Sierra Club v. Board of Supervisors

In Sierra Club v. Board of Supervisors (1981) 126 Cal.App.3d 698, 703, the open space-conservation element of the county's general plan was adopted in June 1972. The next year, the county adopted a land use element of the general plan which read, in relevant part: "'If any conflict exists between the adopted open space and conservation elements and this land use element, this element should take precedence until the open space and conservation can be reevaluated and amended, if necessary.'" (Ibid.) The court concluded that "the precedence clause under consideration is void as not permitted under Government Code sections 65300.5, 65566, 65567 and 65860." (Sierra Club v. Board of Supervisors, supra, at p. 708.) "In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency." (Gov. Code, 65300.5.) "Any action by a county or city by which open-space land 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." (Gov. Code, 65566.) "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." (Gov. Code, 65567.) "(a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if both of the following conditions are met: (1) The city or county has officially adopted such a plan. (2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan." (Gov. Code, 65860, subd. (a).)