Summary of CPC Open Space Planning Requests

March 2026

The end result is an open space plan that explains and demonstrates how it meets all the statutory requirements. This increases the power of the Board of Supervisors by bolstering the legal validity of both their project approvals and their project denials on open space lands. This eliminates a great disadvantage to those seeking state funding for agricultural land conservation in Calaveras County, and instead gives them a great advantage. If the HCCP/NCCP called for in the open space plan is completed, it will streamline endangered species mitigation for new development proposals on open space lands, and help meet the new rewilding and habitat connectivity requirements for the open space plan from SB 1425 and AB 1889.

Plan/Code Section/Topic                                                                                           CPC Request

Cover Letter, September 10, 2025

 

 Summarizes how to fill gaps in the open space plan to conform to both new and traditional government code requirements. Focusses on changes to substantive language in the general plan and zoning code. 
Cover Letter, p. 1: Missing items required by statute. Include parcels subject to a conservation easement, ag. land within 2 miles of residential land, priority land for conservation, flooding and wildfire risk reduction objectives, evacuation routes, wildlife corridors, etc.
Cover Letter, p. 1-2, Habitat Blocks and Corridors. To address AB 1889 habitat connectivity, and SB 1425 rewilding, identify habitat blocks and corridors. Identify conservation tools the County will use.
Cover Letter, p. 2, project-specific CEQA triggers narrow the applicability of open space plan provisions. Make provisions more applicable in open space areas. Put some suitable provisions in the zoning code for general application in community centers so development is more wildlife friendly.
Cover Letter, p. 3: Need an action plan. Include a flexible implementation timeline for the open space plan.
   
Zeller, Open Space Plan Completeness Assessment, September 10, 2025 Assesses open space plan completeness relative to the requirements of Government Code, Sections 65560-65570, and suggests changes to the open space plan and zoning code to fill these gaps.
Zeller, p. 11, Policy COS 3.1, clustered development To implement the open space plan, include a clustering definition and development guidelines in the Zoning Ordinance. See Butte County long example.  Could be simpler.
Zeller, p. 11, Imp. COS-4B, Mitigation Options for Biological Resources To fulfill the need for an action plan, put this on the implementation timeline.
Zeller, p. 12, Imp. COS-3B, Grading To fulfill the need for an action plan, put this on the implementation timeline.
Zeller, p. 12, Imp. COS-4C, HCP/NCCP To execute this implementation measure, apply for funding, put this on the implementation timeline, expand the scope of species included. HCP counts toward rewilding under G.C. 65565.5 (a)(3).
Zeller, p. 13, Imp. COS-4F, Voluntary Biological Resource Conservation Activity. To clarify implementation, add details re mapping, valuation, and County support. Commonly such implementation would include a RCIS and MCA’s, mitigation banks and public education. Please see, the Conservation and Mitigation Banking Program and Mitigation Credit Agreements (MCAs), as part of the Regional Conservation Investment Strategy (RCIS) Program (Fish & G. Code, § 1955, subdivision (f)).
Zeller, p. 14, Imp. COS-4H, Impacts to Biological Resources. To improve the local benefits of implementation, require off-site mitigation for special status species to take place in Calaveras County if habitat is acquirable.
Zeller, p. 15, Imp. COS-4I, Biological Impact Evaluation To improve the local benefits of implementation, require off-site mitigation for special status species to take place in Calaveras County if habitat is acquirable.
Zeller, p. 15, Imp. COS-4K, Invasive Species Control. To ensure the benefits of this measure, make this a requirement, not an option.
Zeller, p. 16, Imp. COS-4N, Riparian Corridors. P.D. Confirms that the 50-foot setbacks are for wildlife migration corridors, among other things.
Zeller, p. 17, Imp. COS-4O, Wildlife Corridor Road Crossings. To execute this implementation, provide public information on wildlife corridors by providing a link on the County website to Cal. Fish and Wildlife’s Habitat Connectivity webpage.
Zeller, pp. 17-18, Imp. COS-4C, HCP for Amphibians. To execute this implementation measure, apply for funding, put this on the implementation timeline, expand the scope of species included. HCP counts toward rewilding under G.C. 65565.5 (a)(3).
Zeller, pp. 18-19, Imp. COS-4D, Oak Woodlands. To execute this implementation measure, bring the draft ordinance forward to P.C. and BOS for adoption. Recognize that landscape-level oak woodland conservation is still needed.
Zeller, pp. 19-20, Imp. COS-4E, Wildlife Corridors. To begin to execute this implementation, reference Cal. Fish and Wildlife’s Northern Sierra Nevada Foothill Wildlife Connectivity Project. This can help the County to map important wildlife corridors so that they can be considered in environmental review of discretionary projects and in devising a conservation strategy to maximize landscape connectivity. Please see Fish and Game Code – FGC

