The General Plan
Zoning
Subdivisions
The California Environmental Quality Act
The Permit Streamlining Act
Annexation and Incorporation
The state delegates most local land use and development decisions to the cities and counties. State law requires that each of the 452 incorporated cities and 58 counties adopt "a comprehensive, long-term general plan for [its] physical development." This general plan lays the groundwork for community decisions that will affect the future location of housing, business, industry, roads, parks, and other land uses, protect the public from noise and other environmental hazards, and conserve natural resources. Each city council and county board of supervisors, upon recommendation of their planning commission, carries out its general plan through its zoning, subdivision and other ordinances.
There is no requirement that adjoining cities or counties have identical, or even similar, plans and ordinances. Each city and each county adopts its own general plan and development regulations. In turn, each is solely responsible for the planning decisions made within its jurisdiction.
A general plan is a set of long-term goals and policies that the community uses to guide development decisions. Although the plan establishes standards for population density, building intensity, and the distribution of land uses, it does not directly regulate land use.
Zoning, on the other hand, is regulatory. Under the zoning ordinance, development must comply with specific, enforceable standards such as minimum lot size, maximum building height, minimum building setback, and a list of allowable uses. Zoning applies lot-by-lot, whereas the general plan has a community-wide perspective.
Put another way, the general plan is a blueprint and zoning is a tool for making it a reality. The plan is the basis for programs such as the zoning and subdivision ordinances. In turn, zoning is a means of putting into action the plan's long term goals.
The general plan is a community's blueprint for future development. It
describes a community's development goals and policies. It also forms the
basis for land use decisions made by the planning commission and city council
or board of supervisors.
A general plan consists of at least two parts. There is a written text describing the community's goals, objectives, and policies toward development. There is also a map (or maps) and diagrams illustrating the generalized distribution of land uses, the major road system, seismic and environmental hazard areas, the open space system, and other policy statements that can be illustrated (see Government Code Section 65302).
The general plan must contain at least seven components (called "elements") addressing a set of basic planning issues (see Government Code section 65302). Each city and county determines the relative importance of these issues to their local circumstances and decides how they are to be discussed in the local general plan. Jurisdictions may also adopt additional elements, at their option, covering subjects of local interest such as recreation, community design, or public facilities. See the General Plan Guidelines published by OPR for detailed information on plan contents.
State law does not require that a general plan have seven distinct and separate elements. It is quite common for a general plan to have only three or four "super-elements" which combine the essences of the seven elements. Along this same line, there is no requirement for the number of maps and diagrams that must be adopted as part of the plan. Each local government decides the specific format and organization of its general plan. Element Consolidation, by the Office of Planning and Research, gives examples of how elements may be merged and streamlined.
Although general plans are not required to follow a standard format, many contain similar features. Some of the things to look for in the written portion of your local plan are goals (abstract and general expressions of community values), objectives (specific intermediate steps in attaining a goal), policies (specific statements that guide decision making), and implementation programs (descriptions of how the goals, objectives, and policies are to be put into action). Many plans also contain background information about the community, such as population projections, traffic levels, seismic hazards, community history, and housing characteristics. Appendices to general plans often contain technical studies of seismic hazards, housing surveys, and traffic studies and forecasts.
General plans use maps and diagrams to identify the locations of proposed and existing land uses, flood hazard areas, open space lands, roads, and other features. The maps and diagrams must work together with the written portions of the plan to establish a clear view of the community's future.
The general plan is important because it is the basis for many local land use decisions. Zoning (except in most charter cities), subdivisions, and public works projects can only be approved when they are consistent with the general plan. An action, program or project is consistent with the general plan if, considering all its aspects, it will further the goals, objectives and policies of the plan and not obstruct their attainment.
Not only must governmental actions be consistent with the general plan,
the plan itself must be internally consistent. Each part of the general
plan, be it a goal, policy or map/diagram, must mesh with all of the other
parts of the plan. For instance, the land use element must not contain statements
or assertions that conflict with the housing element. Similarly, the maps
and diagrams adopted as part of the plan must agree with one another. For
example, the location of a major highway on the land use element diagram
must match its location on the circulation element diagram as well.
