2005 California Government Code Sections 65300-65303.4 Article 5. Authority for and Scope of General Plans

GOVERNMENT CODE
SECTION 65300-65303.4

65300.  Each planning agency shall prepare and the legislative body
of each county and city shall adopt a comprehensive, long-term
general plan for the physical development of the county or city, and
of any land outside its boundaries which in the planning agency's
judgment bears relation to its planning.  Chartered  cities shall
adopt general plans which contain the mandatory elements specified in
Section 65302.
65300.5.  In construing the provisions of this article, the
Legislature intends that the general plan and elements and parts
thereof comprise an integrated, internally consistent and compatible
statement of policies for the adopting agency.
65300.7.  The Legislature finds that the diversity of the state's
communities and their residents requires planning agencies and
legislative bodies to implement this article in ways that accommodate
local conditions and circumstances, while meeting its minimum
requirements.
65300.9.  The Legislature recognizes that the capacity of California
cities and counties to respond to state planning laws varies due to
the legal differences between cities and counties, both charter and
general law, and to differences among them in physical size and
characteristics, population size and density, fiscal and
administrative capabilities, land use and development issues, and
human needs.  It is the intent of the Legislature in enacting this
chapter to provide  an opportunity for each city and county to
coordinate its local budget planning and local planning for federal
and state program activities, such as community development, with the
local land use planning process, recognizing that each city and
county is required to establish its own appropriate balance in the
context of the local situation when allocating resources to meet
these purposes.
65301.  (a) The general plan shall be so prepared that all or
individual elements of it may be adopted by the legislative body, and
so that it may be adopted by the legislative body for all or part of
the territory of the county or city and such other territory outside
its boundaries which in its judgment bears relation to its planning.
  The general plan may be adopted in any format deemed appropriate or
convenient by the  legislative body, including the combining of
elements.  The legislative body may adopt all or part of a plan of
another public agency in satisfaction of all or part of the
requirements of Section 65302 if the plan of the other public agency
is sufficiently detailed and its contents are appropriate, as
determined by the legislative body, for the adopting city or county.
   (b) The general plan may be adopted as a single document or as a
group of documents relating to subjects or geographic segments of the
planning area.
   (c) The general plan shall address each of the elements specified
in Section 65302 to the extent that the subject of the element exists
in the planning area.  The degree of specificity and level of detail
of the discussion of each such element shall reflect local
conditions and circumstances.  However, this section shall not affect
the requirements of subdivision (c) of Section 65302, nor be
construed to expand or limit the authority of the Department of
Housing and Community Development to review housing elements pursuant
to Section 50459 of the Health and Safety Code.
   The requirements of this section shall apply to charter cities.
65301.5.  The adoption of the general plan or any part or element
thereof or the adoption of any amendment to such plan or any part or
element thereof is a legislative act which shall be reviewable
pursuant to Section 1085 of the Code of Civil Procedure.
65302.  The 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.  The
plan shall include the following elements:
   (a) A land use element that 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 flooding and shall be reviewed annually with respect
to those areas.  The land use element shall also do both of the
following:
   (1) 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.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use
element of the plan.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources.  The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
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 that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared.  Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county.  The conservation element
may also cover the following:
   (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.
   (e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community.  The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn).  The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise 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.
   (g) 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, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires.  The
safety element shall include mapping of known seismic and other
geologic hazards.  It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards.
   (1) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the Division of Mines and Geology of the Department of
Conservation and the Office of Emergency Services for the purpose of
including information known by and available to the department and
the office required by this subdivision.
   (2) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
65302.1.  (a) The Legislature finds and declares all of the
following:
   (1) The San Joaquin Valley has a serious air pollution problem
that will take the cooperation of land use and transportation
planning agencies, transit operators, the development community, the
San Joaquin Valley Air Pollution Control District and the public to
solve.  The solution to the problem requires changes in the way we
have traditionally built our communities and constructed the
transportation systems.  It involves a fundamental shift in
priorities from emphasis on mobility for the occupants of private
automobiles to a multimodal system that more efficiently uses scarce
resources.  It requires a change in attitude from the public to
support development patterns and transportation systems different
from the status quo.
   (2) In 2003 the district published a document entitled, Air
Quality Guidelines for General Plans.  This report is a comprehensive
guidance document and resource for cities and counties to use to
include air quality in their general plans.  It includes goals,
policies, and programs that when adopted in a general plan will
reduce vehicle trips and miles traveled and improve air quality.
