Open Space Zoning Without an Open Space Plan

A long range and comprehensive plan for the preservation and conservation of open space lands is a statutory requirement (CA Government Code § 65563) for the open space element of the general plan, and open space zoning must be consistent with that adopted long-range and comprehensive open space plan (CA Government Code § 65910). The open space plan, of necessity, also requires an inventory of open space lands (CA Government Code § 65560(b)). The California General Plan Guidelines remind us that of all the mandatory general plan elements, “Along with the housing element, the open space element has the most detailed statutory intent.”

Muriel Zeller, a member of the Calaveras Planning Coalition, sent a letter to the Calaveras County Board of Supervisors on January 11 prior to their meetings on January 12 and January 26. Those meetings included discussions of the Zoning Code Update and General Plan Implementation Priorities, respectively. Zeller’s letter discussed General Plan Implementation Measure COS‐1A, which calls for an open space zoning ordinance in the form of an Open Space Zoning District.  The Board made the Zoning Code Update, including open space zoning, a priority in January 2020. 

Zeller reminded our supervisors in her letter that the updated General Plan adopted in November 2019 does not include an open space plan which meets state requirements, which makes it difficult to meet the state mandate that the proposed open space zoning be consistent with the open space plan. The current General Plan does not even include a map of existing open space. She has pointed out the deficiencies in the open space “plan” multiple times in the past.

Planning Director Peter Maurer said, “I think that the commenter made a very good point and that is that before creating the zone we need to look at an overall plan, identify what we have out there. Are there other areas that need to be looked at? And, so, um, you know, you might consider adding open space planning to the programs that the department should be working on.” That sounds like an implicit admission that there is no open space plan. During public comments, Coalition Facilitator Tom Infusino supported Director Maurer’s suggestion to add an open space plan to the list of priorities. Our supervisors, however, are determined to “stay the course,” which means no new priorities were added to the list, not even one that is needed to complete the Zoning Code update.

It’s hard to understand why the supervisors continue to resist the need to prioritize open space planning and protection. Since 1970, it has been the intent of the state to “assure that cities and counties recognize that open-space land is a limited and valuable resource which must be conserved wherever possible (CA Government Code 65562 [a]).” And the pressure to protect open space will only continue to increase. In October 2020, Governor Gavin Newsom signed an executive order to protect 30% of California’s land and coastal waters by 2030, and in January, President Biden signed a similar executive order for the United States to protect the country’s land, water, and wildlife and, of course, to slow global warming. It is a growing concept being adopted around the world known as 30 by 30. 

You may read the January 11 comment letter here

You may watch the brief discussion of the comment letter above, or watch the longer version below to hear Director Maurer describe the oak woodland mitigation program.