The process of adopting or amending a general plan encourages public participation. Cities and counties must hold public hearings for such proposals. Advance notice of the place and time of the hearing must be published in the newspaper (when there is no paper, notice must be posted in the vicinity of the project site) and also mailed directly to the involved property owners. Copies of the adopted or amended plans must be available for public purchase within two days of a final decision.
Each of the general plan's seven required elements can be amended only four times per calendar year. More than one change may be considered at each of these four opportunities. Optional elements, on the other hand, can be amended at any time.
The planning commission and the city council or county board of supervisors must each hold at least one public hearing prior to approving or amending the plan. The commission will hold its hearing first and make specific recommendations to the council or board. A recommendation for approval must be made by a majority of the total membership of the commission.
The council or board will take final action on the proposals at their
hearing. Approvals must be made by a majority of the total membership of
the council or board. If they make substantial changes to any planning commission
recommendations, those items must be sent back to the commission for further
study and recommendations before a final decision is made. The commission
will have 40 days in which to make any further recommendations.
"Community plans" focus planning efforts on a smaller area
or neighborhood. A community plan is part of the local general plan. It
addresses issues pertinent to a particular area or community within the
city or county and supplements the policies of the general plan. Accordingly,
it must be consistent with the general plan in all respects.
A "specific plan" implements, but is not technically a part
of, the local general plan. Specific plans describe allowable land uses,
identify open space, and detail infrastructure availability and financing
for a portion of the community. In some jurisdictions, specific plans also
take the place of zoning. A specific plan must be consistent with the general
plan. In turn, zoning, subdivision, and public works decisions must comply
with the provisions of the specific plan. For a detailed discussion of specific
plans and their contents, see OPR's The Planner's Guide to Specific Plans
(see Part Five).
The general plan shouldn't be amended casually. In fact, state law requires that amendments only be made when "in the public interest." Commissioners should be able to answer all the following questions affirmatively when approving an amendment.
The zoning ordinance regulates land uses within the community. It assigns each piece of property to a "zone" which describes the rules under which that land may be used. These classifications, such as "R-1" for single-family residences or "C-1" for commercial uses, cover in specific terms the range of uses that is discussed broadly in the general plan.
A typical zoning ordinance may describe 10 or more zone classifications. Each of these zones identifies allowable uses and sets standards such as minimum lot size, maximum building height, and minimum front yard depth. In most local ordinances, development of allowable uses does not require a public hearing. Increasingly, however, communities are requiring a public review of the project's design before a building permit is issued.
The distribution of residential, commercial, industrial, and other zones must be based on the pattern of land uses established by the community's general plan. Zoning maps illustrate how zones have been distributed.
Zoning is adopted by ordinance and carries the weight of local law. Land may be put only to those uses listed in the zone assigned to it. For example, if a commercial zone does not allow 5-story office buildings, then no such building could be built on land which has been assigned that zone.
In many communities, the planning commission is not the only body responsible
for making zoning decisions. A board of zoning adjustment or a zoning administrator
may be appointed to consider use permit and variance requests. Building
design may be subject to approval by a design review or architectural review
board. Public notice of zoning hearings must be given at least 10 days before
the hearing by advertisement in a newspaper of general circulation and by
direct mailing to the owners of property located within 300 feet of the
proposal's boundaries.
If a landowner proposes a use that is not allowed in that zone, then he/she must obtain a change of zone if that use is to occur. The local planning commission and the city council or county board of supervisors must hold public hearings, before property may be rezoned. The council or board is not obligated to approve requests for rezoning and, except in charter cities, must deny such requests when the proposed zone conflicts with the general plan. Typically, zoning ordinances also provide for limited waivers to zoning regulations (variances), subject to a public hearing.
Rezoning Considerations
Commissioners should be able to answer the following questions affirmatively when approving a rezoning.
Cities can "prezone" lands outside their corporate limits in
the same way that they approve zoning. Prezoning is done before a city formally
annexes a site in order to facilitate its transition into the city. Prezoning
does not affect allowable uses, it is just a way for the city to show how
the land will be zoned once it is annexed. County zoning regulations remain
in effect until annexation is actually completed.
A variance is a limited waiver of development standards. It may be granted, after a public hearing, in special cases where: (1) strict application of the zoning regulations would deprive property of the uses enjoyed by nearby lands in the same zone; and (2) restrictions have been imposed to ensure that the variance will not be a grant of special privilege. A variance must not be granted if it would permit a use that is not otherwise allowed in that zone (for example, a commercial use may not be approved in a residential zone by variance). In addition, economic hardship alone is not sufficient justification for approval of a variance.