DIVISION 2. CHAPTER 13.5. Wildlife Connectivity Actions [1955 – 1958]. An RCIS program would be helpful here as well.
Zeller, p. 20, Policy COS 3.6, Conservation Easements may be acceptable. To clarify this policy, use imperative language “shall”, “require” instead of “may be acceptable.” To assist in implementation, complete a manual guiding prospective project applicants to use conservation easements for impact mitigation and Partner with a local or regional land trust such as the Mother Lode Land Trust or the California Rangeland Trust.
Zeller, pp. 22-23, Policy LU-2.2, Williamson Act Contracts P.D. confirms that some property is still Zoned AP after owners withdraw from their Williamson Act Contracts, because the owner has not decided to change the current use of the property (e.g. farming or grazing), and the owner has not decided on a future more intense use, and/or the appropriate future zoning category.
Zeller, p. 23, Imp. LU-2A, Zoning Code In the Zoning Code include conservation easements as a specific allowed use on Resource Production Lands. Use an overlay to identify lands with a permanent conservation easement on them, and depict the overlay on a map.
Zeller, pp. 23-24, Policy LU-2.1, Protect Private Property Rights Perpetuates a myth that property rights are threatened or otherwise not protected in Calaveras County. Perpetuates a false dichotomy that resource production and resource conservation are at odds. Signals that property rights are preeminent over the public interest. Change to, “Respect efforts to maintain or develop productive resources.”
Zeller, p. 24, Goal RP 1, Long-term viability of Resource Production Lands. In accord with G.C. 65565 (a), identify and map all conservation easements. Identify and map the total acreage of land within 2 miles of land zoned for housing, the total acreage of ag. land developed since 1984, and the total likely to be developed in the next 8 years. Finally, identify priority land for conservation. Identify objectives to support the long-term protection of agricultural land.
Zeller, pp. 24-26, Imp. RP-1A, County Code Amendment To execute the implementation, establish minimum parcel size standards for new lots adjacent to Resource Production Land. Expand non-traditional activities allowed on Resource Production lands to include ecosystem services, carbon sequestration, and mitigation banking. Amend the special event ordinance as previously suggested by the CPC. Change the Zoning Code to conform to the General Plan limit on allowing less than a 400-foot buffer from agricultural land only when the buffer is “infeasible” and only after consultation with the Agricultural Advisory Committee.
Zeller, pp. 26-27, Imp. RP-1B, Findings for Approval To clarify compliance with the general plan and the Zoning Code, make it clear in Zoning Code 17.16.080 that the discretionary project will not be approved if the adjusted buffer “will significantly reduce or destroy the buffering effect of existing large parcel sizes adjoining Resource Production lands.”
Zeller, pp. 27-28, Imp. RP-1D, Evaluation of Impacts for Resource Production Land Conversion Is the County following the Mitigation Program Guidelines submitted by the Agricultural Coalition in 2011, and to what document is it Appendix B? Or is the County following the Land Conversion Guidelines which were Appendix B to the Agricultural Coalition’s submission in 2011. Please resolve.  The CPC supports most of both documents.
Zeller, p. 28, Imp. RP-1E Farmland Mapping Will the County be updating the Williamson Act Enrollment data with the state annually before January 30th as required by G.C. Section 51237.5? As of 2021, the state was still using the 2012-2013 enrollment data, which now is over a decade old. Even if we at the CPC generate it, the State will not accept it from us.
Zeller, p. 28, Imp. RP-1A County Code Amendments To implement RP-1A, in the upcoming minor modifications to the Zoning Code, will the County establish minimum parcel size standards for new lots created adjacent to Resource Production Lands?
Zeller, p. 29, Policy RP 1.4, Water Supplies for Resource Production Lands Please add an implementation measure re. water supply enhancement for Ag. lands. San Joaquin County is seeking our support for a huge ag. water project seeking $1100/ acre foot subsidy. Why is a Calaveras project not part of that?
