HomeMy WebLinkAbout06/30/1992CITY COUNCIL
AGENDA
Mayor — Jay C. lCtm
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman— Gary G. Miller
City Council Chambers
are located at:
South CoastAir Quality Management District Auditorium
21885 East Copley Drive
ease retain: from smoking, eating or drinking In the cl am rs
MEETING DATE: June 30, 1992
MEETINGTIME: 7:00 p.m.
Terrence L. Belanger
Acting City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
Copless of staff reports or otherwriiiert documentation relating to each item referred to 6,41111sv agenda
are on fife in the office of the City Clerk acrd are available forpublic inspection. if you have questions
regarding an agenda item, please contact. thi City Clerk at' (714),86T 248& Burin' business hours.
The City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
1. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
2. NEW BUSINESS:
7:00 P.M.
MAYOR KIM
COUNCILMEN FOBBING, MILLER,
WERNER, MAYOR PRO TEM PAPEN,
MAYOR KIM
2.1 LEASE WITH OPTION TO PURCHASE: The Walnut Valley Water
District has declared a 4.01 -acre site located on Brea
Canyon Road as surplus property. An opportunity exists
to lease the property, with an option to purchase the
site, at an affordable rate in the amount of $400,000.
The property lease/purchase provides an opportunity for
the City to use the property for public facilities in the
future.
Recommended Action: Approve the agreement and authorize
the Mayor and City Manager to complete the necessary
documents.
2.2 CONSIDERATION OF A REQUEST TO NAME THE OAK AS THE
OFFICIAL CITY TREE - The Parks & Recreation Commission
received a citizen request to adopt the Oak as the
official City tree. After review of the request, the
Commission felt that recognition of the Oak as the
official tree of Diamond Bar would reinforce the City's
desire to protect these wonders of nature. Currently the
City has an Oak Tree Ordinance to protect, preserve and
maintain healthy oak trees in the development process.
Recommended Action: The Parks & Recreation Commission
recommends that the City Council designate the Oak as the
official City Tree.
3. PUBLIC HEARING:
3.1 DRAFT GENERAL PLAN: The General Plan expresses a
comprehensive strategy for the management of growth and
change within the community throughout the next twenty
years. On June 9 the City Council began a series of
public hearings on the General Plan. The purpose of the
June 30 public hearing is to review the Plan for
Community Development (Housing Element) and the Plan for
Resource Management (Open Space & Conservation Elements).
The Housing Element is a comprehensive assessment of
current and projected housing needs for all segments of
the community and all economic groups. In addition, it
embodies policy for providing adequate housing and
JUNE 30, 1992 PAGE 2
includes action programs for this purpose.
The Conservation Element addresses the conservation,
development, and use of natural resources including
water, forests, soils, rivers and mineral deposits.
The Open -space Element details plans and measures for
preserving open space for natural resources, the managed
production of resources, outdoor recreation, public
health and safety, and the identification of agricultural
land.
Recommended Action: Re -open the Public Hearing, receive
testimony on the General Plan, review the Housing, Open
Space and Conservation Elements and continue the hearing
to July 7, 1992.
4. ANNOUNCEMENTS:
5. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold an Adjourned Regular
Meeting at the South Coast Air Quality Management District
Auditorium, located at 21865 E. Copley Dr., Diamond Bar,
California at 7:00 p.m. on Tuesday, June 30, 1992.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Adjourned Regular Meeting of the Diamond
Bar City Council, to be held on June 30, 1992 was posted at their
proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 26th day of
June, 1992, at Diamond Bar, California.
/s/ Lynda Burgess
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. (�
TO: Mayor and City Council
MEETING DATE: June 30, 1992 REPORT DATE: June 26, 1992
FROM: Terrence L. Belanger, Acting City Manager
TITLE: Consideration of a lease/purchase agreement with the Walnut Valley Water District regarding a 4.01
acre surplus reservoir site located on Brea Canyon Road, south of Glenbrook Drive.
SUMMARY: The Walnut Valley Water District has declared a 4.01 -acre site located on Brea Canyon Road
as surplus property (Assessor's Parcel No. 8763-026-900). An opportunity exists to lease the property, with
an option to purchase the site, in the amount of $400,000. The property lease/purchase provides an opportunity
for the City to use the property for public facilities in the future.
RECOMMENDATION: It is recommended that the City Council approve the agreement and authorize the
Mayor and City Manager to complete the necessary documents.
LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
Ordinances(s)
2L Agreement(s)
Other
EXTERNAL DISTRIBUTION: Walnut Valley Water District
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
VV EWEQ B
Trrence L. Belange
Acting City Manage
61 1P
LEASE WITH OPTION TO PURCHASE
This Lease is made and entered into by and between
WALNUT VALLEY WATER DISTRICT, a public entity (hereinafter
referred to as "Landlord") and the CITY OF DIAMOND BAR, a
municipal corporation (hereinafter referred to as "Tenant").
1. Premises.
"Landlord" hereby agrees to lease to Tenant and Tenant
agrees to lease from Landlord that certain parcel of real
property located in the City of Diamond Bar, California, more
particularly described in Exhibit "A" hereto, by this reference
made a part hereof and hereinafter referred to as "the Premises".
Said Lease is subject to the terms, covenants and conditions
hereinafter set forth and Tenant covenants, as a material part of
the consideration for this Lease, to keep and perform each and
every term, covenant and condition of said Lease.
2. Term.
The term of this Lease shall commence on July 1, 1992,
and end on June 30, 1996.
3. Rent.
A. Subject to the provisions of subparagraph B, below,
Tenant agrees to pay to Landlord rental, without prior notice or
demand, in the sum of One Hundred Thousand Dollars ($100,000.00)
per year, in advance, on or before the first day of July of each
calendar year during the term of this Lease. Rent for any period
during the term hereof which is for less than one (1) year shall
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be a prorated portion of the annual payment required herein,
based upon a three hundred sixty-five (365) day year. Said rental
shall be paid to Landlord, without deduction or offset, in lawful
money of the United States of America, at 271 South Brea Canyon
Road, Walnut, California 91789, or at such other place as
Landlord may designate.
B. In addition to the rent specified in subparagraph
3.A., above, Tenant agrees to pay to Landlord additional rent
equal to the average annual percentage interest paid on public
investments made through the Local Agency Investment Fund of the
State of California ("LAIF" sometimes hereinafter) during the
preceding twelve (12) month period ending April 30 of each
calendar year during the term hereof times the sum of Four
Hundred Thousand Dollars ($400,000.00) less the amount of rent
theretofore paid by Tenant to Landlord pursuant to subparagraph
3.A., above. Said additional rent, based upon the LAIF formula
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specified herein, shall be due and owing commencing on the rent
payment due on July 1, 1993, and each succeeding July 1 during
the term hereof.
4. Rental Payments - Funds Available.
A. Rental Payments to Constitute a Current Expense of
Tenant. Landlord and Tenant understand and intend that the
obligation of Tenant to pay rental payments hereunder shall
constitute a current expense of Lessee and shall not in any way
be construed to be a debt of Tenant in contravention of any
applicable constitutional or statutory limitations or
requirements concerning the creation of indebtedness by Tenant,
nor shall anything contained herein constitute a pledge of any
tax revenues, funds or monies of Tenant.
B. Payment of Rental payments. Tenant shall pay
rental payments exclusively from legally available funds, in
lawful money of the United States of America, to Landlord in the
amounts and on the rent payment due dates set forth in paragraph
3, hereof.
C. Rental Payments to be Unconditional. The
obligation of Tenant to make rental payments hereunder, and to
perform and observe the covenants and agreements contained in
this Lease, shall be absolute and unconditional in all events,
except as expressly provided in this Lease.
D. Continuation of Lease Term ty Tenant. Tenant
intends, subject to the provisions of subparagraph E hereof, to
continue the term of the Lease hereunder for the full lease term
and to pay the rental payments hereunder. Tenant reasonably
believes that legally available funds in an amount sufficient to
make all rental payments for the full lease term can be obtained.
Tenant further intends and hereby covenants to do all things
lawfully within its power to obtain and maintain funds from which
the rental payments may be made, including making provision for
such rental payments to the extent necessary in each budget
submitted and adopted in accordance with law, to use its bona
fide best efforts to have such portion of the budget approved,
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and to exhaust all available reviews and appeals in the event
such portion of the budget is not approved.
E. Nonappropriation. In the event sufficient funds
are not appropriated for the payment of all rental payments
required to be paid in the next succeeding budget year (July 1
through June 30) hereunder and Tenant has no funds legally
available for rental payments from other sources, then Tenant may
terminate this Lease at the end of the budget year and shall not
be obligated to make payment of the rental payments provided for
in this Lease beyond the then current budget year. Tenant agrees
to deliver notice to Landlord of such termination at least sixty
(60) days prior to the end of the then current budget year. If
this Lease is terminated under this subparagraph, Tenant agrees,
at Tenant's cost, expense and risk, peaceably to deliver the
Premises to Landlord.
5. Use.
Tenant may use the Premises for any lawful public
purpose. Tenant shall not do or permit anything to be done in or
about the Premises which will in any way obstruct or interfere
with the rights of Landlord or injure or annoy Landlord or use or
allow or permit the premises to be used for any improper,
immoral, unlawful or objectionable purpose. Nor shall Tenant
cause, maintain or permit any nuisance in or about the Premises.
Tenant shall not commit or suffer to be committed any waste in or
upon the Premises. Tenant agrees to peaceably and quietly
surrender the Premises and all permanent structures and
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improvements thereon, excepting removable trade fixtures, on the
expiration or sooner termination of this Lease.
6. compliance with Law
Tenant shall not use the Premises or permit anything to
be done in or about the Premises which will in any way conflict
with any law, statute, ordinance or other governmental rule or
regulation now in force or which may hereinafter be enacted or
promulgated. Tenant shall, at its sole cost and expense,
promptly comply with all laws, statutes, ordinances and other
governmental rules, regulations or requirements now in force or
which may hereinafter be enacted or promulgated, and with the
requirements of any board of fire insurance underwriters or other
similar bodies now or hereafter constituted, relating to, or
affecting the condition, use or occupancy of the Premises,
excluding structural changes not related to or affected by
Tenant's improvements and acts. The judgment of a court of
competent jurisdiction or the admission by Tenant in any action
against Tenant, whether Landlord be a party thereto or not, that
Tenant has violated any law, statute, ordinance or any other
governmental rule or regulation shall be conclusive of that fact
as between Landlord and Tenant.
7. Alterations and Additions.
Landlord shall not make or suffer to be made any
alterations, additions or improvements in or to or about the
Premises or any part thereof without the written consent of
Tenant first had and obtained and any alterations, additions or
5
improvements in, to or about the Premises including, but not
limited to, wall coverings, paneling and built-in cabinet work,
but excepting movable furniture and trade fixtures, shall, on the
expiration of the term hereof, become a part of the realty and
shall be surrendered with the Premises. Subject to the
provisions of paragraph 31, below, in the event of any
alterations, additions or improvements to the Premises by Tenant,
the same shall be made by Tenant at Tenant's sole cost and
expense. Upon the expiration or sooner termination of the term
hereof, Tenant shall, upon written demand by Landlord given at
least thirty (30) days prior to the end of the term, at Tenant's
sole cost and expense, forthwith and with all due diligence
remove any trade fixtures installed by Tenant and Tenant shall,
forthwith and with all due diligence, at its sole cost and
expense, repair any damage to the Premises caused by such
removal.
8. Repairs.
By taking possession of the Premises, Tenant shall be
deemed to have accepted the Premises as being in good sanitary
order, condition and repair. Tenant shall, at Tenant's sole cost
and expense, keep the Premises and any part thereof in good
condition and repair. Tenant shall, upon the expiration or
sooner termination of this Lease, surrender the Premises to
Landlord in good condition. Landlord shall have no obligation
whatsoever to alter, remodel, improve, repair, decorate or paint
the Premises, or any part thereof, and the parties hereto affirm
0
that Landlord has made no representations to Tenant respecting
the condition of the Premises or improvements thereon except as
specifically set forth herein.
Landlord shall not be liable for any failure to make
any such repairs, or to perform any maintenance except as
specifically provided herein. Except as may otherwise be
provided herein, there shall be no abatement of rent and no
liability of Landlord by reason of any injury to or interference
with Tenant's business arising from the making of any repairs,
alterations or improvements in or to the Premises or in or to any
fixtures, appurtenances and equipment thereon. Tenant hereby
specifically waives the right to make repairs at Landlord's
expense under any law, statute or ordinance now or hereafter in
effect.
