Local Planning Process The General Plan

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Local Planning ProcessThe General Plan

• SB 18 Training Program

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Jurisdiction in California

• Federal
• Federally Owned Lands
• Regulation
• State
• State Owned Lands
• Regulation
• Local
• General Plan and the Local Planning Process

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Local Authority, Land Use

• The majority of planning occurs at the local
  (city or county) level in California.
• City or county authority to regulate land use is
  derived from its inherent police power, not from
  the delegation of authority by the state.
  (constitutional authority)
• Local governments create their own
  codes/ordinances that govern various land use,
  planning, and zoning regulations.
• A land use regulation or action must not be
  unduly restrictive such that it causes a taking
  of property without just compensation. (US and CA
  Constitutions)

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Local Plans and Ordinances

• General Plan
• Specific Plan
• Zoning
• Approval of Individual Development Applications.
• CEQA

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The General Plan

• Decisions involving the future growth of the
  state, most of which are made and will continue
  to be made at the local level, should be guided
  by an effective planning process, including the
  local general plan (GC 65030.1)
• The General Plan has been called the
  constitution for all future development of an
  area by the California courts.
• Lesher Communications v. City of Walnut Creek

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General Plan Basic Requirements

• Each city or county must adopt a General Plan.
• Looks at long term growth for the jurisdiction
  (15-20 year scope)
• Addresses land within boundaries and any land
  outside boundaries that could be affected by
  policies contained in the General Plan
• Comprehensive document that is consistent across
  all elements

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General Plan

• The general plan shall consist of a statement of
  development policies and shall include a diagram
  or diagrams and text setting forth objectives,
  principles, standards and plan proposals. (GC
  65302)

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Mandated Elements

• The seven mandatory elements
• (GC 65302)
• Land Use
• Circulation
• Housing
• Conservation
• Open Space
• Noise
• Safety

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Optional Elements

• Cities and Counties have the authority to adopt
  optional elements beyond the 7 required elements
• Examples of Optional Elements Include
• Historical/Cultural Element
• Water Element
• Environmental Justice Element
• Energy Element

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Elements

• Format and Flexibility
• Elements may be combined
• Plan may be adopted as one document or several
  documents
• The degree of specificity and level of detail of
  the discussion of each element shall reflect
  local conditions and circumstances. (GC 65301)

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Policy Development

• The General Plan is a policy document.
• Policies that guide future development.
• What type of development and where.
• Protection of Natural Resources
• Health and Safety
• Mobility, transportation options
• Policies should be developed with input from
  public and stakeholder groups.

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Data Collection/Information Gathering

• In order to develop sound policies Cities and
  Counties must first gather data/information.
• Hazards (natural, man made)
• Historical/Archeological/Cultural
• Traffic/Transportation
• Housing Needs
• Infrastructure Water Supply, Energy, Roads, etc

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Adopting/Updating a General Plan

• Adopting a new General Plan or comprehensively
  updating an existing General Plan can take
  several years to accomplish. Most jurisdictions
  go through extensive public participation and
  outreach in creating a new General Plan or
  updating an existing one.

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Public Participation

• Public Participation (GC 65351)
• During the preparation or amendment of the
  general plan, the planning agency shall provide
  opportunities for the involvement of citizens,
  California Native American tribes, public
  agencies, public utility companies, and civic,
  education, and other community groups, through
  public hearings and any other means the city or
  county deems appropriate.

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Public Participation

• Goals and Outcomes
• Providing valuable information leading to more
  informed policy development by decision-makers.
• Insuring the plans successful implementation by
  building a base of long-term support with the
  public.
• Reducing the likelihood of conflict and drawn-out
  battles addressing public concerns during the
  general plan process rather than on a case by
  case basis in the future.

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Public Participation Public Hearings

• Statute requires two public hearings before a
  jurisdiction can adopt or amend a general plan.
• Planning Commission (GC 65353)
• Legislative Body City Council, Board of
  Supervisors (GC 65355)

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Commissions Advisory Bodies

• Planning Commission makes recommendations to
  Legislative Body on Adoption of General Plan (GC
  65354)
• Planning Advisory Councils/Commissions
• Many jurisdictions have planning advisory
  commissions/committees/councils that make
  recommendations to the Planning Commission and
  the Legislative Body on a variety of planning
  issues.
• Councils are usually designated by a geographic
  area within a jurisdiction (planning area).
  Community Planning Advisory Councils (CPAC)

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Comprehensive Update

• Cities and Counties are encouraged to
  update/revise their General Plan every 10 years.
  OPR notifies cities and counties if their General
  Plan has not been revised in 8 years and notifies
  the Attorney General of cities and counties that
  have not revised their General Plan in the last
  10 years. (GC 65040.5)
• The age of a General Plan does not necessarily
  mean it is inadequate.

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Amending the General Plan

• Amendments (GC 65358)
• No mandatory element shall be amended more than
  four times during any calendar year (usually done
  quarterly) Does not apply to Charter Cities.

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Amending the General Plan

• Amendments
• Suggested Considerations
• Is the amendment in the public interest?
• Is the amendment consistent with all other parts
  of the General Plan?
• If other changes will be required, are they being
  considered at the same time (ripple effect)?
• Will the amendment necessitate changes in zoning
  or other implementing ordinances?

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Why Amend?

• Examples include
• Development Proposal requires change in General
  Plan.
• New state law requires change in the general plan
  or change in an element.
• City/County proposes to amend general plan to
  facilitate certain type of development.
• City/County proposes to amend general plan to
  protect a resource.

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Open Space Element

• One of the Seven Mandatory Elements.
• The open-space element guides the comprehensive
  and long-range preservation and conservation of
  open-space land (GC 65563).

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Open Space Element

• Open-space land is any parcel or area of land
  or water that is essentially unimproved and
  devoted to an open-space use and that is
  designated for any of the following
• The preservation of natural resources
• The managed production of resources
• Outdoor recreation
• Public Health and Safety
• Support of the mission of military installations,
  areas adjacent to military installations
• Protection of Native American cultural places
• (GC 65560)

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Open-Space Action Program

• Every local open-space plan shall contain an
  action program consisting of specific programs
  which the legislative body intends to pursue in
  implementing its open-space plan.(GC 65564)
• Ideas for action programs to preserve OS
• Open-space zoning (exclusive ag, overlays for
  hazards, overlays for cultural resources)
• Public acquisition of OS.

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OS Action Program

• Private acquisition of OS
• Provisions for OS in Specific Plans
• Provisions for OS in Development Agreements
• OS in planned unit developments

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Specific Plan

• Specific Plan for the systematic implementation
  of the general plan for all or part of the area
  covered by the general plan. (GC 65450)
• Usually a specific plan covers a defined portion
  of a jurisdiction.
• Examples
• Downtown Specific Plan
• Waterfront Specific Plan
• Southeast Specific Plan

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Amending/Adopting a Specific Plan

• A specific plan shall be prepared, adopted, and
  amended in the same manner as a general plan,
  except that a specific plan may be adopted by
  resolution or ordinance and may be amended as
  often as deemed necessary by the legislative
  body.
• (GC 65453)

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Consistency

• Implementation tools
• Specific Plans
• Zoning
• Development Applications
• Subdivisions, Development Agreements, etc
• Resource Management Plans
• All must be consistent with General Plan

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Questions?