Zeller, p. 29, Policy RP 1.5, Use a Wide Variety of Resource Production Land Conservation Tools Please add an implementation measure to apply for a grant to develop tools and strategies for long-term land conservation. You can begin by selecting measures from the Foothill Conservancy’s published list.
Zeller, pp. 29-31, Imp. RP-1F, Mitigation of Impacts from Resource Production Land Conversions For “Other mitigation measures developed and/or approved by the County” is the County using the Resource Production Lands Mitigation Program Guidelines as indicated in RP-1D? If so, the CPC supports this. However, RP-1F undermines the use of conservation easements by including the “Other mitigation measures” language in the general plan. Please delete this language. As for on-site mitigation, please add clear guidelines for clustered development to avoid adjacent incompatible uses when mitigation is done onsite.
Zeller, p. 33, Policy RP 2.1, Other agriculture- related long term conservation programs For clarity, please identify which “long-term conservation programs” in addition to the Williamson Act that the County will participate in.
Zeller, p. 34-35, Imp. RP-2G, Farmland Mapping To comply with G.C. Section 65551, please include in the general plan a map of all parcels subject to a conservation easement, a map of ag land within two miles of land zoned for housing, a map of ag land likely to be developed in eight years, and a map of priority lands for conservation.  Also, please send the updated Williamson Act enrollment data annually to the State as required by G.C. 51237.5.
Zeller, p. 36, Imp. RP-2B, Right to Farm Ordinance To clarify, is all land re-defined “protected agricultural land” also thereby designated “priority land for conservation” as that phrase is used in G.C. 65560 (i) and 65565 (a) (1) (K)?
Zeller, p. 37, Policy RP 2.6, Identify and protect important farmland in the county. To comply with the G.C.,65560 (i) and 65565 (a)(1)(k),  please identify a category or categories of agricultural or open space lands that are prioritized for conservation. For example, if the County wants to define Farmland of Local Importance as land prioritized for conservation, then state that in the General Plan.
Zeller, pp. 38-39, Imp. RP-2A, Solar energy installations on agricultural land To implement RP-2A, in the upcoming zoning code amendments address solar-use easements and installations affecting Williamson Act contracts noting the rolls played by the County and the state. Otherwise, include it on the implementation schedule.
Zeller, pp. 41-42, RP-4D, Mining Advisory Committee Please add to implementation schedule.
Zeller, p. 43, Imp. RP-4C, Mineral Resource Information Doesn’t the ArcGIS Geocoding Service used by the state allow the County GIS Department to import and integrate the most recent mineral classification into the County’s general plan? Please add to the implementation schedule.
Zeller, pp. 43-44, Imp. RP-4F, Water Impacts of Mining Operations, Please add to implementation schedule.
Zeller, p. 46, Goal COS 5, “Abundant scenic resources () while protecting property rights” Please rephrase this in the positive, rather than depicting this as a conflict between scenic resources and property rights. Substitute, “provided by willing land owners both public and private.”
Zeller, pp. 46-47, COS-6A, Flexible Development Standards Please identify these flexible development standards in the existing code, in the Zoning Code in the update, or put this on the implementation schedule. See our sample list.
Zeller, p. 47, COS-6B, Hillside and Hilltop Construction Guidelines. Please put on the implementation schedule.
Zeller, p. 47, Policy COS 5.3, Design Features in new development. Please require these rather than merely encouraging them.
Zeller, p. 49, Policy COS 6.6 environmental sensitivity of new recreational facilities Please add an implementation measure to ensue this is done.
Zeller, pp. 49-50, Policy 7.1, avoid cultural resources Please provide project applicants with a copy of the Native American Heritage Commission Professional Guide for the Preservation and Protection of Native American Remains and Associated Grave Goods.
Zeller, p. 50, Imp. COS-8B, Central California Information Center Determine if the County wants to qualify as a Certified Local Government. Note that the project applicant asks for and pays for data from the CCIC, so there is no need for the County to evaluate the feasibility of fee collection.
