· Inventory of points of public access to lake shores, beaches, rivers and streams (map) (LU)

· Inventory and analysis of scenic highway corridors

- Identication of state highways included in the Master Plan of State Highways Eligible for Ofcial State Designation and local highways of scenic signicance. (map)

- Assessment of identied scenic highway corridors and their appropriate boundaries, scenic features, and relationship to surroundings, the incompatible, existing develop ment within the corridor, the proposed realignments or improvements, and the potential for future public and private development within the corridor

· Inventory of recreational trails and areas and an assessment of the demand for them (map) (LU)

· Inventory of trails proposed by and developed under the California Recreational Trails Plan of 1978 (California Department of Parks and Recreation see Public Resources Code Sections 5076 and 5070 et seq.)

Open Space for Public Health and Safety

· General geology and seismic history of the region and the planning area (S)

· Assessment of the potential for surface rupture (S)

- Geological evaluation of the potential for displacement along active and potentially active faults in the planning area (map)

- Location of Special Studies Zones designated by the State Geologist under the AlquistPriolo Special Studies Zones Act (see Chapter VI) (map)

· Assessment of the potential for ground shaking (S)

- Identication of active and potentially active faults in the region (map)

- Historical data on seismic ground shaking within the planning area

- Geological evaluation of the potential for ground shaking based on a maximum credible earthquake (map)

· Assessment of the potential for ground failure (S)

- Geological evaluation of the potential for seismically induced landslides, mudslides, liquefaction, and soil compaction (map)

· Assessment of slope stability (CO, S)

- Historical data on landslides and mudslides

- Geological evaluation of the potential for landslides and mudslides (map)

· Assessment of the potential for cliff erosion (S)

- Historical data on cliff erosion

- Geological evaluation of the potential for cliff erosion (map)

· Assessment of the potential for land subsidence (S)

- Historical data on land subsidence resulting from extraction of ground water, gas, oil and geothermal resources and from hydrocompaction and peat oxidation

- Geological evaluation of the potential for further subsidence (map)

· Identication of oodprone areas using: (LU, CO, S)

- National Flood Insurance Program maps published by the Federal Emergency Manage ment Agency;

- Information from the U.S. Army Corps of Engineers;

- State Reclamation Board designated oodway maps (for the Sacramento and San Joaquin Valleys only);

- Dam failure inundation maps prepared pursuant to California Government Code Section 8589.5;

- Locally prepared maps of oodprone areas; and/or,

- Historical data on ooding including information from conversations with longtime local residents.

· Identication of watersheds and key areas for the protection of water quality and reservoirs (map) (CO)

· Assessment of the risk of wild land res (S)

- Identication and classication of areas of varying re hazard severity based on fuel loading (vegetation), weather and slope, and historical data (map)

- Identication of the development, facilities, and people in and near hazardous areas

- Evaluation of the adequacy of access to hazardous areas (e.g., types of roads, deadend roads)

· Identication of areas necessary for the protection and enhancement of air quality (map)

IDEAS FOR DEVELOPMENT POLICIES

The open-space element should contain goals, objectives, policies, principles, plan proposals and standards for the preservation and utilization of a city's or county's open space areas and resources. They should be carefully matched with those of the land use, conservation and safety elements. In addition, the range of uses that will be considered compatible within open space areas should be specied. Here are some ideas for what might be covered by such development policies:

· The protection of sh and wildlife and their habitats, including rare and endangered species (CO)

· The protection of rare and endangered plants (CO)

· Development in or near existing and proposed areas of ecologic or other scientic study

· The protection and preservation of oak woodlands and the mandatory replacement planting of native oaks where oak woodlands are proposed for alteration (CO)

· The protection, use, and development of water bodies and water courses (e.g., rivers, lakes, streams, bays, harbors, estuaries, marshes, and reservoirs) (CO)

· Land use characteristics in watersheds (LU, CO)

· The protection of beaches, lakeshores and river and stream banks (CO)

· The protection of aquifer recharge areas, including specication of minimum parcel sizes (LU, CO)

· The protection of water quality (CO)

· The protection of designated wild and scenic rivers (CO)

· The protection of forestry resources, including specications for compatible uses and minimum parcel sizes (LU, CO)

· The protection, use and development of agricultural lands (e.g., eld crops, orchards, grazing, etc.), including specications for compatible uses and minimum parcel sizes (LU)

· The use of timberland production zoning (LU, CO)

· The prevention of soil erosion (CO, S)

· The preservation of ground water recharge areas

· The protection of water bodies and watersheds that are important for the management of commercial sheries (CO)