9. Claims Against Premises.
Tenant shall not suffer or permit to be enforced
against the Premises, or any part thereof, any mechanic's,
materialman's, contractor's or subcontractor's liens arising
from, or any claim for any work of construction, repair,
restoration, replacement or improvement of or to the Premises or
any other claim or demand howsoever the same may arise, but
Tenant shall pay or cause to be paid any and all such claims or
demands before any action is brought to enforce the same against
the Premises. Tenant agrees to indemnify and hold Landlord and
the Premises free and harmless of all liability for any and all
such claims and demands, together with Landlord's reasonable
7
attorneys' fees and all costs and expenses in connection
therewith.
10. Utilities.
Tenant shall pay the cost of any and all water,
electrical, gas or other utility services delivered to the
Premises during the term hereof and shall have such utilities
installed and/or connected and maintained at Tenant's sole cost
and expense.
11. Taxes and Assessments.
Tenant shall pay, or cause to be paid, before
delinquency, any and all taxes or assessments levied or assessed
and which become payable during the term hereof upon the
Premises, leasehold improvements, equipment, furniture fixtures
and personal property located in or about the Premises, including
possessory interest taxes, if any. Tenant agrees that, without
prior demand or notice by City, Tenant shall, not less than five
(5) days prior to the day upon which any such possessory interest
or other such tax is due, provide Landlord with proof of payment
of such tax.
12. Holding Over.
If Tenant remains in possession of the Premises or any
part thereof after the expiration of the term hereof, with the
express written consent of Landlord, such occupancy shall be a
tenancy from month-to-month.
8
13. Entry hy Landlord.
Tenant hereby agrees that Landlord, or Landlord's
representative designated in writing by Landlord, shall, during
normal business hours, have the right to enter the Premises and
inspect the same to determine if the same complies with each and
every term and condition of this Lease. Tenant hereby waives any
claim for damages or for any injury or inconvenience to or
interference with Tenant's business, any loss of occupancy or
quiet enjoyment of the Premises, and any loss occasioned thereby.
Any entry upon the Premises obtained hereunder by Landlord, shall
not, under any circumstances, be construed or deemed to be a
forcible or unlawful entry into, or a detainer of, the Premises,
or an eviction of Tenant from the Premises or any portion
thereof.
14. Default.
The occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by
Tenant:
A. Abandonment of the Premises by Tenant;
B. The failure by Tenant to make any payment of rent
or any other payment required to be made by Tenant hereunder, as
and when due, where such failure shall continue for a period of
ten (10) days after written notice thereof by Landlord to Tenant;
C. A failure by Tenant to observe or perform any of
the covenants, conditions or provisions of this Lease to be
observed or performed by Tenant, other than as described in
OJ
subparagraph 14.B., above, where such failure shall continue for
a period of thirty (30) days after written notice thereof by
Landlord to Tenant; provided, however, that if the nature of the
default involves such that more than thirty (30) days are
reasonably required for its cure, then Tenant shall not be deemed
to be in default if Tenant commences such cure within such thirty
(30) day period and thereafter diligently prosecutes said cure to
completion; and
D. The adjudication of Tenant as bankrupt.
15. Remedies in Default.
In the event of any such material default or breach by
Tenant, Landlord may at any time thereafter and without notice or
demand and without limiting Landlord in the exercise of a right
or remedy Landlord may have by reason of such default or breach:
A. Terminate Tenant's right to possession of the
Premises by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of
the Premises to Landlord. In such event, Landlord shall be
entitled to recover from Tenant all damages incurred by Landlord
by reason of Tenant's default including, but not limited to, the
cost of recovering possession of the Premises, reasonable
attorneys' fees and costs, any real estate commission actually
paid, or the worth at the time of award by the court having
jurisdiction thereof of the amount by which the unpaid rent for
the balance of the term after the time of such award exceeds the
amount of such rental loss for the same period that Tenant proves
10
could be reasonably avoided. Unpaid installments of rent or
other sums shall bear interest from due date thereof at the rate
of seven percent (7%) per annum or at the maximum legal rate then
in effect in California, whichever is higher. In the event
Tenant shall have abandoned the Premises, Landlord shall have the
option of (1) taking possession of the Premises and recovering
from Tenant the amount specified in this subparagraph, or (2)
proceeding under the provisions of the following subparagraphs.
B. Maintain Tenant's right to possession, in which
case this Lease shall continue in effect whether or not Tenant
shall have abandoned the Premises. In such event, Landlord shall
be entitled to enforce all of Landlord's rights and remedies
under this Lease, including the right to recover rent as it
becomes due hereunder, subject to the limitations set forth in
Paragraph 5, above.
C. Pursue any other remedy now or hereafter available
to Landlord under the laws or judicial decisions of the State of
California. Furthermore, Tenant agrees that no election by
Landlord as to any rights or remedies available hereunder or
under or pursuant to any law or judicial decisions of the State
of California shall be binding upon Landlord until the time of
trial of any such action or proceeding.
16. Eminent Domain.
If more than twenty-five percent (25%) of the Premises
shall be taken or appropriated by any public or quasi -public
authority under the power of eminent domain, Tenant shall have
11
the right, at its option, to terminate this Lease, and Landlord
shall be entitled to any and all income, rent, award, or any
interest therein whatsoever which may be paid or made in
connection with such public or quasi -public use or purpose, and
Tenant shall have no claim against Landlord for the value of any
unexpired term of this Lease. If either less than twenty-five
percent (25%) of the Premises is taken, or Tenant does not elect
to terminate as herein provided, the rental thereafter to be paid
shall be equitably reduced.
17. Offset Statement.
Tenant shall at any time and from time to time upon not
less than thirty (30) days' prior written notice from Landlord,
execute, acknowledge and deliver to Landlord a statement in
writing A. certifying that this Lease is unmodified and in full
force and effect or, if modified, stating the nature of such
modification and certifying that this Lease, as so modified, is
in full force and effect and the date to which the rental and
other charges are paid in advance, if any, and B. acknowledging
that there are not, to Tenant's knowledge, any defaults on the
part of Landlord hereunder, or specifying such defaults if any
are claimed. Any such statement may be relied upon by any
prospective purchaser or encumbrancer of all or any portion of
which the Premises are a part.
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18. Assignment and Subletting.
Tenant shall not assign or transfer this Lease or any
right or obligation hereunder to any other party or parties nor
shall Tenant sublet all or any portion of the Premises without
first obtaining the written consent of Landlord, which consent
shall not unreasonably be withheld. Any assignment or subletting
of the Premises without such prior written consent shall be void
for all purposes and Landlord may, at its option, declare a
forfeiture of the same in any manner provided by law.
19. Attorneys' Fees.
In the event that any action or proceeding is brought
by either party to enforce any term or provision of this Lease,
the prevailing party shall recover its reasonable attorneys' fees
and costs incurred with respect thereto.
20. Fixtures.
All trade fixtures and/or temporary facilities
installed or on the Premises by Tenant may be removed by Tenant
at any time during the term of this Lease so long as the same may
be removed without permanent damage to the Premises. Tenant
shall repair all damage which may result therefrom to the
reasonable satisfaction of Landlord.
21. Indemnification.
Tenant shall indemnify and hold harmless Landlord from
and against any and all claims arising from Tenant's use of the
Premises, or from the conduct of Tenant's governmental and/or
proprietary activities on or related to the Premises, or from any
13
activity, work or things done, permitted or suffered by Tenant in
or about the Premises or elsewhere, and shall further indemnify
and hold harmless Landlord from and against any and all claims
arising from any breach or default in the performance of any
obligation on Tenant's part to be performed under the terms of
this Lease, or arising from any negligence of the Tenant, or any
of Tenant's agents, contractors, employees, guests, or invitees
and against all costs, attorneys' fees, expenses and liabilities
incurred in the defense of any such claim or any action or
proceeding brought thereon; and in case any action or proceeding
be brought against Landlord by reason of any such claim, Tenant
upon notice from Landlord shall defend the same at Tenant's
expense by counsel satisfactory to Landlord. Tenant, as a
material part of the consideration to Landlord, hereby assumes
all risk of damage to property or injury to persons, in, upon or
about the Premises arising from any cause and Tenant hereby
waives all claims in respect thereof against Landlord.
22. Waiver.
The waiver by Landlord of any term, covenant or
condition herein contained shall not be deemed to be a waiver of
such term, covenant or condition on any subsequent breach of the
same or any other term, covenant or condition herein contained:
The subsequent acceptance of rent hereunder by Landlord shall not
be deemed to be a waiver of any preceding breach by Tenant of any
term, covenant or condition of this Lease, other than the failure
of the Tenant to pay the particular rental so accepted,
14
regardless of Landlord's knowledge of such preceding breach at
the time of acceptance of such rent.
23. Time.
Time is of the essence of this Lease and each and all
Of its provisions in which performance is a factor.
24. Late Charges.
If any installment of rent or of a sum due from Tenant
shall not be received by Landlord within ten (10) days after
written notice that said amount is past due, then Tenant shall
pay to Landlord a late charge equal to ten percent (lo%) of such
overdue amount. The parties hereby agree that such late charges
represent a fair and reasonable estimate of the cost that
Landlord will incur by reason of the late payment by Tenant.
Acceptance of such late charges by Landlord shall in no event
constitute a waiver of Tenant's default with respect to such
overdue amount, nor prevent Landlord from exercising any of the
other rights and remedies granted hereunder.
25. Sale of Premises j?y Landlord.
In the event of any sale of the Premises, Landlord
shall be and hereby is entirely freed and relieved of all
liability under any and all of the covenants and obligations
contained in or derived from this Lease arising out of any act,
occurrence or omission occurring after the consummation of such
sale. The purchaser, at such sale or any subsequent sale of the
15
Premises, shall be deemed, without any further agreements between
the parties or their successors in interest or between the
parties and any such purchaser, to have assumed and agreed to
carry out each and all of the covenants and obligations of
Landlord under this Lease.
26. Successors.
Subject to the provisions of this Lease with respect to
assignment and subletting, each and all of the covenants and
conditions of this Lease shall be binding on and shall inure to
the benefit of the successors of the respective parties.
27. Notices.
Any notice required or permitted under the terms of
this Lease shall be deemed served when personally served on
Tenant or Landlord or when the same has been placed in the United
States mail, postage prepaid and addressed as follows:
Landlord: General Manager
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
Tenant: City of Diamond Bar
Attention: City Manager
21660 E. Copley Drive
Suite 100
Diamond Bar, California 91765
28. Option to Purchase.
Landlord hereby irrevocably grants to Tenant, for the
term of this Lease, an option to purchase the Premises by Tenant.
Said option to purchase may be exercised by Tenant, at any time
16
during the term of this Lease, by written notice given to
Landlord of Tenant's exercise of said option, upon thirty (30)
days notice to Landlord. Landlord and Tenant agree that the
purchase price for the Premises shall be One Dollar ($1.00) plus
the total amount of all rental payments due for the remaining
term of this Lease, if any. Upon exercise of the option to
purchase specified herein, Landlord agrees to convey title by
quitclaim deed to Tenant. Title insurance, of obtained, shall be
obtained by Tenant at Tenant's sole cost and expense.
29. Tra_ nsfer "As Is" and Environmental Indemnity.
Tenant hereby represents that it has conducted all
testing, inspection and analysis it deems necessary with regard
to the condition of the Premises. Landlord and Tenant agree that,
upon exercise of the option specified in paragraph 28, above,
Tenant shall take possession of and title to the Premises as is
and with all faults and Tenant hereby specifically waives any
rights Tenant may have against Landlord with regard to the
condition of the Premises including, but not limited to, soils,
toxic or hazardous materials, fill material, compaction, geologic
constraints and faults. Tenant also further agrees to indemnify
and hold harmless Landlord from and against any and all claims,
losses, liabilities, damages, demands, actions, judgments, causes
of action, assessments, penalties, costs and expenses (including,
without limitation, the reasonable fees and disbursements of
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legal counsel and accountants) and all foreseeable and
unforeseeable consequential damages which might arise or be
asserted against Landlord as a result of a claimed violation of
any and all present and future federal, state and local laws
(whether under common law, statute, rule, regulation or
otherwise), including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(CERCLA) and the applicable provisions of the California Health
and Safety Code and the California Water Code, relating to the
environment or to any hazardous substance, activity or material
connected with the condition of the Premises. This environmental
indemnify, and the indemnity set forth in Paragraph 21, shall
survive the expiration or termination of this lease as to
activities taking place or occurring on or about the Premises
prior to such expiration or termination, and, in the event Tenant
exercises the option to purchase set forth in paragraph 28 and
thereafter acquires title to the Premises, shall survive the
close of said sale to Tenant.
30. Quitclaim of Interests.
Tenant agrees that Tenant shall, through its duly
authorized officers, execute any and all instruments necessary to
effect this Lease including, in the event of default or
non -exercise of the option specified in paragraph 28, above, a
quitclaim deed in favor of Landlord.