Zeller, p. 51, Imp. COS-8C, Professional Standards for Cultural Resource Investigations Can you just use the Statewide Referral List? If not, then put this measure on the implementation schedule.
Zeller, p. 52, Policy LU 1.7, Future Specific Plans For clarity, please change “are expected” to “shall.”
Zeller, p. 52, Imp. LU-2F, Future Specific Plans For consistency with the general plan, please add “open space, buffers, and other measures to preserve and protect biological and cultural resources” to the list of amenities for which future specific plans will be evaluated. Please identify evaluation standards, and state that the County will take to actions to correct or reject substandard specific plan proposals. A substandard evaluation result needs to be linked to subsequent action.
Zeller, pp. 53 & 64, Policy LU-5.3, Retention and expansion of scenic, cultural, and historic agricultural resources. Put devising retention and expansion strategies on the implementation schedule.
Zeller, pp. 53, 64-65, Implementation LU-5D, Special Events Fix the Zoning Code for special events on Resource Production Lands along the lines of the CPC’s 2024 proposal.
Zeller, p. 53, Implementation LU-5B, New and Emerging Markets Put on the implementation schedule.
Zeller, pp. 58-59, Policy LU-6.2, Working relationship with local Native American Tribes The implementation measure for this policy (LU-3C) does not address Native American tribes. Add an implementation measure to address building the County’s relationships with local tribes. This is key to addressing their open space needs.
Zeller, pp. 60-61, Figure COS-1 Please add this map that is referred to in the general plan text but that is missing from the general plan. Consider incorporating the map by reference into the general plan and placing a link to the Technical Background Report that contains the map on the Planning Department’s general plan webpage.
Zeller, p. 63, Implementation LU-2A,  Update Title 17 of the Calaveras County Code As noted previously, please develop some implementation standards for clustered development.
Zeller, pp. 63-64, Implementation LU-2E, Innovative Techniques. As noted above, adopt clustered development standards in the upcoming Zoning Code changes, or add it to the implementation schedule.
Zeller, pp. 67-70, COS-1A, Open Space Zoning Ordinance. (1)Fix the Open Space Zone category so that it can be applied on the Zoning Map. The current Open Space Zone is defined (as is the Resource Management Land Use Designation) as only public and quasi-public land. However, the open space zone is  not applied on the map, apparently because those lands are subject to multiple developed uses including administration building and dams. (2) Also, for general plan consistency, include among the allowed uses in the Resource Production Zone conservation easements and critical habitat areas. (3) Adopt an Open Space Zone that allows for private land under a permanent conservation easement to be included. (4) Clarify, is the County Recorder maintaining a comprehensive index of conservation easements in accord with G.C. 27255 (a). If so, this should make it easier to confirm and map these easements, currently on the California Conservation Easement statewide database. If so, this should make it easier to review proposed development projects for their impacts on permanent open space, to review applications for building permits for compliance with easement restrictions. (5) To meet the rewilding component of SB 1425 and the habitat connectivity requirements of AB 1889, please map the permanent conservation easements on private land along with other permanently protected public lands so that we can demonstrate existing habitat blocks and corridors, and so that we can identify gaps in need of restoration and/or protection. (6) Consider whether the County wants to require open space zoning prior to the execution of a permanent conservation easement on residential, commercial or industrial land?  (7) Consider if the County would like an Agricultural District or an Open Space District overlay. (8) Make sure the open space zone implements the eight general plan policies that it is supposed to implement to protect water resources, to protect biological resources from new development, to conserve natural and historic landscapes, to provide parcels to accommodate growth, to allow less intense interim development, to buffer Resource Production Lands and to conserve their long-term productivity.
   