· Land use relationships in areas containing major mineral deposits including policies, plan proposals, and standards developed under the Surface Mining and Reclamation Act (see Chapter VI) (LU, CO)

· Protection of areas of outstanding scenic beauty (LU)

· The protection of archaeological sites (LU)

· The preservation of historically or culturally signicant sites (LU)

· The type, location, acquisition, development, and management of public and private parks and recreational areas (LU)

· Park exactions under the Subdivision Map Act (Quimby Act Government Code Section 66477(d)) (LU)

· The protection and improvement of access to lakeshores, beaches, rivers and streams (LU)

· The development of local scenic highway corridors

· The preservation of aesthetic scenery within scenic highway corridors

· The protection, improvement, development, and maintenance of recreational trails and related facilities

· Coordination of trails with access to waterways required under the Subdivision Map Act

· The integrating of local trails with state and federal trail systems (see Public Resources Code Section 5076)

· The type, location, and intensity of development in areas of seismic hazards (LU, S)

· The type, location, and intensity of land uses in areas with unstable soils (LU, CO, S)

· The type, location and intensity of land uses within oodprone areas (LU, CO, S)

· The type, location and intensity of development in areas subject to inundation from dam failures (LU, S)

· The type, location, and intensity of land uses in rehazard areas (S)

IDEAS FOR OPENSPACE ACTION PROGRAMS

Pursuant to California Government Code Section 65564, "Every local open-space plan shall contain an action program consisting of specic programs which the legislative body intends to pursue in implementing its openspace plan." The Office of Planning and Research describes some ideas for open space action programs in its publication Putting Action into the Open Space Element: Techniques for Preserving Open Space and Farmland . This OPR publication elaborates on many of the action programs listed below. While the rst item on the list (i.e., some type of openspace zoning) is a state requirement for counties and general law cities, the other ideas are suggestions only and are meant to stimulate thinking about action programs.

· Openspace zoning pursuant to California Government Code Section 65910 (e.g., exclusive agriculture zones, largelot zones, overlay zones for hazards areas, etc.)

· Public acquisition of open space (see Chapter V)

· Private acquisition of open space (e.g., land trusts or conservancies)

· Preferential assessments (see Chapter V)

· Conditional use permit exactions

· Application of the Quimby Act to subdivision approvals (see Government Code Section 66477)

· Provisions for open space in specic plans (see Chapter V)

· Provisions for open space in development agreements (see Chapter V)

· Transfer of development rights (see Chapter V)

· Open space in planned unit developments

· Open space standards included in a performance zoning ordinance (see Chapter V)

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the open space element: Air Resources Board, California Coastal Commission, State Coastal Conservancy, Department of Conservation (Division of Land Resource Protection and Division of Mines and Geology), Department of Fish and Game, Department of Forestry, Department of Parks and Recreation, Seismic Safety Commission, Department of Water Resources, and Wildlife Conservation Board.


NOISE ELEMENT

PERTINENT GOVERNMENT CODE SECTIONS

Government Code Section 65302(f): [The general plan shall include] a noise element which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines adopted by the Ofce of Noise Control in the State Department of Health Services and shall 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 online railroad operations and ground rapid transit systems.

(4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overights, 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 classication yards.

(6) Other ground stationary noise sources identied 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 identied 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 element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. [Note: See Appendix A-1 of these guidelines for information on the state's noise insulation standards.]

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

Scope

Noise Contours

Analyze and Quantify

Other Agencies

BACKGROUND

The requirement for noise element preparation was rst enacted in 1971. In 1976, the Department of Health Services issued Noise Element Guidelines (Health and Safety Code Section 46050.1) followed shortly thereafter by a model noise ordinance. AB 2038's (Chap. 1009, Stats. 1984) revisions to the general plan statutes made extensive changes to the noise element requirements. Generally, these revisions shortened the list of state required issues and encouraged local governments to design their own approaches to noise control. The underlying purpose of the noise element, to limit community exposure to excessive noise levels, remains unchanged.

Major changes to the noise element statute include: (1) deleting the minimum measurement level of 60 dB(A); (2) deleting references to specic classes of sensitive uses; (3) deleting the requirement for a "community noise exposure inventory . . . which identies the number of persons exposed to various levels of noise throughout the community;" (4) shifting the responsibility for providing noise information from the agencies responsible for identied noise sources to the local jurisdiction; and, (5) deleting specic reference to consistency with the circulation element. The intent of these changes is to give local governments greater exibility in identifying local levels of concern, in identifying sensitive uses, and in tailoring their noise element to local conditions.

