2009 California Government Code - Section 65560-65570 :: Article 10.5. Open-space Lands

65560.  (a) "Local open-space plan" is the open-space element of a
county or city general plan adopted by the board or council, either
as the local open-space plan or as the interim local open-space plan
adopted pursuant to Section 65563.
   (b) "Open-space land" is any parcel or area of land or water that
is essentially unimproved and devoted to an open-space use as defined
in this section, and that is designated on a local, regional or
state open-space plan as any of the following:
   (1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preservation of
plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study
purposes; rivers, streams, bays and estuaries; and coastal beaches,
lakeshores, banks of rivers and streams, and watershed lands.
   (2) Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural
lands and areas of economic importance for the production of food or
fiber; areas required for recharge of groundwater basins; bays,
estuaries, marshes, rivers and streams which are important for the
management of commercial fisheries; and areas containing major
mineral deposits, including those in short supply.
   (3) Open space for outdoor recreation, including but not limited
to, areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
   (4) Open space for public health and safety, including, but not
limited to, areas which require special management or regulation
because of hazardous or special conditions such as earthquake fault
zones, unstable soil areas, flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of
water quality and water reservoirs and areas required for the
protection and enhancement of air quality.
   (5) Open space in support of the mission of military installations
that comprises areas adjacent to military installations, military
training routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.
   (6) Open space for the protection of places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code.

65561.  The Legislature finds and declares as follows:
   (a) That the preservation of open-space land, as defined in this
article, is necessary not only for the maintenance of the economy of
the state, but also for the assurance of the continued availability
of land for the production of food and fiber, for the enjoyment of
scenic beauty, for recreation and for the use of natural resources.
   (b) That discouraging premature and unnecessary conversion of
open-space land to urban uses is a matter of public interest and will
be of benefit to urban dwellers because it will discourage
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 definite plans for the preservation of valuable open-space
land and take positive action to carry out such plans by the
adoption and strict administration of laws, ordinances, rules and
regulations as authorized by this chapter or by other appropriate
methods.
   (d) That in order to assure that the interests of all its people
are met in the orderly growth and development of the state and the
preservation and conservation of its resources, it is necessary to
provide for the development by the state, regional agencies, counties
and cities, including charter cities, of statewide coordinated plans
for the conservation and preservation of open-space 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 open-space land.

65562.  It is the intent of the Legislature in enacting this
article:
   (a) To assure that cities and counties recognize that open-space
land is a limited and valuable resource which must be conserved
wherever possible.
   (b) To assure that every city and county will prepare and carry
out open-space plans which, along with state and regional open-space
plans, will accomplish the objectives of a comprehensive open-space
program.

65562.5.  On and after March 1, 2005, if land designated, or
proposed to be designated as open space, contains a place, feature,
or object described in Sections 5097.9 and 5097.993 of the Public
Resources Code, the city or county in which the place, feature, or
object is located shall conduct consultations with the California
Native American tribe, if any, that has given notice pursuant to
Section 65092 for the purpose of determining the level of
confidentiality required to protect the specific identity, location,
character, or use of the place, feature, or object and for the
purpose of developing treatment with appropriate dignity of the
place, feature, or object in any corresponding management plan.

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 open-space plan for the comprehensive and long-range
preservation and conservation of open-space land within its
jurisdiction. Every city and county shall by August 31, 1972,
prepare, adopt and submit to the Secretary of the Resources Agency,
an interim open-space plan, which shall be in effect until December
31, 1973, containing, but not limited to, the following:
   (a) The officially adopted goals and policies which will guide the
preparation and implementation of the open-space plan; and
   (b) A program for orderly completion and adoption of the
open-space plan by December 31, 1973, including a description of the
methods by which open-space resources will be inventoried and
conservation measures determined.

65564.  Every local open-space plan shall contain an action program
consisting of specific programs which the legislative body intends to
pursue in implementing its open-space plan.

