EXHIBIT B
Parks and Open Space Element Legislative Consistency Checklist Government Code
Section
Description of
Requirement
Consistency
Status Compliance Notes
Gov. Code § 65563 The Open Space Element
must provide a long-range
and comprehensive plan
for the preservation and
conservation of open
space lands.
Addressed The Element provides a
comprehensive, long-range framework
for parks and open space, establishing
goals, policies, and implementation
programs that ensure ongoing
stewardship, programming, and climate
resilience.
Gov. Code §65560(h)(1) The Open Space Element
must designate and
conserve open space for
the preservation of natural
resources such as habitat,
scientific study areas,
rivers and streams, and
watersheds.
Addressed Goals POS-6 and POS-7 commit to
habitat restoration, urban rewilding,
protection of watershed lands, and
integrating scientific/ecological study
opportunities. Implementation programs
(POS-x, POS-y, POS-aa) specifically
advance rewilding, habitat corridors,
and shoreline resilience.
Gov. Code §65560(h)
(2)
The Open Space Element
must identify and
conserve open space
lands used for the
managed production of
resources, including
forests, rangelands,
agriculture, groundwater
recharge areas, fisheries,
and minerals.
Partially
Applicable
Foster City does not contain any
managed production resources.
However, the Element addresses
groundwater recharge (POS-7.3, POS-
7.4).
Gov. Code §65560(h)
(3)
The Open Space Element
must provide for open
space dedicated to
outdoor recreation,
including parks, scenic
areas, cultural and historic
sites, trails, and
recreational corridors.
Addressed Recreational access is a central focus
of the Element. Goals POS-1 through
POS-4 and Programs POS-a–POS-s
ensure high-quality parks, recreation
amenities, trail connectivity, cultural and
community events, and scenic shoreline
access.
Gov. Code §65560(h)
(4)
The Open Space Element
must conserve open
space lands needed for
public health and safety,
such as hazard areas,
floodplains, fire-risk areas,
and lands critical to
maintaining water and air
quality.
Addressed The Element addresses sea level rise,
flood hazards, and groundwater rise in
open spaces (POS-7.1–7.4, POS-bb).
The Element describes and includes
policy for the use of open space as a
buffer for climate hazards, improving air
quality, floodwater management, and
reducing heat island effects.
Gov. Code §65560(h)
(5)
The Open Space Element
must account for and
protect open space in
support of the operational
integrity of military
installations.
Not Applicable No military installations or training areas are located in or adjacent to Foster City.
Government Code
Section
Description of
Requirement
Consistency
Status Compliance Notes
Gov. Code §65560(h)
(6)
The Open Space Element
must include provisions
for conserving open space
that protects tribal cultural
resources, traditional
lands, and places of
significance.
Addressed Foster City does not contain any open
space for the protection of tribal
resources. The Element acknowledges
tribal cultural resources in alignment
with Public Resources Code §5097.9
and §5097.993. Consultation was
conducted consistent with State law.
Gov. Code §65560(h)
Save El Toro Assn. v.
Days (1977)
74 Cal. App. 3d 64, 73
The Open Space Element
must include an inventory
of open space lands
important for the
preservation of natural
resources.
Addressed Background section includes a detailed
inventory of open spaces, including
Belmont Slough, Seal Slough, San
Francisco Bay shoreline, and the
Lagoon, with ecological value
highlighted.
Gov. Code §65562(a) The Open Space Element
must establish policies
that require open space
lands to be conserved
wherever possible.
Addressed Goal POS-6 and related policies
prioritize conservation and rewilding of
open space areas to maintain
ecological value and community
benefits.
Gov. Code §65562(b) The Open Space Element
must be coordinated with
State, regional, and local
open space conservation
plans to ensure
consistency and
effectiveness.
Addressed The Element emphasizes coordination
with OneShoreline, BCDC, ABAG, and
CDFW for shoreline resilience,
ecological restoration, and open space
planning.
Gov. Code §§65564,
65566, 65567, 65910
The Open Space Element
must include an action
program for
implementation, including
acquisition and disposal of
lands, zoning consistency,
subdivision and building
permit review, and
application of open-space
zoning.
Addressed Implementation Programs POS-g, POS-
aa, and POS-bb support acquisition
studies, funding strategies, and zoning
consistency. The Element affirms that
open space land use regulations must
align with the plan.
Gov. Code §65565.5
SB 1425 (2022)
Requires that Open Space
Element updates prioritize
multi-benefit uses of open
space, particularly in
underserved communities.
Plans must include an
action program to improve
equitable access, address
climate resilience (e.g.,
flood mitigation, cooling),
and incorporate rewilding
opportunities.
Addressed The Parks and Open Space Element
incorporates SB 1425 requirements
throughout. Goals POS-6 and POS-7
emphasize rewilding, habitat
restoration, climate resilience, and
multi-benefit open space management.
Policies POS-7.1 and POS-7.2 highlight
equitable access and climate
adaptation. Programs POS-x, POS-y,
POS-aa, and POS-bb commit to
naturalization pilots, mapping habitat
linkages, pursuing funding, and
developing a climate-resilient open
space web viewer.