Local governments must "analyze and quantify" noise levels and the extent of noise exposure through actual measurement or the use of noise modeling. As a result, technical data relating to mobile and point sources of noise must be collected and synthesized into a set of noise control policies and programs that "minimizes the exposure of community residents to excessive noise." Noise level contours must be mapped and the conclusions of the element used as a basis for land use decision making.

By inference, the noise element should guide the location of new roads and transit facilities as well as land use since these future arterial roads and transit systems may become major sources of noise. Furthermore, the noise element must include a discussion of methods to implement noise policies and standards sufcient to comply with state noise insulation requirements.

The 1987 revision of the General Plan Guidelines updated the Noise Element Guidelines. The revised guidelines are found in Appendix A.

Caltrans administers several programs related to noise control along freeways. In general, these are applied to residential and school uses that preexisted the particular freeway. For instance, noise attenuating walls are installed along the freeway frontages of qualied residential development under the "New Construction or Reconstruction" and "Commu nity Noise Abatement" programs. In addition, there are still a number of schools adjacent to freeways which have qualied for the "School Noise Abatement Program" funds for the acoustical attenuation of classrooms.

Technical assistance in preparing a local noise ordinance is available from the California Department of Health Services, Ofce of Noise Control. Also, the Department of Transportation's Ofce of Transportation Laboratory publishes the "CALTRANS Noise Manual" and numerous reports on mitigating transportation noise.

COURT INTERPRETATIONS

As of this writing, no noise element prepared since the statute's 1984 revision has been the subject of an appellate court decision or Attorney General opinion. However, three past appellate court cases remain germane. The content of this element was one of the central issues in Camp v. County of Mendocino (1981) 123 Cal.App.3d 334. Mendocino County's element did not quantify noise levels, did not include an inventory of current and expected noise exposure (noise contours), and was apparently not supported by monitoring data. As a result, the court found the element to be inadequate. The county's argument that the existing element was sufcient for a quiet rural county was not persuasive of the court, since the statute was neither subjective nor geographical. The Camp decision underscores the importance of comprehensive data collection and analysis.

The decision in Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176, highlights the importance of including the noise element in the land use decision making process. In this instance, where a conditional use permit for a surface mining operation was at issue, the appeal court stated: "A quantitative inventory of existing transportation noise must be compared with that added by a particular project. The aggregate noise level must be measured against policy statements and standards required to be in the general plan." It is apparent that the noise element must be adequate to serve as the basis for analyzing projects which may potentially increase noise levels.

Pursuant to the decision in Guardians of Turlock's Integrity v. City of Turlock (1983) 149 Cal.App.3d 584, a general plan is invalid if it lacks a noise element. Furthermore, in the words of the court: "Unless the general plan sets noise guidelines, an EIR addressing noise issues lacks meaning."

RELEVANT ISSUES

The contents of the noise element will vary between local jurisdictions. A local element should accurately reect the noise environment, the stationary sources of noise, and the impacts of noise on local residents. Based upon the "shoe ts" doctrine, the noise element will be as detailed as necessary to describe the local situation and mitigate local noise problems. Issues include:

· Identication and appraisal of major noise sources;

· Existing and projected levels of noise and noise contours for major noise sources;

· Determination of the extent of "noise problems in the community;" and,

· Selection and imposition of methods of noise attenuation and the protection of residences from excess noise.

IDEAS FOR DATA AND ANALYSIS

The following are suggested topics for data collection and analysis:

Identication and appraisal of major noise sources

· Identication of major noise sources including:

- Highways and freeways

- Primary arterials and major local streets

- Passenger and freight online railroad operations and ground rapid transit systems

- Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overights, jet engine test stands, and all other ground facilities and mainte nance functions related to airport operation

- Local industrial plants, including, but not limited to, railroad classication yards

- Other ground stationary noise sources identied by local agencies as contributing to the community noise environment

· Appraisal of major noise sources and the extent of the problems, they may create for the community

Analysis and quantication of the local noise environment

· Selection of the method of noise measurement or modeling to be used in the noise element

· Measurement of major sources of noise including, but not limited to, highways and freeways, arterial and major streets, railroads, railroad yards, ground rapid transit, airports and aviationrelated sources, industrial plants, and other stationary ground sources

· Mapping of noise level contours, expressed in CNEL or Ldn, for the area surrounding each of the identied noise sources

· Projections of future noise sources, noise levels, and anticipated impacts upon existing and proposed residences

· Analysis of the current and future impacts on community residents of noise emanating from the identied sources

Minimizing Noise Exposure

· Identifying local noise problems and areas of conict between noise sources and residential uses.