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

65567.  No building permit may be issued, no subdivision map
approved, and no open-space zoning ordinance adopted, unless the
proposed construction, subdivision or ordinance is consistent with
the local open-space plan.

65568.  If any provision of this article or the application thereof
to any person is held invalid, the remainder of the article and the
application of such provision to other persons shall not be affected
thereby.

65570.  (a) The Director of Conservation may establish, after notice
and hearing, rules and regulations, and require reports from local
officials and may employ, borrow, or contract for such staff or other
forms of assistance as are reasonably necessary to carry out this
section, Chapter 3 (commencing with Section 16140) of Part 1 of
Division 4 of Title 2, and Section 612 of the Public Resources Code.
In carrying out his or her duties under those sections, it is the
intention of the Legislature that the director shall consult with the
Director of Food and Agriculture and the Director of Planning and
Research.
   (b) Commencing July 1, 1986, and continuing biennially thereafter,
the Department of Conservation shall collect or acquire information
on the amount of land converted to or from agricultural use using
1984 baseline information as updated pursuant to this section for
every county for which Important Farmland Series maps exist. On or
before June 30, 1988, and continuing biennially thereafter, the
department shall report to the Legislature on the data collected
pursuant to this section. In reporting, the department shall specify,
by category of agricultural land, the amount of land converted to,
or from, agricultural use, by county and on a statewide basis. The
department shall also report on the nonagricultural uses to which
these agricultural lands were converted or committed.
   For the purposes of this section, the following definitions apply
unless otherwise specified:
   (1) "Important Farmland Series maps" means those maps compiled by
the United States Soil Conservation Service and updated and modified
by the Department of Conservation.
   (2) "Interim Farmland maps" means those maps prepared by the
Department of Conservation for areas that do not have the current
soil survey information needed to compile Important Farmland Series
maps. The Interim Farmland maps shall indicate areas of irrigated
agriculture, dry-farmed agriculture, grazing lands, urban and
built-up lands, and any areas committed to urban or other
nonagricultural uses.
   (3) "Category of agricultural land" means prime farmland, farmland
of statewide importance, unique farmland, and farmland of local
importance, as defined pursuant to United States Department of
Agriculture land inventory and monitoring criteria, as modified for
California, and grazing land. "Grazing land" means land on which the
existing vegetation, whether grown naturally or through management,
is suitable for grazing or browsing of livestock.
   (4) "Amount of land converted to agricultural use" means those
lands which were brought into agricultural use or reestablished in
agricultural use and were not shown as agricultural land on Important
Farmland Series maps maintained by the Department of Conservation in
the most recent biennial report.
   (5) "Amount of land converted from agricultural use" means those
lands which were permanently converted or committed to urban or other
nonagricultural uses and were shown as agricultural land on
Important Farmland Series maps maintained by the Department of
Conservation and in the most recent biennial report.
   (c) Beginning August 1, 1986, and continuing biennially
thereafter, the Department of Conservation shall update and send
counties copies of current Important Farmland Series maps. Counties
may review the maps and notify the department within 90 days of any
changes in agricultural land pursuant to subdivision (b) that
occurred during the previous fiscal year, and note and request
correction of any discrepancies or errors in the classification of
agricultural lands on the maps. The department shall make those
corrections requested by counties. The department shall provide staff
assistance, as available, to collect or acquire information on the
amount of land converted to, or from, agricultural use for those
counties for which Important Farmland Series maps exist.
   (d) The Department of Conservation may also acquire any
supplemental information which becomes available from new soil
surveys and establish comparable baseline data for counties not
included in the 1984 baseline, and shall report on the data pursuant
to this section. The Department of Conservation may prepare Interim
Farmland maps to supplement the Important Farmland Series maps.
   (e) The Legislature finds that the purpose of the Important
Farmland Series maps and the Interim Farmland maps is not to consider
the economic viability of agricultural lands or their current
designation in the general plan. The purpose of the maps is limited
to the preparation of an inventory of agricultural lands, as defined
in this chapter, as well as land already committed to future urban or
other nonagricultural purposes.