18
31. Insurance Regarding Improvements.
Prior to construction of any improvements upon the
Premises, Tenant shall submit building plans, profiles, grading
plans and related documents for approval by Landlord, which
approval shall not unreasonably be withheld. Tenant shall,
additionally, obtain appropriate insurance regarding any such
construction, including fire insurance, which insurance shall
include Landlord as a named additional insured. The type(s) of
insurance and amount(s) thereof shall be subject to approval by
Landlord, which approval shall not unreasonably be withheld. For
purposes of this paragraph 31, the parties agree that insurance
obtained during the course of construction of any such
improvements may be provided by the contractor(s) installing such
improvements.
32• Entire Agreement.
This Lease contains the entire agreement between the
parties. No promise, representation, warranty, or covenant not
included in this Lease has been or is relied on by either party.
Each party has relied on its own examination of this Lease, the
counsel of its own advisors, and the warranties, representations,
and covenants in the Lease itself. The failure or refusal of
either party to inspect the Premises or improvements, to read the
Lease or other documents or to obtain legal or other advice
relevant to this transaction constitutes a waiver of any
objection, contention, or claim that might have been based on
such reading, inspection, or advice.
19
WHEREFORE, the parties hereto have entered into the
Lease as of the date set forth below opposite the name of each
signatory hereto.
Walnut Valley Water District,
a public entity
"Landlord"
Dated:
Chairman
Dated:
Secretary
City of Diamond Bar,
a Municipal Corporation
"Tenant"
Dated:
Mayor
Dated:
City Clerk
N11011\LEASE1kDB 2.8C 20
ATTACHMENT A
THE LAND REFERRZD TO IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA. COUNTY OF r_nc_ kddzLt_c AND IS DESCRILED AS
FOLLOWSs
COMMENCING AT THE INTERSECTION OF THE GENERAL. WESTERLY LINE
OF THAT CERTAIN 100 FOOT STRIP OF LAND DESCRIBED IN TH3 DEED
TO THE STATE OF CALIFORNIA. RECORDED IN B00K 11634 PAGE 114
OF OFFICIAL RECORDS, IN THE OFFICE OF TBE COUNTY RECORDER OF
SAID COUNTY, WITH THE SOUTHERLY LINE OF SAID SECTION 17;
?HENCE ALONG SAID SOUTHERLY LINE SOUTH 89 DEGREES 44' 14'
WEST 270.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
45 DEGREES 48' 27' WEST 124.65 FEET; THENCE NORTH 22 DEGREES
04' 04' EAST 119.78 FEET; THENCE NORTH 38 DEGREES 0" 31'
EAS? 200.85 FEE?; ?HENCE NORTH 34 DEGREES 15' 21' WEST 83.39
FEE?; THENCE NORTH 00 DEGREES OS' 22' EAST 70.23 FEET; THENCE
SOUTH 89 DEGREES 14' 40' WEST 181.59 FEET TO A POINT. SAID
POINT BEING CALLED POINT 'A' FOR THE PURPOSE OF THIS
DESCRIPTION; THENCE CONTINUING SOUTH 89 DEGREES 14' 401 WEST
213.41 FEET; THENCE SOUTH 00 DEGREES 45' 200 EAST 491.09 FEET
MORE 01 LESS TO THE SOUTHERLY LINE OF SAID SECTION 17; THENCE
NORTH 89 DEGREES 49' 14' EAST 355.69 FEET MORE 01 LESS TO THE
TRUE POINT OF BEGINNING.
No. .� � r 1 7
to
i1ro),
"F0,6 86
roo/'
POR. 5E.1/4 SEC. 17 ��
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N !�•�i'ts'F.tl.y
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BK.
8765
Recorded At the Request
Of And When Recorded
Mail To:
City Clerk
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Free Recording Requested
per California Government
Code § 27383
MEMORANDUM OF LEASE
This Memorandum of Lease is made this day of
1992, by and between WALNUT VALLEY WATER
DISTRICT, a public entity ("Landlord") and the CITY OF DIAMOND
BAR, a municipal Corporation ("Tenant"), who agree as follows:
1. Teras and Premises. Landlord leases to Tenant, and
Tenant leases from Landlord, the real property located in Diamond
Bar, Los Angeles County, California, described in Exhibit "A"
attached to this Memorandum of Lease, for a term commencing July
1, 1992 and ending June 30, 1996 on the provisions of the Lease
between the parties, which Lease is dated on the same date as
this Memorandum of Lease ("the Lease"). These provisions are
incorporated into this Memorandum of Lease by reference.
2. Exclusive Right --S,- Landlords Agreements. Reference is
made to paragraph 6 of the Lease, which provides as follows:
A. Landlord gives to Tenant and its authorized
representatives and invitees the exclusive right to use the
Premises for any purpose.
B. At all times during the term, Tenant shall
maintain the Premises in good condition and Landlord shall not
1
make any changes in or about the Premises without Tenant's
consent.
3. Tenant's Option to Purchase Premises. Reference is
made to paragraph 28 of the Lease, in which Landlord grants to
Tenant an option to purchase the Premises pursuant to the
provisions in that paragraph.
4. Provisions Binding on Landlord. The provisions of the
Lease to be performed by Landlord, whether to be performed at the
Premises or otherwise and whether affirmative or negative in
nature, are intended to and shall bind Landlord and Landlord's
successors and assigns at any time, and shall inure to the
benefit of Tenant and its successors.
S. Purpose of Memorandum of Lease. This Memorandum of
Lease is prepared for the purpose of recordation, and it in no
way modifies the provisions of the Lease referred to in paragraph
1, above.
Dated:
Dated:
Dated:
Dated:
WALNUT VALLEY WATER DISTRICT,
a public entity
"Landlord"
CITY OF DIAMOND BAR
a Municipal Corporation
"Tenant"
Mayor
City Clerk
2
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of , 1992, before
me, the undersigned, a Notary Public in and for said State,
personally appeared of the WALNUT VALLEY
WATER DISTRICT, a public entit
y, and
personally known to me to be the of the
WALNUT VALLEY WATER DISTRICT, a public entity, and said persons
are known to me to be the persons who executed the within
instrument on behalf of the WALNUT VALLEY WATER DISTRICT and
acknowledged to me that the WALNUT VALLEY WATER DISTRICT executed
the same.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of , 1992, before
me, the undersigned, a Notary Public in and for said State,
personally appeared personally known to me
to be the Mayor of the City of Diamond Bar, a Municipal
Corporation, and LYNDA BURGESS, personally known to be to be the
City Clerk of the City of Diamond Bar, a Municipal Corporation,
and said persons are known to me to be the persons who executed
the within instrument on behalf of the City of Diamond Bar and
acknowledged to me that the City of Diamond Bar executed the
same.
WITNESS my hand and official seal.
Notary Public in and for said State
N\1011\MEH0LSE\DB 2.8C
EXHIBIT A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED
IN:
WALNUT VALLEY WATER DISTRICT, A PUBLIC CORPORATION
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE GENERAL WESTERLY LINE OF
THAT CERTAIN 100 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO
THE STATE OF CALIFORNIA, RECORDED IN BOOK 11634 PAGE 114 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITH THE SOUTHERLY LINE OF SAID SECTION 17: THENCE
ALONG SAID SOUTHERLY LINE SOUTH 89 DEGREES 45' 14" WEST 270.85
FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 45 DEGREES
48' 27" WEST 124.65 FEET: THENCE NORTH 22 DEGREES 04' 04" EAST
119.78 FEET; THENCE NORTH 36 DEGREES 07' 31" EAST 200.85 FEET:
THENCE NORTH 34 DEGREES 15' 21" WEST 83.39 FEET; THENCE NORTH
00 DEGREES 05' 22" EAST 70.23 FEET; THENCE SOUTH 89 DEGREES
14' 40" WEST 181.59 FEET TO A POINT. SAID POINT BEING CALLED
POINT "A" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINU-
ING SOUTH 89 DEGREES 14' 40" WEST 213.41 FEET: THENCE SOUTH 00
DEGREES 45' 20" EAST 491.00 FEET MORE OR LESS TO THE SOUTHERLY
LINE OF SAID SECTION 17: THENCE NORTH 89 DEGREES 49' 14" EAST
355.69 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. ? 2_
TO: Terrence L. Belanger, Acting City Manager
MEETING DATE: June 30, 1992 REPORT DATE: June 25, 1992
FROM: Kellee A. Fritzal, Administrative Assistant
TITLE: CONSIDERATION OF A REQUEST TO NAME THE OAK AS THE OFFICIAL CITY TREE
SUMMARY:
The Parks and Recreation Commission received a citizen request to adopt the Oak as the official City tree.
After review of the request, the Commission felt that recognition of the Oak as the official tree of Diamond Bar
would reinforce the City's desire to protect these wonders of nature. Currently the City has an Oak Tree
Ordinance to protect, preserve and maintain healthy oak trees in the development process.
RECOMMENDATION:
The Parks and Recreation Commission recommends that the City Council designate the Oak as the official City
Tree.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other- Letter from citizen
1. Has the resolution, ordinance or agreement been reviewed N/A
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission? Parks and Recreation Commission
5. Are other departments affected by the report?
Report discussed with the following affected departments:
Community Development Department
REV��InnE��WE .,,
Terrence L. Belanger
Acting City Manager
_ Yes _ No
MAJORITY
_ Yes X No
X Yes No
X Yes _ No
Bob Rose Kellee A. Fritzal
Parks and Recreation Director Administrative Assistant
CITY COUNCIL REPORT
MEETING DATE: June 30, 1992
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: CONSIDERATION OF A REQUEST TO NAME THE OAK AS THE OFFICIAL
CITY TREE
ISSUE STATEMENT:
The oak tree is an important existing resource within the City. The Parks and Recreation Commission received
a citizen request to adopt the Oak as the official City tree. After review of the request, the Commission felt
that recognition of the Oak as the official tree of Diamond Bar would reinforce the City's desire to protect these
wonders of nature. Currently the City has an Oak Tree Ordinance to protect, preserve, and maintain healthy
oak trees in the development process. The designation of the Oak as the official City Tree would serve as a
symbolic gesture consistent with City Council's commitment to preserve the Oak tree in Diamond Bar.
RECOMMENDATION:
The Parks and Recreation Commission recommends that the City Council designate the Oak as the official City
Tree.
FINANCIAL SUMMARY:
There is no known financial impact in the designation of the Oak as the official City Tree.
BACKGROUND:
There are 18 different species of the oak (quercus) in California, examples being the California Scrub Oak, the
California Black Oak and the Canyon Live Oak. Prior to development in Diamond Bar, there were canyons
filled with trees, including the oak, that were an identifying element of the area to travelers. The oak has
provided food and shelter for a rich diversity of wildlife. Oak acorns were a dietary staple of the first California
settlers.
California's oak heritage depends largely on resource management and policy decisions that affect private lands.
The long range goal of oak preservation requires a multi -faceted strategy that addresses the sustainability of the
resource as well as the needs of property owners.
Upon incorporation the City adopted the County of Los Angeles Planning and Zoning Codes. Planning and
Zoning Code Section 22.56.2050 pertains to Oak Tree Permits. The oak tree permit is established to (a) to
recognize oak trees as significant historical, aesthetic and ecological resources, and, (b) to create favorable
conditions for the preservation and propagation of this unique, threatened plant heritage, for the benefit of
current and future residents.
The intent of the ordinance is to preserve and protect oak trees. However, an oak may be relocated or removed,
as part of a development proposal, if approved by the Planning Commission subject to a detailed replacement
policy.
DISCUSSION:
The intent of naming the Oak as the official City Tree is to create a symbolic gesture consistent with City
Council's commitment to preserve the Oak tree in Diamond Bar. Preservation and protection issues related to
the Oak tree are covered in the Planning and Zoning Code Section 22.56.2050. The Oak tree's designation as
official City Tree does not alter this, but should create a heightened awareness of the protection afforded the
Oak tree in Diamond Bar. One objective of the draft General Plan Resource Management Element is educating
the community about local natural resources. The Parks and Recreation Commission recommends that an
informational brochure be created in the future that describes the heritage and importance of the Oak in
California's history, plus includes information on care and maintenance of oak trees.
PREPARED BY:
Kellee A. Fritzal
Administrative Assistant
1344 Red Bluff Lane
Walnut., CA 91789
May 1, 1991
Ms. Lydia Plunk
Parks and Recreation Commissioner
City of Diamond Bar
1522 Deerfoot Drive
Diamond Bar, CA 91765
Dear Lydia:
SUBJECT: MAKE OUR NATIVE OAKS THE DIAMOND BAR CITY TREE!