Typically, variances are considered when the physical characteristics of the property make it difficult to use. For instance, in a situation where the rear half of a lot is a steep slope, a variance might be approved to allow a house to be built closer to the street than usually allowed.
Variance Considerations
Commissioners should be able to answer the following questions affirmatively when approving a proposed variance.
See OPR's publication The Variance for more information.
Some types of land uses are only allowed upon approval of a conditional use permit (also called a CUP or special use permit) after a public hearing. These uses might include community facilities (i.e., hospitals or schools), public buildings or grounds (i.e., fire stations or parks), temporary or hard-to-classify uses (i.e., Christmas tree sales), or uses with potentially significant environmental impacts (i.e., hazardous chemical storage or surface mining). The local zoning ordinance specifies the uses for which a conditional use permit is required, the zones they may be allowed in, and the public hearing procedure. When allowing a project, the CUP will impose special development requirements to insure that the use will not be detrimental to its surroundings. Requirements might include such things as additional landscaping, soundproofing, limited hours of operation, additional parking, or road improvements. A CUP does not rezone the land.
Conditional Use Permit Considerations
Commissioners should be able to answer the following questions affirmatively when approving a conditional use permit.
See OPR's publication The Conditional Use Permit for more
information.
In general, land cannot be subdivided in California without local government
approval. Dividing land for sale, lease or financing is regulated by local
ordinances based on the state Subdivision Map Act (commencing at Government
Code section 66410). The local general plan and the zoning, subdivision,
and other ordinances govern the design of the subdivision, the size of its
lots, and the types of improvements that will be required as conditions
of approval.
There are basically two kinds of subdivision: parcel maps, which are
limited to divisions resulting in fewer than 5 lots (with certain exceptions),
and final or tract map subdivisions, which create 5 or more lots. Local
ordinances apply less stringent development standards to parcel maps than
to tract maps.
Tract maps and, where provided by local ordinance, parcel maps are approved in two stages.
Subdivision approval is conditioned upon the subdivider providing public improvements such as streets, drainage facilities, water supply or sewer lines to serve the subdivision. They may also be required to dedicate park land to the community. These improvements must be installed or secured by bond before the city or county will grant final map approval and allow the subdivision to be recorded in the county recorder's office.
Lots within the subdivision cannot be sold and are not legal divisions
of land until a final map has been recorded. The subdivider has at least
two years (and with extensions, usually more) in which to comply with the
improvement requirements, gain final administrative approval, and record
the final map.
Subdivision Considerations
Commissioners should be able to answer the following questions affirmatively when approving a subdivision map.
The California Environmental Quality Act (commencing at Public Resources Code section 21000) requires local and state governments to consider the potential environmental effects of a project before making a decision on it. CEQA's purpose is to disclose the potential impacts of a project, suggest methods to minimize those impacts, and discuss project alternatives so that decision-makers will have full information upon which to base their decision. CEQA is a complex law and the following discussion is extremely general. Refer to the California Environmental Quality Act Guidelines or ask your planning staff for specific information. Information is also available online at the Resources Agency's website: http://ceres.ca.gov/ceqa.
The role of the planning commission in the environmental review process
varies among jurisdictions depending upon local environmental review procedures.
In some cities and counties, the commission conducts hearings on draft environmental
impact reports (note: CEQA does not require public hearings during the preparation
of an environmental impact report or negative declaration, however some
jurisdictions choose to hold them). In others, the commission has no active
role.
The agency with the principal responsibility for issuing permits to a
project (or for carrying out the project) is called the "lead agency."
As such, it is responsible for determining whether or not a project will
significantly impact the environment and, when necessary, for analyzing
the project's possible environmental impacts (or contracting for this work
to be done under its direction). The planning department is usually lead
agency in local planning matters.
Analyzing a project's potential environmental effects is a multi-step process. Many minor projects, such as single-family homes, remodeling, and accessory structures are exempt from the CEQA requirements (for a complete list see the California Environmental Quality Act Guidelines). Exempt projects receive no environmental review.