   (3) Air quality guidelines are recommended strategies that do,
when it is feasible, all of the following:
   (A) Determine and mitigate project level and cumulative air
quality impacts under the California Environmental Quality Act (CEQA)
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
   (B) Integrate land use plans, transportation plans, and air
quality plans.
   (C) Plan land uses in ways that support a multimodal
transportation system.
   (D) Local action to support programs that reduce congestion and
vehicle trips.
   (E) Plan land uses to minimize exposure to toxic air pollutant
emissions from industrial and other sources.
   (F) Reduce particulate matter emissions from sources under local
jurisdiction.
   (G) Support district and public utility programs to reduce
emissions from energy consumption and area sources.
   (4) The benefits of including air quality concerns within local
general plans include, but are not limited to, all of the following:
   (A) Lower infrastructure costs.
   (B) Lower public service costs.
   (C) More efficient transit service.
   (D) Lower costs for comprehensive planning.
   (E) Streamlining of the permit process.
   (F) Improved mobility for the elderly and children.
   (b) The legislative body of each city and county within the
jurisdictional boundaries of the district shall amend the appropriate
elements of its general plan, which may include, but are not limited
to, the required elements dealing with land use, circulation,
housing, conservation, and open space, to include data and analysis,
goals, policies, and objectives, and feasible implementation
strategies to improve air quality.
   (c) The adoption of air quality amendments to a general plan to
comply with the requirements of subdivision (d) shall include all of
the following:
   (1) A report describing local air quality conditions including air
quality monitoring data, emission inventories, lists of significant
source categories, attainment status and designations, and applicable
state and federal air quality plans and transportation plans.
   (2) A summary of local, district, state, and federal policies,
programs, and regulations that may improve air quality in the city or
county.
   (3) A comprehensive set of goals, policies, and objectives that
may improve air quality consistent with the strategies listed in
paragraph (3) of subdivision (a).
   (4) A set of feasible implementation measures designed to carry
out those goals, policies, and objectives.
   (d) At least 45 days prior to the adoption of air quality
amendments to a general plan pursuant to this section, each city and
county shall send a copy of its draft document to the district.  The
district may review the draft amendments to determine whether they
may improve air quality consistent with the strategies listed in
paragraph (3) of subdivision (a).  Within 30 days of receiving the
draft amendments, the district shall send any comments and advice to
the city or county.  The legislative body of the city or county shall
consider the district's comments and advice prior to the final
adoption of air quality amendments to the general plan.  If the
district's comments and advice are not available by the time
scheduled for the final adoption of air quality amendments to the
general plan, the legislative body of the city or county may act
without them.  The district's comments shall be advisory to the city
or county.
   (e) The legislative body of each city and county within the
jurisdictional boundaries of the district shall comply with this
section no later than one year from the date specified in Section
65588 for the next revision of its housing element that occurs after
January 1, 2004.
   (f) As used in this section, "district" means the San Joaquin
Valley Air Pollution Control District.
65302.2.  Upon the adoption, or revision, of a city or county's
general plan, on or after January 1, 1996, the city or county shall
utilize as a source document any urban water management plan
submitted to the city or county by a water agency.
65302.3.  (a) The general plan, and any applicable specific plan
prepared pursuant to Article 8 (commencing with Section 65450), shall
be consistent with the plan adopted or amended pursuant to Section
21675 of the Public Utilities Code.
   (b) The general plan, and any applicable specific plan, shall be
amended, as necessary, within 180 days of any amendment to the plan
required under Section 21675 of the Public Utilities Code.
   (c) If the legislative body does not concur with any provision of
the plan required under Section 21675 of the Public Utilities Code,
it may satisfy the provisions of this section by adopting findings
pursuant to Section 21676 of the Public Utilities Code.
   (d) In each county where an airport land use commission does not
exist, but where there is a military airport, the general plan, and
any applicable specific plan prepared pursuant to Article 8
(commencing with Section 65450), shall be consistent with the safety
and noise standards in the Air Installation Compatible Use Zone
prepared for that military airport.
65302.4.  The text and diagrams in the land use element that address
the location and extent of land uses, and the zoning ordinances that
implement these provisions, may also express community intentions
regarding urban form and design.  These expressions may differentiate
neighborhoods, districts, and corridors, provide for a mixture of
land uses and housing types within each, and provide specific
measures for regulating relationships between buildings, and between
buildings and outdoor public areas, including streets.