As proud members of this wonderful city of Diamond Bar, we
are fortunate to enjoy the beauty of our many native oak
trees. They have lived in our rolling hills long before any
of us were born. They are home to many important plant
communities and animals. At night, we can hear owls hooting
in the oaks' branches; by day, we are serenaded with the
calming songs of soaring birds. Valuable native oak trees
are part of our city's heritage; they should all be
preserved for future generations and named the City Tree.
Respectfully yours,
Janelle Coluzzi Strunk
Citizen of the City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. �J
TO: Terrence L. Belanger, Acting City Manager
MEETING DATE: June 30, 1992 REPORT DATE: June 24, 1992
FROM: James DeStefano, Community Development Director
TITLE: General Plan
SUMMARY: The General Plan expresses a comprehensive strategy for the management of
growth and change within the community throughout the next twenty years. On
June 9 the City Council began a series of public hearings on the General Plan.
The purpose of the June 30 public hearing is to review the Plan for Community
Development (Housing Element) and the Plan for Resource Management (Open
Space and Conservation Element).
The Housing Element is a comprehensive assessment of current and projected
housing needs for all segments of the community and all economic groups. In
addition, it embodies policy for providing adequate housing and includes action
programs for this purpose.
The Conservation Element addresses the conservation, development, and use of
natural resources including water, forests, soils, rivers, and mineral deposits.
The Open -space Element details plans and measures for preserving open space for
natural resources, the managed production of resources, outdoor recreation,
public health and safety, and the identification of agricultural land.
RECOMMENDATION: It is recommended that the City Council receive testimony on the General Plan,
review the Housing, Open Space, and Conservation Elements and continue the
hearing to July 7, 1992.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
Ordinances(s)
_ Agreement(s)
Other
EXTERNAL DISTRIBUTION: Library
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes X No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
X Yes —No
4.
Has the report been reviewed by a Commission?
X Yes _ No
Which Commission?
Planning
5.
Are other departments affected by the report?
X Yes _ No
Report discussed with the following affected departments:
REVIEWED BY '
1
Terrence L. Belange
Acting City Manager
Jams DeStefano
Community DevelopirLnt Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 30, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, Acting City Manager
SUBJECT: Review of the General Plan - Housing, Conservation and Open
Space Elements.
ISSUE STATEMENT:
The General Plan expresses a comprehensive strategy for the management of
growth and changes within the community throughout the next twenty years. On
June 9 the City Council began a series of public hearings on the General
Plan. The purpose of the June 30 public hearing is to review the Plan for
Community Development (Housing Element) and the Plan for Resource Management
(Conservation and Open Space Elements).
The Housing Element is a comprehensive assessment of current and projected
housing needs for all segments of the community and all economic groups. In
addition, it embodies policy for providing adequate housing and includes
action programs for this purpose.
The Conservation Element addresses the conservation, development, and use of
natural resources including water, forests, soils, rivers, and mineral
deposits.
The Open -space Element details plans and measures for preserving open space
for natural resources, the managed production of resources, outdoor
recreation, public health and safety, and the identification of agricultural
land.
RECOMMENDATION:
It is recommended that the City Council re -open the public hearing on the
General Plan, receive testimony on and review the Plan for Community
Development (Housing Element) and the Plan for Resource Management (Open
Space and Conservation Elements), and continue the public hearing to July 7,
1992.
BACKGROUND:
The City Council began the public hearing process and its review of the
General Plan on June 9, 1992. Since that time, the Council has reviewed the
Plan for Public Services and Facilities and the Plan for Public Health and
Safety and the Plan for Community Development (Land Use Element).
1
The purpose of the June 30, 1992, public hearing is to continue public review
of the entire General Plan with specific emphasis on the Plan for Community
Development (Housing Element) and the Plan for Resource Management (Open
Space and Conservation Elements).
HOUSING ELEMENT
The Housing Element is a comprehensive assessment of current and projected
housing needs for all segments of the City and all economic groups. The
Element embodies policy for the provision of adequate housing. The Housing
Element has been prepared in accordance with State Law as have all other
components of the General Plan. Housing is a matter of Statewide policy and
therefore, specific provisions for compliance with State housing goals must
be addressed.
The purpose of the housing section of the Plan for Community Development is
to identify local housing problems and needs and to identify measures to
mitigate or alleviate the problems and needs for all economic segments of the
community. This is the only element of the General Plan required by State
Law to contain specific, measurable objectives. The Housing Element contains
an extensive assessment of issues, opportunities, housing conditions, needs,
resources and constraints.
The Southern California Association of Government (SCAG) has prepared a
Regional Housing Needs Assessment (RHNA). the RHNA estimates the total
projected need for housing in the region and specific share each city must
provide. Based upon the calculations, the City of Diamond Bar is required to
develop and implement policies which will permit and effectuate and provide
for housing over the next five (5) years as follows:
Units Income range
117 very low (up to 50% of median county income)
182 low (up to 80% of median county income)
144 moderate (up to 120% of median county income)
338 upper (over 120% of median county income)
781
State goals are an integral part of the Housing Element. The State
Department of Housing and Community Development (HCD) reviews local housing
elements for compliance with state law. HCD has reviewed our element and
offered comments. HCD provides suggestions for changes, however, we are not
required to make changes based upon HCD's analysis. In fact, although the law
has been in effect for many years, only 21 percent of the 509 cities and
counties in the State have housing elements in compliance with State Law.
The State cannot force local governments to make changes unless the Attorney
General decides to litigate the city. Most cities are clearly not interested
or motivated to implement state housing goals, preferring to push the problem
to another community or ignore the housing needs of the State.
Pursuant to State law, a draft of the proposed Housing Element was forwarded
to the California Department of Housing and Community Development (HCD) for
their review. HCD forwarded numerous comments to the City. The Planning
Commission reviewed the GPAC's housing recommendations, as well as HCD's
comments, and made certain revisions to the housing portion of the General
Plan. Primary among the Planning Commission's housing recommendations is the
establishment of a locally supported housing improvement fund and the
provision of a density bonus for low and moderate income housing projects.
OPEN SPACE AND CONSERVATION ELEMENTS
Open Space Elements and Conservation Elements were first required to be a
part of city and county General Plans in 1970. Within Diamond Bar, many
issues dealing with conservation also overlap issues related to open space,
such as "open space for the preservation of natural resources" and "open
space for the managed production of resources" (State of California General
Plan Guidelines). As a result of this overlap and interdependency, these two
general plan requirements have been combined into a Plan for Resource
Management, which is permitted under State Law.
The Plan for Resource Management discusses "open -space land" issues, defined
by Section 65560(b) of the Government Code as "any parcel or area of land or
water which is essentially unimproved and devoted to open space use..." Open
space uses encompass four principal categories: natural resources; managed
production of resources; outdoor recreation; and public health and safety.
The Plan for Resource Management establishes strategies for effectively
managing local natural resources to prevent waste, destruction, or neglect.
This portion of the General Plan is concerned with the conservation,
development, and utilization of natural resources such as water (including
reclaimed wastewater), energy, and the disposal and reuse of solid wastes. As
recommended in state law, agriculture and mineral resources are two other
natural resources that are analyzed.
The General Plan text provides an excellent resource for understanding our
current housing, open space and conservation conditions, issues and
opportunities and the Planning Commission recommendations for the future.
Please review the Planning Commission approved Elements. Please, also review
the relevant sections of the Master Environmental Assessment and the Master
Environmental Impact Report.
Prepared by:
Ja es Destefano Community Development Director
JDS\mco
attachments: 1. Review of Housing Element by State Department Of Housing
& Community Development - Letter dated August 27, 1991.
2. State of California General Plan Guidelines as pertains
to the Housing, Open Space and Conservation Elements.
3. New Income Limits (May 1992) provided by the State
Department of Housing and Community Development -
received June 22, 1992.
4. Please refer to previously distributed elements and
Planning Commission Minutes regarding Housing, Open
Space, and Conservation Element discussion.
4
PLANNING NETWORK TRANSMITTAL
TO: Jim DeStefano
Planning Department
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
(714) 396-5676
PROJECT:
DMB GP 23100491-08
SUBJECT:
Land Use Element
DATE:
June 26, 1992
THE FOLLOWING ITEM(S) ARE TRANSMITTED: HEREWITHIN
—UNDER SEPARATE COVER
(VIA, CHECK ONE)
w
US MAIL _
COURIER xx_
EXPRESS MAIL
FEDERAL EXPRESS
UPS —
---
UPS OVERNIGHT
FACSIMILE/NO. (714) 861-3117
NUMBER OF PAGES (INCLUDING COVER):
LIST ITEM(S):10 sets of the Revised Land Use Element from the General Plan.
COMMENTS: As we discussed.
IF ITEMS ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE.
FROM: Lloyd B. Zola, AICP
President
LAND PLANNING AND DESIGN - POLICY ANALYSIS - ENVIRONMENTAL STUDIES - PROJECT MANAGEMENT
9375 ARCHIBALD AVENUE, SUITE 101, RANCHO CUCAMONGA, CALIFORNIA 91730
TELEPHONE (714) 945-2738, FAX (714) 945-1346
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPWtkIT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800THIRD STREET, Room,430
P.O BOX 952053
SACRAMENTO, CA 94252-2053
(916) 323-3176 FAX (916) 3236625
May 1992
To: Interested Parties
Subject: New Income Limits
Attached for your information is a copy of new very low, lower, median, and moderate
income ImI
California Health and Safety Code Sections 50079.5 and 50105 provide that the lower
and very low income limits established by the U. S. Department of Housing and
Community Development (HUD) are the State limits for those income categories.
Sections 50059.5 and 50105 direct the Department of Housing and Community
Development (HCD) to publish the income limits. Accordingly, HCD has filed with the
Office of Administrative Law amendments to Section 6932 of Title 25 of the California
Code of Regulations. The amendments to Section 6932 contain the new HUD income
limits. The amendments also include new median income group and moderate income
group limits, prepared by HCD pursuant to Health and Safety Code Section 50093.
If you have any questions concerning the income limits, please contact Don Crow at
(916) 323-3175.