· Adoption of noise impact and attenuation standards, consistent with the Noise Element Guidelines and the state noise insulation standards.

· Adoption of policies, plan proposals, and implementation programs for mitigating noise impacts on residential areas, correlated with the land use and circulation elements. (LU, CI)

IDEAS FOR DEVELOPMENT POLICIES

Again, the content of the local element will reect the local situation. The following are the types of development policies that might be contained in a local noise element. The local agency should adopt policies for each of the issues identied in the element. The policies should:

· Evaluate the location and design of new residential development near identied major noise sources (LU)

· Evaluate the impacts of noise on the community

· Protect existing developed areas from excess noise levels

· Guide the location and design of transportation facilities to minimize the effects of noise on adjacent land uses (CI)

· Control noise at the source through the use of insulation, berms, building design /orientation, buffer yards, staggered operating hours, and other techniques (LU, OS)

· Minimize noise exposure around airports in correlation with the policies of the local Airports Land Use Plan (LU)

· Correlate noise element concerns with the land use, circulation, and open space elements in order to minimize community noise exposure

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the noise element: Department of Health Services (Local Environmental Health Services Branch - Noise Control Program), and Ofce of Planning and Research.


SAFETY ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(g): [The general plan shall include a] safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence and other geologic hazards known to the legislative body; ooding; and wild land and urban res. 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 identied re 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 Ofce of Emergency Services for the purpose of including information known by and available to the department and the ofce required by this subdivision.

To the extent that a county's safety element is sufciently 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 ndings 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 ndings prior to nal adoption of the safety element or amendment unless the division's ndings 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 ndings are not available within those 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 ndings are not available with those prescribed time limits, the legislative body may take the division's ndings 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 adopted safety element or amendments. The division may review adopted safety elements or amendments and report its ndings. All ndings made by the division shall be advisory to the planning agency and legislative body.

Government Code Section 65302.5: With respect to the safety element required in the general plan, pursuant to subdivision (g) of Section 65302, each county which contains state responsibility areas, as determined pursuant to Section 4125 of the Public Resources Code, shall comply with Section 4128.5 of the Public Resources Code.

Public Resources Code Section 4102: "State responsibility areas" means areas of the state in which the nancial responsibility of preventing and suppressing res has been determined by the [State Board of Forestry] pursuant to [Public Resources Code] Section 4125, to be primarily the responsibility of the state.

Public Resources Code Section 2697: (a) Cities and counties shall require, prior to approval of a project located in a seismic hazard zone, a geotechnical report dening and delineating any seismic hazard. If the city or county nds that no undue hazard of this kind exists, based on information resulting from studies conducted on sites in the immediate vicinity of the project and of similar soil composition to the project site, the geotechnical report may be waived. After the report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geological datum, or data, warranting further investigation is not recorded. Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report.

(b) In meeting the requirements of this section, cities and counties shall consider the policies and criteria established pursuant to this chapter. If a project's approval is not in accordance with the policies and criteria, the city or county shall explain the reasons for the differences in writing to the State Geologist, within 30 days of the project's approval. [Note: these policies and criteria must be developed by the state Mining and Geology Board by January 1, 1992, pursuant to Public Resources Code Section 2695 (Chapter 1168, Stats. 1990).]

Public Resources Code Section 2699: Each city and county, in preparing the safety element to its general plan pursuant to subdivision (g) of Section 65302 of the Government Code, and in adopting or revising land use planning and permitting ordinances, shall take into account the information provided in available seismic hazard maps. [Note: these maps will not be available until sometime after 1992, pursuant to Public Resources Code Section 2696 (Chapter 1168, Stats. 1990).]

Critical Facility: Facilities which either (1) provide emergency services or (2) house or serve many people who would be injured or killed in case of disaster damage to the facility. Examples include hospitals, re stations, police and emergency services facilities, utility facilities, and communications facilities.

Fault: A fracture or zone of closely associated fractures along which rocks on one side have been displaced with respect to those on the other side. A fault zone is a zone of related faults which commonly are braided, but which may be branching. A fault trace is the line formed by the intersection of a fault and the earth's surface.

Active Fault: A fault which has exhibited surface displacement within Holocene time (approximately the past 11,000 years).

Potentially Active Fault: A fault which shows evidence of surface displacement during Quaternary time (the last 2 million years).

Flooding: A rise in the level of a water body or the rapid accumulation of runoff, including related mudslides and land subsidences, that results in the temporary inundation of land that is usually dry. Riverine ooding, coastal ooding , mud oods or mudows, lake ooding , alluvial fan ooding , ash ooding, levee failures, tsunamis, and uvial stream ooding are among the many forms that ooding takes.