Infusino Memo of 10/8/25 Provides language to include in the background section of the Conservation and Open Space Element to explain existing efforts to comply with government code requirements. Provides a table to illustrate open space plan coverage of the required open space topics. Provides a table to guide open space plan implementation. Provides suggestions for additional open space plan provisions to demonstrate compliance with SB 1425 and AB 1889.
Infusino, pp. 3-4, Page – COS 1 To demonstrate coverage of each open space topic listed in the Government Code, include in the summary list the parts of the Open Space Plan in the Circulation Element and Community Planning Element. Also, provide a table identifying each policy, implementation measure, and objective in the Open Space Plan.
Infusino, pp. 4-6, Page – COS 1, Background and Setting Associated Plans and Documents Add a section explaining the open space plan components in the general plan Vision and Guiding Principles. Address SB 1425 equitable access by making a commitment to seek park funding and by giving priority to park projects in disadvantaged communities. Address SB 1425 rewilding with regard to mine reclamation, wildfire burn areas, eroded lands, and lands degraded by past human activities or neglect.
Infusino, pp. 6-7, Page – COS 2, Surface Water For SB 1425, summarize the effects of climate change on surface water and explain the general plan provisions that address these effects. Amend the plan to include a policy, implementation and objective to develop ag. water supplies to support ag. land conservation and/or carbon sequestration. Adopt flood control objectives.
Infusino, p. 8, Page – COS 3, Groundwater For SB 1425, explain how climate change affects groundwater and explain how the general plan addresses these challenges. Adopt a policy allocating groundwater resources to agricultural uses west of highway 49. Adopt groundwater management objectives and schedule implementation efforts.
Infusino, p. 9, Page – COS 3, Associated Plans and Documents To meet the requirement to maintain an up to date and accurate plan, delete one outdated reference and list two newer reference documents.
Infusino, pp. 9-11, Page – COS 5, Vegetation For SB 1425, explain the effects of climate change on vegetation and explain how the general plan addresses these challenges. Reconsider the “every parcel is suitable for residential development” policy. Add fires safety objectives and an implementation timeline.
Infusino, pp. 11-12, Page – COS 5, Species For AB 1889, explain the need for habitat connectivity and how the general plan addresses these challenges. Note how rewinding activities under SB 1425 can help provide for habitat connectivity. Embrace Cal. Fish and Wildlife’s network of habitat blocks and corridors to identify priority lands for conservation and for use in reviewing discretionary projects.
Infusino, p. 13, Page – COS 6, Air Quality/Greenhouse Gases For SB 1425, note that the open space plan calls for a GHG reduction plan. Identify the co-benefits related to the climate change resilience efforts on open space lands that flow from the GHG reduction plan.
Infusino, pp. 13-14, Page – COS 7, Scenic Resources To meet the requirement for an up to date and accurate plan, note the state Wild and Scenic Designation of the Mokelumne River, and reference the study report supporting that designation.
Infusino, pp. 14-15, Page – COS 8, Recreation Resources For SB 1425, explain the provisions of the open space plan that address just access to recreation.
Infusino, p. 15, Page – COS 9, Cultural Resources Add one sentence noting the open space plan provisions for addressing cultural resources.
Infusino, pp. 15-18, New Background Section, Open Space Plan Implementation To meet the requirement for an open space action plan, include a flexible open space plan implementation table.
Infusino, pp. 18-20, Table COS-1, General Plan Provisions in the Open Space Plan Include a table to clearly identify the specific content of the open space plan, and to easily demonstrate that the content addresses each of the required open space plan topics.