Sincere) ,
Thomas B. Cook, Deputy Director
Housing Policy Development
Attachment
6932 — INCOME LIMITS — May 1992
1
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
8
ALAMEDA
Very low income
16400
18700
21050
23400
25250
27150
29000
30900
Area median:
Lower income
26200
29950
33700
37450
40450
43450
46400
49400
$46,800
Median income
32750
37450
42100
46800
50550
54300
58050
61800
Moderate income
39300
44900
50550
56150
60650
65150
69650
74100
ALPINE
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$31,500
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
AMADOR
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$32,600
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
BUTTE
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
CALAVERAS
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$32,400
Median income
24500
28000
31S00
35000
37800
40600
43400
46200
Moderate income
29400
33600
37600
42000
45350
48700
52100
55450
COLUSA
Very low income
12950
14800
16650
18500
20000
21450
22950
24400
Area median:
Lower income
20700
23 700
26650
29600
31950
34350
36700
39050
$37,000
Median income
25900
29600
33300
37000
39950
42900
45900
48850
Moderate income
31100
35SOO
39950
44400
47950
51500
55050
58600
CONTRA COSTA
Very low income
16400
18700
21050
23400
25250
27150
29000
30900
Area median:
Lower income
26200
29950
33 700
37450
40450
43450
46400
49400
$46,800
Median income
32750
37450
42100
46800
50550
54300
58050
61800
Moderate income
39300
44900
SOSSO
56150
60650
65150
69650
74100
DELNORTE
Very low income
11200
12900
14400
16000
17300
18550
19850
21100
Area median:
Lower income
17900
20500
23050
25600
27650
29700
31750
33800
$31,500
Median income
22400
25600
26600
32000
34550
37100
39700
42250
Moderate income
26900
30700
34000
38400
41450
44550
47600
50700
ELDORADO
Very low income
13900
15900
17850
19850
21450
23050
24600
26200
Area median:
Lower income
22250
25400
26600
31750
34300
36850
39400
41900
$39,700
Median income
27800
31 7SC
35 750
39700
42900
46050
49250
52400
Moderate income
33350
38100
42900
47650
51450
55250
59100
62900
1
6932 — INCOME LIMITS — May 1992
2
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
g
FRESNO
Very low income
11700
13350
15050
16700
18050
19350
20700
22050
Area median:
Lower income
18700
21400
24050
26700
28850
31000
33150
35250
$33,400
Median income
23400
26700
30050
33400
36050
38750
41400
44100
Moderate income
28050
32100
36100
40100
43300
46500
49700
52950
GLENN
Very low income
12050
13750
15500
17200
18600
19950
21350
22700
Area median:
Lower income
19250
22000
24750
27500
29700
31900
34100
36350
$34,400
Median income
24100
27500
30950
34400
37150
39900
42650
45400
Moderate income
28900
33050
37150
41300
44600
47900
51200
54500
HUMBOLDT
Very low income
11500
13150
14800
16450
17750
19100
20400
21700
Area median:
Lower income
18400
21050
23700
26300
28400
30550
32650
34750
$32,200
Median income
23050
26300
29600
32900
35550
38150
40800
43450
Moderate income
27650
31600
35550
39500
42650
45800
49000
52150
IMPERIAL
Very low income
11600
13300
14950
16600
17950
19250
20600
21900
Area median:
Lower income
18600
21250
23900
26550
28700
30800
32950
35050
$31,500
Median income
23250
26550
29900
33200
35850
38500
41150
43800
Moderate income
27900
31900
35850
39850
43050
46250
49400
52600
INYO
Very law income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$33,200
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
KERN
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$33,300
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
KINGS
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
LAKE
Very low income
11200
12800
14400
16000
17300
18550
19850
21100
Area median:
Lower income
17900
20500
23050
25600
27650
29700
31750
33800
$31,500
Median income
22400
25600
28800
32000
34550
37100
39700
42250
Moderate income
26900
30700
34000
38400
41450
44550
47600
50700
LASSEN
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
2
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
1 2 3 4 5 6 7 8
/LOS ANGELES ery low income
16400
18750
21100
23450
25350
27200
43500
29100
46500
30950
49550
Area median:
Lower income
26250
30000
33750
37500
40500
$42,300
Median income
32850
37500
42200
46900
50650
54400
58150
61900
Moderate income
39400
45050
50650
56300
60800
65300
69800
74300
MADERA
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
MARIN
Very low income
19650
22450
25250
28050
30300
32550
34800
37050
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$49,900
Median income
39250
44900
50500
56100
60600
65100
69550
74050
Moderate income
47100
53850
60550
67300
72700
78050
83450
88850
MARIPOSA
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$31,500
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
MENDOCINO
Very low income
12100
13850
15550
17300
18700
20050
21450
22850
Area median:
Lower income
19400
22150
24900
27700
29900
32100
34300
36550
$31,500
Median income
24200
27700
31 150
34600
37350
40150
42900
45650
Moderate income
29050
33200
37350
41500
44800
48150
51450
54800
MERGED
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
MODOC
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
MONO
Very low income
12800
14600
16400
18250
19700
21150
22650
24100
Area median:
Lower income
20450
23350
26300
29200
31550
33850
36200
38550
$36,500
Median income
25550
29200
32850
36500
39400
42350
45250
48200
Moderate income
30650
35050
39400
43800
47300
50800
54300
57800
MONTEREY
Very low income
13350
15300
17200
19100
20650
22150
23700
25200
Area median:
Lower income
21400
24450
27500
30550
33000
35450
37900
40350
$38,200
Median income
26750
30550
34400
38200
41250
44300
47350
50400
Moderate income
32100
36700
41250
45850
49500
53200
56850
60500
3
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
8
NAPA
Very low income
14750
16900
19000
21100
22800
24500
26150
27850
Area median:
Lower income
23650
27000
30400
33750
36450
39150
41850
44550
$42,200
Median income
29550
33750
38000
42200
45600
48950
52350
55700
Moderate income
35450
40500
45600
50650
54700
58750
62800
66850
NEVADA
Very low income
13750
15700
17700
19650
21200
22800
24350
25950
Area median:
Lower income
22000
25150
28300
31450
33950
36450
39000
41500
$35,400
Median income
27500
31450
35350
39300
42450
45600
48750
51900
Moderate income
33000
37700
42450
47150
50900
54700
58450
62250
ORANGE
Very low income
18450
21100
23700
26350
28450
30550
32650
34800
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$52,700
Median income
36900
42150
47450
52700
56900
61150
65350
69550
Moderate income
44300
50600
56950
63250
68300
73350
78450
83500
PLACER
Very low income
13900
15900
17850
19850
21450
23050
24600
26200
Area median:
Lower income
22250
25400
28600
31750
34300
36850
39400
41900
$39,700
Median income
27800
31750
35750
39700
42900
46050
49250
52400
Moderate income
33350
38100
42900
47650
51450
55250
59100
62900
PLUMAS
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
RIVERSIDE
Very low income
12800
14650
16450
18300
19750
21250
22700
24150
Area median:
Lower income
20500
23400
26350
29300
31600
33950
36300
38650
$36,000
Median income
25600
29300
32950
36600
39550
42450
45400
48300
Moderate income
30750
35100
39500
43900
47400
50900
54450
57950
SACRAMENTO
Very low income
13900
15900
17850
19850
21450
23050
24600
26200
Area median:
Lower income
22250
25400
28600
31750
34300
36850
39400
41900
$39,700
Median income
27800
31750
35750
39700
42900
46050
49250
52400
Moderate income
33350
38100
42900
47650
51450
55250
59100
62900
SAN BENITO
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$33,200
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
SAN BERNARDINO
Very low income
12800
14650
16450
18300
19750
21250
22700
24150
Area median:
Lower income
20500
23400
26350
29300
31600
33950
36300
38650
$36,000
Median income
25600
29300
32950
36600
39550
42450
45400
48300
Moderate income
30750
35100
39500
43900
47400
50900
54450
57950
4
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
8
SAN DIEGO
Very low income
14500
16550
18650
20700
22350
24000
25650
27300
Area median:
Lower income
23200
26500
29800
33100
35750
38400
41050
43700
$41,300
Median income
29000
33100
37250
41400
44700
48000
51350
54650
Moderate income
34800
39750
44750
49700
53700
57650
61650
65600
SAN FRANCISCO
Very low income
19650
22450
25250
28050
30300
32550
34800
37050
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$49,900
Median income
39250
44900
50500
56100
60600
65100
69550
74050
Moderate income
47100
53850
60550
67300
72700
78050
83450
88850
SAN JOAQUIN
Very low income
*11900
13600
15300
17000
18350
19700
21100
22450
Area median:
Lower income
19050
21750
24500
27200
29350
31550
33750
35900
$34,000
Median income
23800
27200
30600
34000
36700
39450
42150
44900
Moderate income
28550
32650
36700
40800
44050
47350
50600
53850
SAN LUIS OBISPO Very low income
13900
15900
17850
19850
21450
23050
24600
26200
Area median:
Lower income
22250
25400
28600
31750
34300
36850
39400
41900
$37,000
Median income
27800
31750
35750
39700
42900
46050
49250
52400
Moderate income
33350
38100
42900
47650
51450
55250
59100
62900
SAN MATEO
Very low income
19650
22450
25250
28050
30300
32550
34800
37050
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$49,900
Median income
39250
44900
50500
56100
60600
65100
69550
74050
Moderate income
47100
53850
60550
67300
72700
78050
83450
88850
SANTA BARBARA
Very low income
17200
19700
22150
24600
26550
28550
30500
32450
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$49,200
Median income
34450
39350
44300
49200
53150
57050
61000
64950
Moderate income
41350
47250
53150
59050
63750
68500
73200
77950
SANTA CLARA
Very low income
20850
23800
26750
29750
32150
34500
36900
39250
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$59,500
Median income
41650
47600
53550
59500
64250
69000
73800
78550
Moderate income
50000
57100
64250
71400
77100
82800
88550
94250
SANTA CRUZ
Very low income
17500
20000
22500
25000
27000
29000
31000
33000
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$45,300
Median income
35000
40000
45000
50000
54000
58000
62000
66000
Moderate income
42000
48000
54000
60000
64800
69600
74400
79200
SHASTA
Very low income
11200
12800
14400
16000
17300
18550
19850
21100
Area median:
Lower income
17900
20500
23050
25600
27650
29700
31750
33800
$31,500
Median income
22400
25600
28800
32000
34550
37100
39700
42250
Moderate income
26900
30700
34000
38400
41450
44550
47600
50700
5
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
g
SIERRA
Area median:
Very low income
Lower income
13750
15700
17700
19650
21200
22800
24350
25950
$34,200
Median income
22000
27500
25150
31450
28300
31450
33950
36450
39000
41500
Moderate income
33000
37700
35350
42450
39300
47150
42450
50900
45600
48750
51900
54700
58450
62250
SISKIYOU
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650
22050
20150
25200
22700
25200
27200
29250
31250
33250
Moderate income
26450
30250
28350
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
SOLANO
Area median:
Very low income
Lower income
14750
16900
19000
21100
22800
24500
26150
27850
$42,200
Median income
23650
29550
27000
33750
30400
33750
36450
39150
41850
44550
Moderate income
35450
40500
38000
45600
42200
50650
45600
54700
48950
52350
55700
58750
62800
66850
SONOMA
Area median:
Very low income
Lower income
15350
17550
19750
21950
23700
25450
27200
28950
$42,900
Median income
24600
30750
28100
35100
31600
35100
37950
40750
43550
46350
Moderate income
36900
42150
39500
47450
43900
52700
47400
56900
50900
54450
57950
61150
65350
69550
STANISLAUS
Area median:
Very low income
Lower income
12100
13800
15500
17250
18650
20000
21400
22750
$34,500
Median income
19300
24150
22100
27600
24850
27600
29800
32000
34200
36450
Moderate income
29000
33100
31050
37250
34500
41400
37250
40000
42800
45550
44700
48000
51350
54650
SUTTER
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650
22050
20150
25200
22700
25200
27200
29250
31250
33250
Moderate income
26450
302SO
28350
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
TEHAMA
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650
22050
20150
25200
22700
28350
25200
27200
29250
31250
33250
Moderate income
26450
30250
34000
31500
37800
34000
40800
36550
39050
41600
43850
46850
49900
TRINITY
Area median:
Very low income
Lower income
11200
12900
14400
16000
17300
18550
19850
21100
$31,500
Median income
17900
22400
20500
25600
23050
25600
27650
29700
31750
33800
Moderate income
26900
30 700
28800
34000
32000
38400
34550
37100
39700
42250
41450
44550
47600
50700
TULARE
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650 20150 22700 25200
22050 25200
27200
29250
31250
33250
Moderate income
28350 31500 34000 36550
26450 3015t 34000 37800 40800
39050
41600
43850
46850
49900
6
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COUNTY
STANDARD
1
2
3
4
5
6
7
8
TUOLUMNE
Very low income
12250
14000
15750
17500
18900
20300
21700
23100
Area median:
Lower income
19600
22400
25200
28000
30250
32500
34700
36950
$31,500
Median income
24500
28000
31500
35000
37800
40600
43400
46200
Moderate income
29400
33600
37800
42000
45350
48700
52100
55450
VENTURA
Very low income
16950
19350
21800
24200
26150
28050
30000
31950
Area median:
Lower income
27000
30900
34750
38600
41700
44800
47850
50950
$48,400
Median income
33900
38700
43550
48400
52250
56150
60000
63900
Moderate income
40650
46500
52300
58100
62750
67400
72050
76700
YCLO
Very low income
13900
15900
17850
19850
21450
23050
24600
26200
Area median:
Lower income
22250
25400
28600
31750
34300
36850
39400
41900
$39,700
Median income
27800
31750
35750
39700
42900
46050
49250
52400
Moderate income
33350
38100
42900
47650
51450
55250
59100
62900
YUBA
Very low income
11050
12600
14150
15750
17000
18250
19550
20800
Area median:
Lower income
17650
20150
22700
25200
27200
29250
31250
33250
$31,500
Median income
22050
25200
28350
31500
34000
36550
39050
41600
Moderate income
26450
30250
34000
37800
40800
43850
46850
49900
Higher income limits apply to families with more than eight persons. For all income groups, the income
limits for families larger than eight persons are determined as follows: for each person in excess of
eight, add eight percent of the four -person income limit base to the eight -person limit, and round the
answer to the nearest $50. For example, the nine -person very low income limit for Alameda County
is $32,750. ($23,400 x .08 = $1,872; $30,900 + $1,872 = $32,772; $32,772 rounded = $32,750.)
HUD 5/7/92
Authority: Section 50093, Health and Safety Code.
Reference: Sections 50079.5, 50093, and 50105, Health and Safety Code.
7
STATE OF CALIFORNIA - BUSINESS TRANSPORTATION AND HOUSING AGENCY
PETE WILSON Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
18WTHIRD STREET, Room 43o
P.O BOX 952053
SACRAMENTO, CA 94252-2o53 n�
(916) 323-3176 FAX (916) 323-6625
May 1992
To: Interested Parties
Subject: New Income Limits
J
.� t•��
� X
Attached for your information is a copy of new very low, lower, median, and moderate
incomeIml
California Health and Safety Code Sections 50079.5 and 50105 provide that the lower
and very low income limits established by the U. S. Department of Housing and
Community Development (HUD) are the State limits for those income categories.