Ground Failure: Mudslide, landslide, liquefaction or soil compaction.

Hazardous Building: A building that may be hazardous to life in the event of an earthquake because of partial or complete collapse. Hazardous buildings may include:

(1) Those constructed prior to the adoption and enforcement of local codes requiring earthquake resistant building design;

(2) Those constructed of unreinforced masonry;

(3) Those which exhibit any of the following characteristics:

· exterior parapets or ornamentation which may fall on passersby;

· exterior walls that are not anchored to the oors, roof or foundation;

· sheeting on roofs or oors incapable of withstanding lateral loads;

· large openings in walls that may cause damage from torsional forces;

· lack of an effective system to resist lateral forces; or

· non-ductile concrete frame construction.

Hazardous Material: An injurious substance, including pesticides, herbicides, toxic metals and chemicals, liqueed natural gas, explosives, volatile chemicals, and nuclear fuels.

Landslide: A general term for a falling mass of soil or rocks.

Liquefaction: A process by which water-saturated granular soils transform from a solid to a liquid state during strong ground shaking.

Peakload Water Supply: The supply of water available to meet both domestic water and re ghting needs during the particular season and time of day when domestic water demand on a water system is at its peak.

Seiche: An earthquake-induced wave in a lake, reservoir, or harbor.

Continued ¤

Board of

Forestry Review

Public Resources Code Section 4125: (a) The [State Board of Forestry] shall classify all lands within the state, without regard to any classication of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the nancial responsibility of preventing and suppressing res in all areas which are not so classied is primarily the responsibility of local or federal agencies, as the case may be.

(b) On or before July 1, 1991, and every 5th year thereafter, the [Department of Forestry and Fire Protection] shall provide copies of maps identifying the boundaries of lands classied as state responsibility pursuant to subdivision (a) to the county assessor for every county containing any such lands. The department shall also notify county assessors of any changes to state responsibility areas within the county resulting from periodic boundary modications approved by the board.

Public Resources Code Section 4128.5: (a) It is the intent of the Legislature that decisions affecting the use of land in state responsibility areas result in land uses which protect life, property, and natural resources from unreasonable risks associated with wild land res.

(b) At least 90 days prior to the adoption or amendment to the safety element of its general plan, the planning agency of each county which contains state responsibility areas shall submit the draft element or draft amendment to the [State Board of Forestry] and to every local agency which provides re protection to unincorporated territory in the county. The board shall, and a local agency may, review the draft and report its written recommendations to the planning agency within 60 days of its receipt of the draft. The board and local agency shall review the draft for consistency with the intent of this section. The board and local agency may offer written recommendations for changes to the draft which would make the draft consistent with the intent of this section.

(c) Prior to the adoption of its draft element or draft amendment, the board of supervisors of the county shall consider the recommendations made by the [State Board of Forestry] and any local agency which provides re protection to unincorporated territory in the county. If the board of supervisors determines not to accept all or some of the recommendations, if any, made by the board or local agency, the board of supervisors shall communicate in writing to the board or local agency its reasons for not accepting the recommendations. The com munication shall explain how its decisions affecting the uses of land and policies in state responsibility areas will protect lives, property, and natural resources from unreasonable risks associated with wild land res.

Subsidence: The gradual, local settling or sinking of the earth's surface with little or no horizontal motion (subsidence is usually the result of gas, oil, or water extraction, hydrocompaction, or peat oxidation, and not the result of a landslide or slope failure).

Seismically Induced Surface Rupture: A break in the ground's surface and associated deformation resulting from the movement of a fault.

Tsunami: A wave, commonly called a tidal wave, caused by an underwater seismic disturbance, such as sudden faulting, landslide, or volcanic activity.

Wildland Fire: A re occurring in a suburban or rural area which contains uncultivated lands, timber, range, watershed, brush or grasslands. This includes areas where there is a mingling of developed and undeveloped lands.

(d) If the [State Board of Forestry] or local agency's recommendations are not available within the time limits set by this section, the board of supervisors may act without them. The board of supervisors shall take the recommendations into consideration at the next time it considers future amendments to the safety element.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

In 1975 the Legislature adopted SB 271 (Chapter 1104) making the safety element a mandatory part of the general plan. When it took effect in 1976 this legislation required cities and counties to adopt, at a minimum, general plan policies relating to re safety, ooding, and geologic hazards.

