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OFFICE OF THE CITY ATTORNEY <br />OPINION N0. 73-65 <br />October 5, 1973 <br />SUBJECT: Proposed Open Space Plan <br />REQUESTED BY: Director of Planning <br />OPINION BY: James A. Withers, City Attorney <br />Charles J. Liberto, Assistant City <br />Attorney <br />QUESTION: Is it legally advisable to omit the <br />designations "Desirable Open Space" <br />and "Private Open Space" on the pro- <br />posed Open Space Plan. <br />ANSWER: Yes <br />nn+n+ vcrc <br />The State legislature has mandated, that all <br />charter and general law cities adopt an open space plan <br />as an element of their general plans no later than Decem- <br />ber 31, 1973. <br />The (Tanning Commission has now before it, for <br />consideration, the Open Space Plan in the form of a map, <br />which among other designations designates privately owned <br />land" (i.e. private lands presently held and developed for <br />open space use) and "Desirable Open Space" (i.e. privately <br />owned lands not presently deve]oped for open space use). <br />As the Planning Department is presently aware, <br />t;he City /lttoro~ey's Office has been continually concerned <br />with the Ci~.y's potential liability for inverse condernna- <br />tion damages :Vherc~ the City master plans private lands <br />for open space ~~nc~n those lands are presently Zoned for <br />industrial, co,nmercial, or residential use. <br />The Cal~ifo+~•nia State Planning and Zoning Law <br />provides that if a parcel is master planned for open space <br />th+::n no building V~.~rmit ,nay issue unless ti~+e proposed con- <br />st~.ructior+ is consistent: witl-+ the local opr~n space plan. <br />It is thus possible that land owners with <br />industrially zoned It+nd master planned for open ;pace, <br />137 <br />