Sections 50059.5 and 50105 direct the Department of Housing and Community
Development (HCD) to publish the income limits. Accordingly, HCD has filed with the
Office of Administrative Law amendments to Section 6932 of Title 25 of the California
Code of Regulations. The amendments to Section 6932 contain the new HUD income
limits. The amendments also include new median income group and moderate income
group limits, prepared by HCD pursuant to Health and Safety Code Section 50093.
If you have any questions concerning the income limits, please contact Don Crow at
(916) 323-3175.
Sincere) ,
Thomas B. Cook, Deputy Director
Housing Policy Development
Attachment
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COU' STANDARD 1 2 3
4 5 6 7 8
ALAMEDA
Area median
$46,800
ALPINE
Area median:
$31,500
AMADOR
Area median
$32,600
BUTTE
Area median
$31,500
CALAVERAS
Area median
$32,400
COLUSA
Area median
$37,000
Very low income
Lower income
16400
26200
18700
29950
21050
23400
25250
27150
29000
30900
Median income
32750
37450
33700
42100
37450
40450
43450
46400
49400
Moderate income
39300
44900
50550
46800
56150
50550
54300
58050
61800
23400
25250
27150
29000
30900
60650
65150
69650
74100
Very low income
Lower income
12250
19600
14000
22400
15750
17500
18900
20300
21700
23100
Median income
24500
28000
25200
31500
28000
35000
30250
32500
34700
36950
Moderate income
29400
33600
37800
42000
37800
45350
40600
43400
46200
48700
52100
55450
Very low income
Lower income
12250
19600
14000
22400
15750
17500
18900
20300
21700
23100
Median income
24500
28000
25200
31500
28000
35000
30250
32500
34700
36950
Moderate income
29400
33600
37800
42000
37800
45350
40600
43400
46200
48700
52100
55450
Very low income
Lower income
11050
17650
12600
20150
14150
15750
17000
18250
19550
20800
Median income
22050
25200
22700
28350
25200
27200
29250
31250
33250
Moderate income
26450
302SO
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
Very low income
Lower income
12250
19600
14000
22400
' S 750
17500
18900
20300
21700
23100
Medan income
24500
20000
25200
31500
28000
35000
30250
32500
34700
36950
Moderate income
29400
33600
37400
42000
37800
45350
40600
43400
46200
48700
52100
55450
Very low income
Lower income
Median income
Moderate income
CONTRA COSTA Very low income
Area median: Lower income
$46,800 Median income
Moderate income
DEL NORTE
Area median:
$31,500
12950
20700
14e00
2700
'gsSO
266SO
18500
20000
21450
22950
24400
25900
29600
33300
29600
37000
31950
39950
34350
36700
39050
31100
3SS00
399SO
44400
47950
42900
51500
45900
55050
48850
58600
16400
26200
18700
29950
210SO
33700
23400
25250
27150
29000
30900
32750
374SO
42'00
37450
46800
40450
50550
43450
54300
46400
49400
39300
44900
SOSSO
56150
60650
65150
58050
69650
61800
74100
Very low income 11200 12600 14400 16000 17300 18550 19850 21100
Lower income 17900 20500 23050 25600 27650 29700 31750 33800
Median income 22400 25600 281100 32000 34550 37100 39700 42250
Moderate income 26900 30700 34000 38400 41450 44550 47600 50700
ELDORADO Very low income 13900 '5900 17850 19850 21450 23050 24600 26200
Area median: Lower income 22250 25400 28600 31750 34300 36850 39400 41900
$39,700 Median income 27800 3' 7SO 35750 39700 42900 46050 49250 52400
Moderate income 33350 38,00 42900 47650 51450 55250 59100 62900
1
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
Wry
STANDARD
1
2
3
4
5
6
7
8
FRESNO
Area median:
Very low income
Lower income
11700
18700
13350 15050
16700
18050
19350
20700
22050
$33,400
Median income
23400
21400
26700
24050
26700
28850
31000
33150
35250
Moderate income
28050
32100
30050
36100
33400
40100
36050
38750
41400
44100
43300
46500
49700
52950
GIS
Area median:
Very low income
Lower income
12050
19250
13750
15500
17200
18600
19950
21350
22700
$34,400
Median income
24100
22000
27500
24750
30950
27500
29700
31900
34100
36350
Moderate income
28900
33050
37150
34400
41300
37150
39900
42650
45400
44600
47900
51200
54500
HUMBOLDT
Area median:
Very low income
Lower income
11500
13150
14800
16450
17750
19100
20400
21700
$32,200
Median income
18400
23050
21050
26300
23700
26300
28400
30550
32650
34750
Moderate income
27650
31600
29600
35550
32900
39500
35550
38150
40800
43450
42650
45800
49000
52150
IMPERIAL
Area median:
Very low income
Lower income
11600
13300
14950
16600
17950
19250
20600
21900
$31,500
Median income
18600
23250
21250
23900
26550
28700
30800
32950
35050
Moderate income
27900
26550
31900
29900
35850
33200
35850
38500
41150
43800
39850
43050
46250
49400
52600
INYO
Area median:
Very low income
Lower income
12250
14000
15750
17500
18900
20300
21700
23100
$33,200
Median income
19600
24500
22400
28000
25200
28000
30250
32500
34700
36950
Moderate income
29400
33600
31500
37800
35000
42000
37800
40600
43400
46200
45350
48700
52100
55450
KERN
Area median:
Very low income
Lower income
12250
19600
14000
15750
17500
18900
20300
21700
23100
$33,300
Median income
24500
22400
28000
25200
28000
30250
32500
34700
36950
Moderate income
29400
33600
31500
37800
35000
42000
37800
40600
43400
46200
45350
48700
52100
55450
KINGS
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650
22050
20150
22700
25200
27200
29250
31250
33250
Moderate income
26450
25200
30250
28350
34000
31500
34000
36550
39050
41600
37800
40800
43850
46850
49900
LAKE
Area median:
Very low income
Lower income
11200
17900
12800
14400
16000
17300
18550
19850
21100
$31,500
Median income
22400
20500
25600
23050
25600
27650
29700
31750
33800
Moderate income
28800 32000 34550
26900 30700 34000 38400
37100
39700
42250
41450
44550
47600
50700
LASSEN
Area median:
Very low income
Lower income
11050 12600 14150 15750 17000
18250
19550 20800
$31,500
Median income
17650 20150 22700 25200 27200 29250 31250 33250
22050 25200
Moderate income
28350 31500 34000 36550 39050 41600
26450 30250 34000
37800
40800
43850
46850
49900
2
6932 — INCOME LIMITS — May 1992
_
NUMBER OF PERSONS IN FAMILY
STANDARD
1
2
3
'
4
5
6
7
8
/LOSANGELES
' Area median:
ery low income 16400 18750 21100 23450 25350 27200 29100 30950
Lower income 26250
$42,300
Median income
30000 33750 37500
32850 37500 42200
40500
43500 46500
49550
46900
Moderate income 39400 45050 50650 56300
50650
54400
58150
61900
60800
65300
69800
74300
MADERA
Area median:
Very low income
Lower income
11050
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
17650
22050
20150
25200
22700
25200
27200
29250
31250
33250
Moderate income
26450
30250
28350
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
MARIN
Area median:
Very low income
Lower income
19650
22450
25250
28050
30300
32550
34800
37050
$49,900
Median income
27000
39250
30900
44900
34750
38600
41700
44800
47850
50950
Moderate income
47100
53850
50500
60550
56100
67300
60600
65100
69550
74050
72700
78050
83450
88850
MARIPOSA
Area median:
Very low income
Lower income
12250
14000
15750
17500
18900
20300
21700
23100
$31,500
Median income
19600
24500
22400
28000
25200
28000
30250
32500
34700
36950
Moderate income
29400
33600
31500
37800
35000
37800
40600
43400
46200
42000
45350
48700
52100
55450
MENDOCINO
Area median:
Very low income
Lower income
12100
13850
15550
17300
18700
20050
21450
22850
$31,500
Median income
19400
24200
22150
27700
24900
31150
27700
29900
32100
34300
36550
Moderate income
29050
33200
37350
34600
41500
37350
40150
42900
45650
44800
48150
51450
54800
NSD
Area median:
Very low income
Lower income
11050
17650
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
22050
20150
25200
22700
28350
25200
27200
29250
31250
33250
Moderate income
26450
30250
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
MODOC
Area median:
Very low income
Lower income
11050
17650
12600
14150
15750
17000
18250
19550
20800
$31,500
Median income
22050
20150
25200
22700
28350
25200
27200
29250
31250
33250
Moderate income
26450
30250
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
MLS
Area median:
Very low income
Lower income
12800
20450
14600
16400
18250
19700
21150
22650
24100
$36,500
Median income
25550
23350
29200
26300
32850
29200
31550
33850
36200
38550
Moderate income
30650
35050
39400
36500 39400
43800
42350
45250
48200
47300
50800
54300
57800
MCNTERE'
Area median:
Very low income
Lower income
13350
15300
17200
19100 20650 22150 23700 25200
$38,200
Median income
21400 24450 27500 30550 33000 35450 37900 40350
26750 30550
Moderate income
34400 38200 41250 44300 47350 50400
32100 36700 41250 45850
49500
53200
56850
60500
3
6932 — INCOME LIMITS — May 1992
NUMBER OF PERSONS IN FAMILY
COUP(TY STANDARD 1 2 3
4 5 6 7 8
NAPA
Area median:
$42,200
NEVADA
Area median
$35,400
ORANGE
Area median:
$52,700
PLACER
Area median
$39,700
PLUMAS
Area median
$31,500
RIVERSIDE
Area median
$36,000
SACRAMENTO
Area median:
$39,700
SAN BENITO
Area median
$33,200
Very low income
Lower income
14750
23650
16900
19000
21100
22800
24500
26150
27850
Median income
29550
27000
33750
30400
38000
33750
36450
39150
41850
44550
Moderate income
35450
40500
45600
42200
50650
45600
54700
48950
52350
55700
55450
12800
20500
58750
62800
66850
Very low income
Lower income
13750
22000
15700
25150
17700
19650
21200
22800
24350
25950
Median income
27500
31450
28300
35350
31450
33950
36450
39000
41500
Moderate income
33000
37700
42450
39300
47150
42450
50900
45600
48750
51900
54700
58450
62250
Very low income
Lower income
18450
27000
21100
30900
23700
26350
28450
30550
32650
34800
Median income
36900
42150
34750
47450
38600
52700
41700
44800
47850
50950
Moderate income
44300
50600
56950
63250
56900
68300
61150
73350
65350
69550
78450
83500
Very low income
Lower income
13900
22250
15900
17850
19850
21450
23050
24600
26200
Median income
27800
25400
31750
28600
35750
31750
34300
36850
39400
41900
Moderate income
33350
38100
42900
39700
47650
42900
51450
46050
49250
52400
55250
59100
62900
Very low income
Lower income
11050
17650
12600
20150
14150
15750
17000
18250
19550
20800
Median income
22050
25200
22700
28350
25200
27200
29250
31250
33250
Moderate income
26450
30250
34000
31500
37800
34000
36550
39050
41600
40800
43850
46850
49900
Very low income
Lower income
12800
20500
14650
16450
18300
19750
21250
22700
24150
Median income
25600
23400
29300
26350
32950
29300
31600
33950
36300
38650
Moderate income
30750
35100
39500
36600
43900
39550
42450
45400
48300
47400
50900
54450
57950
Very low income
Lower income
13900
22250
15900
17850
19850
21450
23050
24600
26200
Median income
25400 28600 31750 34300
27800 31750 35750
36850
39400
41900
Moderate income
39700 42900
33350 38100 42900 47650 51450
46050
49250
52400
55250
59100
62900
Very low income
Lower income
Median income
Moderate income
SAN BERNARDINO Very low income
Area median: Lower income
$36,000 Median income
Moderate income
12250
19600
14000
22400
15750
17500
18900
20300
21700
23100
24500
28000
25200
31500
28000
35000
30250
32500
34700
36950
29400
33600
37800
42000
37800
45350
40600
48700
43400
52100
46200
55450
12800
20500
14650
23400
16450
18300
19750
21250
22700
24150
25600
29300
26350
32950
29300
36600
31600
33950
36300
38650
30750
35100
39500
43900
39550
47400
42450
50900
45400
54450
48300
57950
4
6932 — INCOME LIMITS — May 1992
5
NUMBER OF PERSONS IN FAMILY
QTY
STANDARD
1
2
3
4
5
6
7
8
SAN DIEGO
Area median:
Very low income
Lower income
14500
16550
18650
20700
22350
24000
25650
27300
$41,300
Median income
23200
29000
26500
33100
29800
33100
35750
38400
41050
43700
Moderate income
34800
39750
37250
44750
41400
49700
44700
48000
51350
54650
53700
57650
61650
65600
SAN FRANCISCO Very low income
Area median: Lower income
19650
22450
25250
28050
30300
32550
34800
37050
$49,900
Median income
27000
39250
30900
34750
38600
41700
44800
47850
50950
Moderate income
47100
44900
53850
50500
60550
56100
60600
65100
69550
74050
67300
72700
78050
83450
88850
SAN JOAOUIN
Area median:
Very tow income
Lower income
'11900
13600
15300
17000
18350
19700
21100
22450
$34,000
Median income
19050
23800
21750
27200
24500
27200
29350
31550
33750
35900
Moderate income
28550
32650
30600
36700
34000
40800
36700
39450
42150
44900
44050
47350
50600
53850
SAN LUIS OBISPO Very low income
Area median: Lower income
13900
15900
17850
19850
21450
23050
24600
26200
$37,000
Median income
22250
27800
25400
31750
28600
31750
34300
36850
39400
41900
Moderate income
33350
38100
35750
42900
39700
42900
46050
49250
52400
47650
51450
55250
59100
62900
SAN MATEO
Area median:
Very low income
Lower income
19650
22450
25250
28050
30300
32550
34800
37050
$49,900
Median income
27000
39250
30900
34750
38600
41700
44800
47850
50950
Moderate income
47100
44900
53850
50500
60550
56100
67300
60600
65100
69550
74050
72700
78050
83450
88850
SANTA BARBARA
Area median:
Very low income
Lower income
17200
19700
22150
24600
26550
28550
30500
32450
$49,200
Median income
27000
34450
30900
39350
34750
38600
41700
44800
47850
50950
Moderate income
41350
47250
44300
53150
49200
59050
53150
57050
61000
64950
63750
68500
73200
77950
SANTA CLARA
Area median:
Very low income
Lower income
20850
23800
26750
29750
32150
34500
36900
39250
$59,500
Median income
27000
41650
30900
34750
38600
41700
44800
47850
50950
Moderate income
50000
47600
57100
53550
64250
59500
64250
69000
73800
78550
71400
77100
82800
88550
94250
SANTA CRUZ
Area median:
Very low income
Lower income
17500
20000
22500
25000
27000
29000
31000
33000
$45,300
Median income
27000
35000
30900
34750
38600
41700
44800
47850
50950
Moderate income
40000 45000 50000 54000
42000 48000 54000
58000
62000
66000
60000
64800
69600
74400
79200
SHASTA
Area median:
Very low income
Lower income
11200 12800 14400 16000 17300
18550
19850 21100
$31,500
Median income
17900 20500 23050 25600 27650 29700 31750 33800
22400 25600
Moderate income
28800 32000 34550 37100 39700 42250
26900 30700 34000 38400 41450
44550
47600
50700
5
6932 — INCOME LIMITS — May 1992
6
NUMBER OF PERSONS IN FAMILY
CO KrY
STANDARD
1
2
3
4
5
6
7
8
SIERRA
Area median:
Very low income 13750 15700 17700 19650
Lower income 22000
21200 22800 24350
25950
$34,200
Median income
25150 28300 31450
27500 31450 35350
33950
36450
39000
41500
Moderate income 33000
37700
39300
42450 47150
42450
50900
45600
48750
51900
SISKIYOU
54700
58450
62250
Area median:
Very low income 11050
Lower income 17650
12600
14150 15750
17000
18250
19550
20800
$31,500
Median income
22050
20150
25200
22700 25200
27200
29250
31250
33250
Moderate income
26450
30250
28350 31500
34000
34000
36550
39050
41600
37800
40800
43850
46850
49900
SOLA,N0
Area median:
Very low income
Lower income
14750
23650
16900
19000 21100
22800
24500
26150
27850
$42,200
Median income
29550
27000
33750
30400 33750
38000
36450
39150
41850
44550
Moderate income
35450
40500
42200
45600 50650.