65302.5.  (a) At least 45 days prior to adoption or amendment of the
safety element, each county and city shall submit to the Division of
Mines and Geology of the Department of Conservation one copy of a
draft of the safety element or amendment and any technical studies
used for developing the safety element.  The division may review
drafts submitted to it to determine whether they incorporate known
seismic and other geologic hazard information, and report its
findings to the planning agency within 30 days of receipt of the
draft of the safety element or amendment pursuant to this
subdivision.  The legislative body shall consider the division's
findings prior to final adoption of the safety element or amendment
unless the division's findings are not available within the above
prescribed time limits or unless the division has indicated to the
city or county that the division will not review the safety element.
If the division's findings are not available within those prescribed
time limits, the legislative body may take the division's findings
into consideration at the time it considers future amendments to the
safety element.  Each county and city shall provide the division with
a copy of its adopted safety element or amendments.  The division
may review adopted safety elements or amendments and report its
findings.  All findings made by the division shall be advisory to the
planning agency and legislative body.
   (1) The draft element of or draft amendment to the safety element
of a county or a city's general plan shall be submitted to the State
Board of Forestry and Fire Protection and to every local agency that
provides fire protection to territory in the city or county at least
90 days prior to either of the following:
   (A) The adoption or amendment to the safety element of its general
plan for each county that contains state responsibility areas.
   (B) The adoption or amendment to the safety element of its general
plan for each city or county that contains a very high fire hazard
severity zone as defined pursuant to subdivision (b) of Section
51177.
   (2) A county that contains state responsibility areas and a city
or county that contains a very high fire hazard severity zone as
defined pursuant to subdivision (b) of Section 51177, shall submit
for review the safety element of its general plan to the State Board
of Forestry and Fire Protection and to every local agency that
provides fire protection to territory in the city or county in
accordance with the following dates as specified, unless the local
government submitted the element within five years prior to that
date:
   (A) Local governments within the regional jurisdiction of the San
Diego Association of Governments:  December 31, 2010.
   (B) Local governments within the regional jurisdiction of the
Southern California Association of Governments:  December 31, 2011.
   (C) Local governments within the regional jurisdiction of the
Association of Bay Area Governments:  December 31, 2012.
   (D) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments:  June
30, 2013.
   (E) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments:  December 31, 2014.
   (F) All other local governments:  December 31, 2015.
   (3) The State Board of Forestry and Fire Protection shall, and a
local agency may, review the draft or an existing safety element and
report its written recommendations to the planning agency within 60
days of its receipt of the draft or existing safety element.  The
State Board of Forestry and Fire Protection and local agency shall
review the draft or existing safety element and may offer written
recommendations for changes to the draft or existing safety element
regarding both of the following:
   (A) Uses of land and policies in state responsibility areas and
very high fire hazard severity zones that will protect life,
property, and natural resources from unreasonable risks associated
with wildland fires.
   (B) Methods and strategies for wildland fire risk reduction and
prevention within state responsibility areas and very high hazard
severity zones.
   (b) Prior to the adoption of its draft element or draft amendment,
the board of supervisors of the county or the city council of a city
shall consider the recommendations made by the State Board of
Forestry and Fire Protection and any local agency that provides fire
protection to territory in the city or county.  If the board of
supervisors or city council determines not to accept all or some of
the recommendations, if any, made by the State Board of Forestry and
Fire Protection or local agency, the board of supervisors or city
council shall communicate in writing to the State Board of Forestry
and Fire Protection or to the local agency, its reasons for not
accepting the recommendations.
   (c) If the State Board of Forestry and Fire Protection or local
agency's recommendations are not available within the time limits
required by this section, the board of supervisors or city council
may act without those recommendations.  The board of supervisors or
city council shall take the recommendations into consideration at the
next time it considers amendments pursuant to paragraph (1) of
subdivision (a).
65302.8.  If a county or city, including a charter city, adopts or
amends a mandatory general plan element which operates to limit the
number of housing units which may be constructed on an annual basis,
such adoption or amendment shall contain findings which justify
reducing the housing opportunities of the region.  The findings shall
include all of the following:
   (a) A description of the city's or county's appropriate share of
the regional need for housing.
   (b) A description of the specific housing programs and activities
being undertaken by the local jurisdiction to fulfill the
requirements of subdivision (c) of Section 65302.
   (c) A description of how the public health, safety, and welfare
would be promoted by such adoption or amendment.
   (d) The fiscal and environmental resources available to the local
jurisdiction.
65303.  The general plan may include any other elements or address
any other subjects which, in the judgment of the legislative body,
relate to the physical development of the county or city.
65303.4.  The Department of Water Resources and the Department of
Fish and Game may develop site design and planning policies to assist
local agencies which request help in implementing the general plan
guidelines for meeting flood control objectives and other land
management needs.


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