Request #16-1556

 
Closed

I am requesting the geographic information system (GIS) shapefiles (.shp, .dbf, .prj, .qpj, .shx) related to the proposed zoning of the Draft Uptown Community Plan, which is currently under EIR public comment review.

Please note that these files were initially requested from Marlon Pangilinan of the Planning Department on July 21 with refusals sent to me on July 25 and July 26.  The rational for the refusal was the following: "The zoning shapefiles associated with the Draft Uptown Community Plan represent draft zoning and therefore are not being disclosed at this time."

According to Government Code §6254, subd. (a), the exemption of drafts applies only to “preliminary” drafts, notes or memos “that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure.”  The files in question are part of the Draft Uptown Community plan currently undergoing EIR review and are therefore not exempt from disclosure simply because they are drafts.

Although the Planning Department has released PDF files of the proposed zoning, in Sierra Club v. Superior Court (2013) __Cal.4th__ (Case No. S194708), the Supreme Court of California ruled that GIS files are not necessarily exempt from disclosure as they are considered data (and not software) and that files should be reproduced in any electronic format in which the information is held by the jurisdiction at a cost not to exceed the direct cost of duplication.  As I am requesting the files electronically and they are managed electronically, I believe there should not be any duplication costs.

Thank you for your help.  Please email me if you have any questions.


Received

July 26, 2016 via web


Departments

Planning

Documents

Proposed Rezone Uptown August 4, 2016

Staff

Point of Contact

Staff

Request Published Public
August 8, 2016, 8:50am
Request Closed Public

02. Released

All responsive documents have been released pursuant to the California Public Records Act.

August 5, 2016, 8:48am by no name
Document(s) Released Public
Proposed_ReZone_Uptown_4Aug2016.zip
August 5, 2016, 8:26am by Tom Tomlinson
Department Assignment Public
Planning
July 26, 2016, 8:26pm
Request Opened Public
Request received via web
July 26, 2016, 8:26pm