45600
48950
52350
55700
54700
58750
62800
66850
SONOMA
Area median:
Very low income
Lower income
15350
24600
17550
19750 21950
23700
25450
27200
28950
$42,900
Median income
30750
28100
35100
31600 35100
39500
37950
40750
43550
46350
Moderate income
36900
42150
43900
47450 52700
47400
50900
54450
57950
56900
61150
65350
69550
STANISLAUS
Area median:
Very low income
Lower income
12100
13800
15500 17250
18650
20000
21400
22750
$34,500
Median income
19300
24150
22100
27600
24850 27600
29800
32000
34200
36450
Moderate income
29000
33,00
3.050 34500
37250 41400
37250
40000
42800
45550
44700
48000
51350
54650
SUTTER
Area median:
Very low income
Lower income
11050
17650
12600
14150
SO 15750
17000
18250
19550
20800
$31,500
Median income
22050
20 SO
25200
22700 25200
27200
29250
31250
33250
Moderate income
26450
30250
28350 31500
34000
34000
36550
39050
41600
37800
40800
43850
46850
49900
TEHAMA
Area median:
Very low income
Lower income
11050
17650
12600
14150
1550
20800
$31,500
Median income
22050
201 SO
25200
22'00 25200
27200
29250
31250
33250
Moderate income
26450
30250
28350 31500
34000 37800
34000
36550
39050
41600
40800
43850
46850
49900
TRINITY
Area median:
Very low income
Lower income
11200
17900
12800
14400 16000
17300
18550
19850
21100
$31,500
Median income
20500 23050 25600 27650 29700 31750 33800
22400 25600
Moderate income
28800 32000 34550 37100 39700 42250
26900 30700 34000 38400
41450
44550
47600
50700
IULARE
Area median:
Very low income
Lower income
11050 12600 14150
17650
$31,500
Median income
20,50
22050 2526^0
22 700 25200 27200 29250 31250 33250
Moderate income
26450 3C25C
28350
34000
31500 34000
37800
36550 39050 41600
40800
43850
46850
49900
6
6932 — INCOME LIMITS — May 1992
Higher income limits apply to families with more than eight persons. For all income groups, the income
limits for families larger than eight persons are determined as follows: for each person in excess of
eight, add eight percent of the four -person income limit base to the eight -person limit, and round the
answer to the nearest $50. For example, the nine -person very low income limit for Alameda County
is $32,750. ($23,400 x .08 - $1,872; $30,900 + $1,872 - $32,772; $32,772 rounded = $32,750.)
HUD 5/7/92
Authority: Section 50093, Health and Safety Code.
Reference: Sections 50079.5, 50093, and 50105, Health and Safety Cade.
7
NUMBER OF PERSONS IN FAMILY
�
STANDARD
1
2
T1J011JMNE8
Area median:
Very low income
12250
14000
3
15750
4
1700
5
6
7
$31,500
Lower income
Median income
19600
22400
25200
28000
18900
30250
20300
32500
21700
23100
Moderate
Moderate income
24500
29400
28000
33600
31500
35000
37800
40600
34700
43400
36950
46200
VENTURA
37800
42000
45350
48700
52100
55450
Area median:
low income
Lower income
16950
27000
19350
30900
21800
24200
26150
28050
30000
31950
$48,400
Median income
33900
38700
34750
43550
38600
41700
44800
47850
50950
Moderate income
40650
46500
52300
48400
58100
52250
56150
60000
63900
YCLOArea
62750
67400
72050
76700
Area median:
Very low income
Lower income
13900
22250
15900
25400
17850
19850
21450
23050
24600
26200
$39,700
Median income
27800
31750
28600
35750
31750
34300
36850
39400
41900
Moderate income
33350
38100
42900
39700
47650
42900
51450
46050
49250
52400
��
Very low income
55250
59100
62900
Area median:
$31,500
Lower income
11050
17650
12600
20150
14150
22700
15750
17000
18250
19550
20800
Median income
Moderate income
22050
25200
28350
25200
31500
27200
34000
2925031250
36550
3325
26450
30250
34000
37800
40800
43850
39050
41600
46850
49900
Higher income limits apply to families with more than eight persons. For all income groups, the income
limits for families larger than eight persons are determined as follows: for each person in excess of
eight, add eight percent of the four -person income limit base to the eight -person limit, and round the
answer to the nearest $50. For example, the nine -person very low income limit for Alameda County
is $32,750. ($23,400 x .08 - $1,872; $30,900 + $1,872 - $32,772; $32,772 rounded = $32,750.)
HUD 5/7/92
Authority: Section 50093, Health and Safety Code.
Reference: Sections 50079.5, 50093, and 50105, Health and Safety Cade.
7
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
f
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, fisheries, 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:
Contents (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.
Mineral Resources 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
ofthe designation of an area ofstatewideor regional significance 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:
(l) Recognize mineral information classified 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
significance.
(3) Emphasize the conservation and development of identified 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 ....
Mineral Public Resources Code Section 2763: (a) If the area is designated by the board as an area
Protection of regional significance, 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 significance shall be in
116 GENERAL PLAN GUIDELINES
CHAPTER III: The Required Elemcats of the General Plan
CONSERVATION ELEMENT
accordance with th4 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 significance, 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 significance 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 Mineral Specific
interested person and payment by the requesting person of the estimated cost of processing Plan
the request, the lead agency having jurisdiction shall amend its general plan, orprepare a new
specific plan or amend any applicable specific 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, 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 specific plan,
the lead agency shall make written legislative findings 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 theyare found to be incompatible, the findings 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 anyarea 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 open -space, 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
GENERAL PLAN GUIDELINES 117
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
the conservation, development and utilization of specified 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 clement issues are perhaps even more timely today
than in the early 1970s. Finite resources continuc 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 ofHanford (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.
ANT ISS(JES
To the extent applicable, the foowin t� must be addressed by a city's or county's
conservation element with regar to the conservation, development, and utilization of
natural resources:
Mandatory I+ • Waw 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:
Other 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
118 GENERAL PLAN GUIDELINES
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
IDEAS FOR DATA AND ANALYSIS
To prepare a conservation element, a cityor countywill 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 ofthe 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 ofvarious bodies ofwater, 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)
• Identification 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)
- Identification of areas of five 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)
- Classification of soils (including identification of prime agricultural land) in the
planning area by the Storie Index or the U.S. Soil Conservation Service's Land
Capability Classification system (See "Definitions: Natural Resources" in this chapter)
- Identification of areas subject to soil erosion
Harbors
• Assessment of the adequacy ofport, harbor, and water -related 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
GENERAL PLAN GUIDELINES 119
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
Fisheries
• Identification of water bodies and watersheds that must be protected to promote
continued recreational and commercial fishing -- including key fish spawning areas
Wildlife
• Inventory of natural vegetation, fish 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 Non -Game 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 ofyear
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)
- Identification of the type, location, extent, and quality of mineral resources, as well as
oil, gas, and geothermal resources
- Location of mineral resource areas classified or designated by the State Mining and
Geology Board under the Surface Mining and Reclamation Act (Map) (LU, OS)
- Identification ofexisting 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 waterprogram can be coordinated with these agencies'programs.
Reclamation of Land
• Inventory of lands adversely affected by mining, prolonged irrigation, landfill 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
Identification 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.)
- Identification of proposed, existing, and abandoned landfill sites (map)
- Examination of the results of groundwater tests conducted in the vicinities of landfills
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
Continued on page 123
120 GENERAL PLAN GUIDELINES
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
Useful Definitions And Information
Conservation: The management of natural resources to prevent waste, destruction, or
neglect.
Erosion: The process by which so il 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 modified 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 211 or part of40 countieswithin
California. They are for information only and do not constitute a state prescription for local
land use.
The maps use eight classifications: "Prime Farmland," "Farmland of Statewide Impor-
tance," "Unique Farmland," "Farmland of Local Importance," "Grazing Land," "Urban and
Built-up Land," "Other Land," and "Land Committed to Non-agricultural Use." The
Department of Conservation has detailed definitions of these classifications. Generally they
are defined as follows:
Prime Farmland: Land with the best combination of physical and chemical character-
istics for the production of agricultural crops.
Farmland ofStatewide 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 flowers. The
California Department of Conservation maintains a current list of Unique Farmland
crops.
Farmland of Local Importance: Land, other than the above defined 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 Built -Up Land: Land containing urban -type development including sup-
porting 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 officials to nonagricultural development by virtue ofdecisions 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 Built-up Land" or "Other Land." County boards
ofsupervisors and city councils have the final authority to designate lands in this category.
Other Land: Land which does not meet the criteria of other mapping categories.
The minimum mapping unit is 10 acres, except for "Grazing Land" which is 40 acres.
Continued ->
GENER4LPLANGUIDELINES 121
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
Areas smaller than the minimum mapping unit are incorporated into the surrounding map
classification. The maps are available at cost from the California Department ofConserva-
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 sale map which must be used in
conjunction with a U.S. Geological Survey quadrangle map.