Nine years later the Legislature adopted AB 2038 (Ch. 1009, Stats. 1984) expanding the list of mandatory safety element issues. The additional concerns focused on seismic safety. Essentially, the Legislature took the issues previously considered in the seismic safety element and made them safety element requirements. At the same time, the Legislature deleted the seismic safety element from the list of mandatory general plan elements.

The safety element aims at reducing death, injuries, property damage, and the economic and social dislocation resulting from natural hazards. While it focuses on re, ooding, geologic, and seismic hazards, it may also address other locally relevant safety issues such as vehicle accidents, hazardous materials spills, crime, power failures, and storm drainage. Some local jurisdictions have even chosen to incorporate their hazardous waste management plans into their safety elements.

The safety element is the primary vehicle for relating local safety planning to city and county land use decisions. A city or county should establish land use planning policies, standards, and designations based on the criteria set forth in the safety element.

Likewise, local decisions related to zoning, subdivisions, entitlement permits, and the like should be tied to the safety element's identication of hazards and hazard abatement provisions. The element is a suitable forum for hazard reduction design criteria. It is also the appropriate locale for local government policies supporting hazard mitigation measures - such as land use regulations and project conditions of approval.

For example, the safety element must identify urban fringe and rural-residential areas that are prone to wildland re hazards. It also analyzes systems, such as adequate evacuation routes and peakload water supplies, that can reduce re hazards. The safety element should then take the next step of setting forth project design requirements to reduce re hazard levels. It may also form the basis for the adoption of strategic re defense system zoning within hazard prone areas.

Seismic Safety

Hazard

Mitigation

Fire Safety Regulations

Information Services

The re safety provisions denoted in the safety element should be prepared and adopted in conjunction with the State Board of Forestry's re safety regulations. Public Resources Code section 4290 requires the board to pass minimum statewide re safety standards pertaining to:

· Road standards for re equipment access.

· Standards for signs identifying streets, roads, and buildings.

· Minimum private water supply reserves for emergency re use.

· Fuel breaks and greenbelts.

With certain exceptions, all new construction in state responsibility areas after July 1, 1991 must meet these new standards. The state requirements, however, will not supersede more restrictive local regulations.

The State Board of Forestry and the Department of Forestry and Fire Protection are excellent sources of information regarding re hazard abatement planning and regulatory measures. The Ofce of Emergency Services and the Division of Mines and Geology can also supply safety element advice, particularly in the areas of emergency response, inundation resulting from dam failure, seismic hazards, and geologic hazards. In addition, the Department of Water Resources, pursuant to Government Codes Section 65303.4 may develop site design and planning policies to assist local agencies which request help in implementing ood control objectives and other land management needs.

COURT INTERPRETATIONS

As of this writing, the provisions of a safety element have not been the subject of an interpretation by either an appellate court or the California Attorney General.

RELEVANT ISSUES

The safety element must examine the issues related to protecting the community from any unreasonable risks associated with:

· Seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure;

· Slope instability leading to mudslides and landslides;

· Subsidence and other known geologic hazards;

· Flooding; and

· Wildland and urban res.

It must also address the following as they relate to known re and geologic hazards:

· Evacuation routes;

· Peakload water supply requirements;

· Minimum road widths; and

· Clearances around structures.

The safety element must contain a map or maps of known seismic and other geologic hazards.

Recommendations for Wildland Fire Planning Standards

In anticipation of state regulations, local governments should consider adopting the following recommended re safety standards in state responsibility areas. Local govern ments may also apply these recommendations to wildland re areas outside of state responsibility areas.

Access and Evacuation Routes: There should be sufcient access for emergency vehicles and for the evacuation of residents. Two or more routes of access should be provided, preferably on different sides of the development.

Road and Structural Identication: All roads in wildland re areas should be well marked and homes should have addresses in plain view.

Roadway Widths: Roadways should allow for two-way trafc with room for parking on at least one side.

Water Supply: There should be sufcient water supply for re suppression units in the event of a wildland re.

IDEAS FOR DATA AND ANALYSIS

The following are suggested as topics for consideration during the data collection and analysis phase of preparing a safety element.

The general geology and seismic history of the region and the planning area (OS)

· Map known seismic and geologic hazards (map) (OS)

The potential for seismically induced surface rupture

· Location of Special Studies Zones designated by the State Geologist under the Alquist -Priolo Special Studies Zones Act (see Chapter VI) (map) (OS)

· Geotechnical evaluation of the potential for displacement along active and potentially active faults in the planning area (map) (OS)

The potential for seismically induced ground shaking

· Identication of active and potentially active faults in the region (map) (OS)

· Historical data on seismic ground shaking within the planning area

· Geotechnical evaluation of the potential for localized ground shaking based on a maximum credible earthquake (map)

· Identication of hazardous or substandard structures which may be subject to collapse in the event of an earthquake including, but not limited to, unreinforced masonry buildings pursuant to Government Code section 8875 et seq.