)Land Capability Classification (US. Soil Conservation Service): A grouping ofsoils into
classes (I -VIII), 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 inorganicprocesses and organicsubstances, including, but not
limited to, coal, peat, and bituminous rock, but excludinggeothermal 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 definition of "mineral," local governments may also wish to consider geothermal,
petroleum and natural gas resources along with their planning for minerals.
Non -Renewable Natural Resources: Inanimate resources that do not increase significantly
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 qualifies for rating as Class I or Class 11 in the Soil Conservation Service
land use capability classifications.
(2) Land which qualifies for rating 80 through 100 in the Storie Index Rating.
(3) Land which supports livestock used for the production of food and fiber and which
has an annual carrying capacity equivalent to at least one animal unit per acre as defined by
the United States Department of Agriculture.
(4) Land planted with fruit- or nut -bearing trees, vines, bushes, or crops which have a
non-bearing period of less than five 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 five years (Government Code Section 51201 (c)). (NOTE: This statutory
definition 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 Indent: A numerical system (0-100) rating the degree to which a particular soil can
grow plants or produce crops, based on four factors, including soil profile, surface texture,
slope, and soil limitations.
Timber- " ... Mrees 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)).
122 GENERAL PLAN GUIDELINES
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
Timberland Production Zone: An area which has been zoned pursuant to Government
Code Section 51112 or 51113 and is devoted to and used forgrowing 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 flow of the watercourse; the entire region drained by a watercourse.
Wedands: Areas that are permanently wet or periodically covered with shallow water, such
as saltwater and freshwater marshes, open or closed brackish marshes, swamps, mud flats, and
fens.
• Identification 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
• Identification of polluted water bodies for which reclamation is feasible
Erosion
• Identification 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
• Identification of areas subject to potential beach and shore erosion (map)
Flood Control
• Identification of flood -prone areas using among other things: (Map) (LU, S)
- National Flood Insurance Program maps published by the Federal Emergency Man-
agement Agency;
- Information available from the U.S. Army Corps of Engineers;
- State Reclamation Board designated floodway maps;
- Dam failure inundation maps prepared pursuant to California Government Code
Section 8589.5;
- Locally prepared maps of flood -prone areas; and,
- Historic data on flooding including information from conversations with long-time
local residents.
• Identification of present and possible flood 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 flood control including
information such as (LU, S):
- Jurisdictions;
- Regulatory powers;
GENERAL PLAN GUIDELINES 123
CHAPTER III: The Required Elements of the General Plan
CONSERVATION ELEMENT
Existing flood plain regulations such as presidential or gubernatorial, executive orders, f
interstate compacts, and statutes;
The Federal Emergency Management Agency's National Flood Insurance Program;
and,
Available funding and technical assistance.
• Identification of existing and planned development in flood plains including:
- Structures, roads, utilities;
- Construction methods or designs to protect against flooding; and,
- Compliance with existing regulations for flood control.
Other Natural Resources (examples)
Inventory of agricultural resources, including grazing land (LU, OS)
- Identification ofthelocation, amount, and ownership ofland in agricultural production
(map)
- Description of agricultural production in the planning area by crop type
- Identification of farmlands in accordance with the U.S. Soil Conservation Service's
Important Farmland Inventory System maps. (See "Definitions: 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
- Identification of air quality impacts from vehicle emissions
- Identification of air quality impacts from all other sources
Inventory of energy producing resources
- Inventory ofresources, 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 proposals
and standards for the conservation, development and utilization ofa 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)
• Tse) type and intensity of development in or adjacent to water bodies and courses (LU,
• 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)
124 GENERAL PLAN GUIDELINES
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CONSERVATION ELEMENT
• 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 (Cl)
• The protection ofwater bodies and watersheds that are important for the management of
commercial and recreational fishing (LU, OS)
_ • The protection of fish and wildlife and their habitats (OS)
}` • The protection ofplant 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 Vl)) (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, landfill activities, hazardous
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, Cl)
• The siting of landfills in relation to water bodies (among other considerations)
• The siting ofhazardous materials storage and disposal facilities with regard to ncarbywater
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)
GENERAL PLAN GUIDELINES 125
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OPEN SPACE ELEMENT
• 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 mayprovide information or assistance for thepreparation of the
conservation element: Department of Boating and Waterways, California Coastal
Commission, State Coastal Conservancy, Department of Conservation, Energy Resources,
Conservation 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 Office of Planning and Research.
OPEN -SPACE ELEMENT
PERTINENT CALIFORNIA CODE SECTIONS
Government Code Section 65302(e): (The general plan shall include] an open -space
element as provided in Article 10.5 (commencing with [Government Code] Section 65560).
Government Code Section 65560: (a) "Local open -space plan" is the open -space element
of a county or citygeneral 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.
Contents (b) "Open -space land" is any parcel or area of land or water which is essentially
unimproved and devoted to an open -space use as defined in this section, and which 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, 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 fiber, areas required for recharge of ground water basins; bays,
estuaries, marshes, rivers and streams which are important for the management of commer-
cial fisheries; and areas containing major mineral deposits, including those in short supply.
(3) Open space for outdoor recreation, including but not limited to, areas ofoutstanding
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 open -space reservations, including utility easements, banks of
rivers and streams, trails, and scenic highway corridors.
126 GENERAL PLAN GUIDELINES
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(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 ofwater quality and water reservoirs and areas required
for the protection and enhancement of air quality.
Government Code Section 65561: The Legislature finds and declares as follows: LgUative Intent
(a) That the preservation ofopen-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 ofopen-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 stria 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,
x 4 including charter cities, ofstatewide 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.
Government Code Section 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 countywill prepare and carryout open -space plans which,
along with state and regional open -space plans, will accomplish the objectives of a
comprehensive open -space 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 open -space
plan for the comprehensive and long-range preservation and conservation ofopen-space land
within its jurisdiction ....
Government Code Section 65564: Every local open -space plan shall contain an action Action Program
program consisting of specific programs which the legislative body intends to pursue in
implementing its open -space plan.
Government Code Section 65566: Any action by a countyor city by which open -space land Contistrnry
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 open -space zoning ordinance adopted, unless the proposed construction,
subdivision or ordinance is consistent with the local open -space plan.
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CHAPTER III: The Required Elements of the General Plan
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Trails Public Resources Code Section 5076: In developing the open -space element of a general
plan as specified in subdivision (e) of Section 65302 of the Government Code, everycityand
county shall consider demands for trail -oriented recreational use and shall consider such
demands in developing specific open -space 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 open -space element to state law in 1970, with
compliance required byDecember31,1973.Alongwiththe housing element, the open -space
element has a clear statutory intent (see Government Code Sections 65561 and 65 562) and,
next to land use, is broadest in scope (see the first 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 ofscenic beauty and (to acertain extent) publicgrounds arecovered byopen space
provisions. "Open space for the preservation of natural resources" and "open space used for
the managed production of resources" encompass the concerns ofthe conservation element.
"Open space for public health and safety" covers issues similar to those found in the safety
element.
COURT INTERPRETATIONS
Statutory Save El Toro Assn. v. Days (1977) 74 Cal.App.3d 64, reinforces the open -space plan require -
Compliance ment. The California Court of Appeal held that because the city of Morgan Hill had not
adopted an open -space 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 open -space element. An
open -space element must also meet the specifications of the Government Code, including
an inventory of open space resources.
Internal An important aspect ofa legally adequate open -space element is its standing in ageneral plan.
Consisunay Open -space 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).
Meaning No Oil, Inc. v. City ofLosAngeles 0 988) 196 Cal.App.3d 223 offers an interpretation of the
meaning ofthe 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 -Pacific Palisades district plan. Absent specific contradictory language in
128 GENERAL PLAN GUIDELINES
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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 open -space 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 fish and
wildlife;
• Areas required for ecologic and other scientific 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 fiber;
• Areas required for recharge of ground water basins;
• Bays, estuaries, marshes, rivers and streams which are important for the management of
commercial fisheries; and,
1_ • 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 open -space 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, flood plains, watersheds,
areas presenting high fire risks, areas required for the protection ofwater 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 fire
access. Open space fire 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 financing now necessary for construction and
maintenance.
Demands for trail -oriented recreational use (Public Resources Code Section 5076).
(Cities and counties must consider such demands in developing specific open -space
programs.)
GENML PL 4N GUMELINES 129
CHAPTER III: The Required Elements of the General Plan
OPEN SPACE ELEMENT
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 TrailsAct, 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, fish 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 Non -Game 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 Division
of the California Department of Fish and Game.
- Inventory of existing and proposed areas for ecologic and other scientific study
- Inventory of oak woodlands (CO)
- Identification ofexisting oak woodlands where the density oftrecs is five 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
identification 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)
- Identification 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.,
salt -water and fresh -water 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)
130 GENERAL PIAN GUIDELINES
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- 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)
Identification ofthe location, amount, and ownership ofland in agricultural production
(map)
Description of agricultural production in the planning area by crop type
• Inventory of soil resources (CO)
- Classification of soils (including identification of prime agricultural land) in the
planning area by the Storie Index or the U.S. Soil Conservation Service's Land
Capability Classification system (see "Useful Definitions And Information" in the
section of this chapter dealing with the conservation element) (map)
- Identification of areas subject to soil erosion
• Inventory of ground water recharge areas (map) (CO)
• Inventory ofwater bodies that are important for the management of commercial fisheries
(map) (CO)
• Inventory of mineral resources (LU, CO)
- Identification 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, classified and designated by the State Mining and
Geology Board under the Surface Mining and Reclamation Act (map)
Open Space for Outdoor Recreation
4 • Inventory and analysis of other areas of outstanding scenic beauty (map) (LU)
• Inventoryand analysis ofhistoric and cultural resources, including archaeological sites and
historically and architecturally significant 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 ofthe type, location, and size ofexisting 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
• Inventoryofpoints ofpublic access to lake shores, beaches, rivers and streams (map) (LU)
• Inventory and analysis of scenic highway corridors
- Identification ofstate highways included in the Master Plan of State Highways Eligible
for Official State Designation and local highways of scenic significance. (map)
- Assessment of identified 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 ofrecreational trails and areas and an assessment ofthe demand forthem (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.)
GENERAL PLAN GUIDELINES 131
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OPEN SPACE ELEMENT
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
Alquist-Priolo Special Studies Zones Act (see Chapter VI) (map)
• Assessment of the potential for ground shaking (S)
- Identification of active and potentially active faults in the region (map)
- Historical data on seismic ground shaking within the planning area
- Geological evaluation ofthe 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)
• Identification of flood -prone areas using: (LU, CO, S)
- National Flood Insurance Program maps published by the Federal Emergency Man-
agement Agency;
- Information from the U.S. Army Corps of Engineers;
- State Reclamation Board designated floodway 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 flood -prone areas; and/or,
- Historical data on flooding including information from conversations with long-time
local residents.
Identification ofwatersheds and key areas for the protection ofwater quality and reservoirs
(map) (CO)
Assessment of the risk of wild land fires (S)
- Identification and classification of areas of varying fire hazard severity based on fuel
loading (vegetation), weather and slope, and historical data (map)
- Identification 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, dead-end
roads)
Identification of areas necessary for the protection and enhancement of air quality (map)
132 GENERAL PLAN GUIDELINES
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1 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
safetyelements. In addition, the range of uses that will be considered compatible within open
space areas should be specified. Here are some ideas for what might be covered by such
development policies:
• The protection of fish 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 scientific 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 ofwater bodies and watercourses (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 specification 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 specifications for compatible uses and
minimum parcel sizes (LU, CO)
• The protection, use and development of agricultural lands (e.g., field crops, orchards,
grazing, etc.), including specifications 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 ofwater bodies and watersheds that are important for the management of
commercial fisheries (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 significant 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 (QuimbyAct -- Government Code Section
66477(d)) (LU)
GENERAL PLAN GUIDELINES 133
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OPEN SPACE ELEMENT
• The protection and improvement of access to lakeshores, beaches, rivers end 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 flood -prone areas (LU, CO, S)
• The type, location and intensityof development in areas subjectto inundation from dam
failures (LU, S)
• The type, location, and intensity of land uses in fire -hazard areas (S)
6EAS FOR OPEN -SPACE ACTION PROGRAMS
Pursuant to California Government Code Section 65564, "Everylocal open -space plan shall
contain an action program consisting ofspecific programs which the legislative body intends
to pursue in implementing its open -space plan." The Office of Planning and Research
describes some ideas for open space action programs in its publication PuttingAction into
the Open Space Element. • Techniques for Preserving Open Space and Farmland This OP R
publication elaborates on many of the action programs listed below. While the first item on
the list (i.e., some type of open -space 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.
• Open -space zoning pursuant to California Government Code Section 65910 (e.g.,
exclusive agriculture zones, large -lot 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 specific 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)
134 GENERAL PLAN GUIDELINES