The potential for seismically induced ground failure

· Geotechnical evaluation of the potential for seismically induced landslide, mudslide, liquefaction, and soil compaction (map) (OS)

The potential for seismically induced seiches and tsunamis

· Historical data on the occurrence of tsunamis and seiches within the planning area (OS)

· Geotechnical evaluation of the potential "run-up" of tsunami and seiche waters (map) (OS)

The potential for seismically induced dam failure

· Identication of the areas that would be inundated in the event of a dam failure (map) (OS)

· Identication of the development, facilities, and people potentially at risk in areas subject to inundation (OS)

Slope instability and the associated risk of mudslides and landslides

· Historical data on landslides and mudslides (OS)

· Identication of areas that are landslide-prone by using, among other resources, the State Geologist's landslide hazard maps prepared pursuant to Public Resources Code Section 2628 (map) (OS)

· Geotechnical evaluation of the local potential for landslides and mudslides (map) (OS)

The potential for land subsidence and other known geologic hazards

· Historical data on land subsidence resulting from extraction of groundwater, natural gas, oil, and geothermal resources and from hydrocompaction and peat oxidation (OS)

· Geotechnical evaluation of the potential for further subsidence (map)

· Evaluation of potential risks associated with other known geologic hazards, such as volcanic activity, avalanche, or cliff erosion

The potential for ooding

· Historical data on ooding, such as frequency and intensity (LU, CO, OS)

· Identication of areas within oodplains or subject to inundation by a 100-year ood (map) (LU, CO, OS)

The risk of wildland res

· Identication and classication of areas of varying re hazard severity based on degree of development, fuel loading (vegetation), weather and slope, accessibility to re protection assistance (i.e., response time, availability of helispots, proximity of air tanker attack bases, etc.), historic data, and other pertinent information (map) (OS)

The risk of res in urban areas

· Identication and classication of areas of varying re hazard severity based on age, condition, size, occupancy and use of structures, spacing between them, access, re ows, re crew and equipment availability, response time, historical re data, and other pertinent information (map)

Emergency evacuation routes, as they relate to known re and geologic hazards

· Evaluation of the adequacy of access routes to and from hazardous areas relative to the degree of development or use (e.g., road width, road type, length of dead-end roads, etc. (OS, CI)

· Potential improvements necessary to avoid unreasonable community risk

Peakload water supply requirements necessary to avoid unreasonable risks from known re and geologic hazards

· Evaluation of the adequacy of the existing peakload water supply

· Projection of future peakload water supply, demand, and needed improvements, if any, to ensure the provision of adequate water supplies

Minimum road widths and clearances around structures necessary to avoid unreason able risks from known re and geologic hazards

· Evaluation of the adequacy of existing standards

· Analysis of the need for revised standards.

IDEAS FOR DEVELOPMENT POLICIES

The safety element should contain goals, objectives, policies, principles, plan proposals and standards to protect the community from re, ooding, earthquakes, and other geologic hazards. A safety element may also address other issues of local concern such as hazardous materials handling, crime prevention, and disaster/emergency services coordination.

Here are some ideas for the general types of policies which may be incorporated into the safety element. Policies may take the following forms:

· Development standards and restrictions within Alquist-Priolo Special Studies Zones including limits on allowable development, development intensity, and setbacks from the fault trace (OS)

· Requirements for geotechnical evaluation, prior to site development, of the potential for displacement along identied active and potentially active faults (OS)

· Removal or rehabilitation of hazardous or substandard structures which may be expected to collapse in the event of an earthquake including, but not limited to, unreinforced masonry buildings pursuant to Government Code section 8875 et seq., bridges, and critical facilities

· Requirements for geotechnical evaluation, prior to site development, of the potential for seismically induced landslide, mudslide, liquefaction, and soil compaction in areas where such hazards have been identied (OS)

· Development standards and restrictions such as limits on the types of allowable develop ment, development intensity/density standards, and subdivision design policies for sites subject to seismically induced landslide, mudslide, liquefaction, or soil compaction

· Use of "geologic hazard abatement districts" for the purpose of prevention, mitigation, abatement or control of geologic hazards pursuant to Public Resources Code Sections 26500 et seq.

· Development standards and restrictions such as subdivision design policies and building setbacks within areas subject to inundation as a result of a tsunami or seiche (OS)

· Development standards and restrictions to minimize potential risk within areas that would be inundated as a result of dam failure (OS)

· Requirements for geotechnical evaluation, prior to site development, of the potential for landslides and mudslides in identied hazard areas (OS)

· Development standards and restrictions such as density/intensity standards for slopes, subdivision design policies, and generalized performance standards for sites subject to landslides and mudslides

· Requirements for geotechnical evaluation, prior to development, of subsidence potential in areas of known risk

· Development standards and restrictions such as limits on density and restrictions on water wells in areas subject to subsidence

· Development policies, standards, and requirements which reduce the risk of geologic hazards relative to:

- Evacuation routes

- Minimum road widths

· Setback requirements and subdivision design within areas subject to other known geologic hazards, e.g., volcanic activity, avalanches, or cliff erosion

· Contingency plans for immediate post-earthquake response and longer term reconstruc tion activities in areas potentially subject to signicant damage

· Requirements for evaluating the potential risks associated with other known geologic hazards, such as volcanic activity, avalanches or cliff erosion, prior to development

· Development standards and restrictions within identied oodplains or areas subject to inundation by a 100-year ood. These might include subdivision design, setback requirements, and development intensity/density standards. (LU, CO, OS)

· Development policies, standards, and restrictions which reduce the risk of urban and wildland res to a reasonable level, including:

- Design, reservation, and requirements regarding evacuation routes

- Peakload water supply requirements and performance standards for urban, suburban, and rural development

- Minimum road widths

- Clearances around structures

- Fire equipment response time

- Land use intensity/density standards

- Subdivision design for re safety

- Fire safe building materials

· Standards conforming to the re safety standards established by the State Board of Forestry for state responsibility areas (Public Resources Code Section 4290):

- Road Standards for re equipment access

- Standards for signs identifying streets, roads, and buildings

- Minimum private water supply reserves for emergency re use

- Fuel breaks and greenbelts

- Land use policies and safety standards that take into account the recurrent nature of wildland res

- Design standards establishing minimum road widths and clearances around structures

- Emergency preparedness protocol and procedures

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the safety element: Department of Conservation Division of Mines and Geology, Ofce of Emergency Services, Department of Forestry and Fire Protection, Seismic Safety Commission, Caltrans, Department of Water Resources, and Ofce of Planning and Research.

Useful Safety Element References

County Comprehensive Earthquake Preparedness Planning Guidelines (1985), Bay Area Regional Earthquake Preparedness Project, MetroCenter, 101 Eighth St., Suite 152, Oakland, CA 94607, (415) 540-2713. 49+ pp.

Checklist of Nonstructural Earthquake Hazards (1985), Bay Area Regional Earthquake Preparedness Project, MetroCenter, 101 Eighth St., Suite 152, Oakland, CA 94607, (415) 540-2713. 86 pp.

A Discussion of the County General Plan and Role of Strategic Fire Protection Planning (1989), by Bob Irwin, available from the California Department of Forestry and Fire Protection, 1416 Ninth St., P.O. Box 944246, Sacramento, CA 94244-2460

Earthquake Vulnerability Analysis for Local Governments (1989), Bay Area Regional Earthquake Preparedness Project, MetroCenter, 101 Eighth St., Suite 152, Oakland, CA 94607, (415) 540-2713. 14 pp.

Fault-Rupture Hazard Zones in California (Rev. 1988), Alquist-Priolo Special Studies Zones Act of 1972 with Index to Special Studies Zones Maps, Special Publication 42, Department of Conservation, Division of Mines and Geology, 1416 Ninth Street, Room 1341, Sacramento, CA 95814.

Fire Safe Guides for Residential Development in California (1980), available from the California Department of Forestry and Fire Protection, 1416 Ninth St., P.O. Box 944246, Sacramento, CA 94244-2460. 32 pp.

Guidebook to Identify and Mitigate Seismic Hazards in Buildings (1987), with separate appendix; free from the California Seismic Safety Commission, 1900 "K" St., Suite 100, Sacramento, CA 95814, (916) 322-4917. 76 pp.

Landslide Loss Reduction: A Guide for State and Local Government Planning (1989), Federal Emergency Management Administration, Earthquake Hazards Reduction Series 52, FEMA 182. 50 pp.

Landslide Hazard Maps California State Geologist

Putting Seismic Safety Policies to Work (1988), available from the Bay Area Regional Earthquake Preparedness Project, MetroCenter, 101 Eighth St., Suite 152, Oakland, CA 94607, (415) 540-2713. 40 pp.


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