When a project is subject to review, the lead agency prepares an "initial
study" to assess the potential adverse environmental impacts. If the
project will not cause a significant impact on the environment or if it
has been redesigned to eliminate any impacts, a "negative declaration"
is written. If significant environmental effects are identified, then an
Environmental Impact Report (EIR) must be written before the project can
be considered by decision makers. Upon approval of a project for which a
negative declaration is adopted or an EIR certified, the city or county
must also adopt a monitoring program to ensure that the mitigation measures
will be completed as required.
A negative declaration describes why a project will not have a significant
impact and may require that the project incorporate a number of "mitigation
measures" to ensure that there will be no significant impacts resulting
from the project. A negative declaration cannot be used when significant
impacts are not totally eliminated. Also, when a project consists of several
parts, a negative declaration cannot substitute for an EIR if the total
project will cause environmental impacts.
An EIR discusses the proposed project, its environmental setting, its probable impacts, realistic means of reducing or eliminating those impacts, its cumulative effects in the context of other development, and realistic project alternatives. CEQA requires that Negative Declarations and draft EIRs be made available for review by the public and other agencies prior to consideration of the project. The review period (a minimum of 20 days for Negative Declarations and a minimum of 30 days for draft EIRs) allows concerned citizens and agencies to comment on the contents and adequacy of the environmental document prior to its completion. The final EIR must incorporate written responses to the comments submitted by reviewers.
In 1993, a master EIR was also included as a choice when completing an environmental assessment (AB 1888). Under this chapter, a master EIR may be prepared for a variety of projects to evaluate the cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment. The review of each project is substantially reduced due to their impacts having been reviewed and mitigated in a certified master EIR.
When the city council or board of supervisors approves a project, it must certify the adequacy of the Negative Declaration or EIR. If its decision to approve a project will result in unavoidable significant impacts, as identified in the EIR, the city council or board of supervisors must state, in writing, its overriding reasons for granting the approval. In addition, when mitigation measures are adopted as a result of a negative declaration or EIR, the council or board must enact a program for reporting on or monitoring the implementation of those measures.
Both negative declarations and EIRs are objective, informational documents. They neither approve nor deny a project. Environmental analysis must be done as early as possible in the process of considering a project and must address the entire project. The CEQA Guidelines describes the several different types of EIRs that may be prepared. Tracking CEQA Mitigation Measures Under AB 3180 (published by the Office of Planning and Research) can help design a mitigation reporting or monitoring program.
Figure 2
Note: This chart illustrates the three common paths for project processing. Processing times and the level of complexity of Negative Declarations and EIRs are not the same.
This law sets time limits for governmental action on some types of projects (see Government Code sections 65920-65963.1). Failure to act within those time limits can mean automatic approval of a project. The act applies to discretionary projects (those which the local government has the power to deny or conditionally approve) which are "adjudicative" in nature. An adjudicative decision applies existing policies and regulations to a particular situation. Use permits, subdivisions, and variances are all actions subject to the Permit Streamlining Act. The Act does not apply to the adoption or amendment of a general plan or of a zoning ordinance.
Generally speaking, local government must take action on administrative projects within 180 days of the date upon which the project's final EIR is certified. This period is 60 days when a negative declaration is adopted or the project is exempt from CEQA. A project may be automatically approved under the Act if the jurisdiction fails to make a decision within the time limit and the developer takes certain actions to provide public notice.
If you have questions about how the Permit Streamlining Act applies to a particular project, check with your planning staff or city attorney/county counsel.
The planning commission is not directly involved in the approval of annexations nor in the city incorporation process. However, these are subjects with which a planning commissioner should be generally familiar.
Annexation (the addition of territory to an existing city) and incorporation
(creation of a new city) are controlled by the Local Agency Formation Commission
(LAFCO) established in each county by state law. A LAFCO is made up of elected
officials from the county, cities, and, in some cases, special districts.
LAFCO duties include: establishing the "spheres of influence"
that designate the ultimate service areas of cities and special districts;
studying and approving requests for city annexations; and, studying and
approving proposals for city incorporations. Following is a very general
discussion of annexation and incorporation procedures. For detailed information
on this complex subject, contact your county LAFCO.
When the LAFCO receives an annexation request, it will convene a hearing to determine the worthiness of the proposal. Annexations may be requested by affected landowners or by a city. In cases where the proposed annexation is being initiated by a city, its planning commission may be asked to study the proposal before a formal application is filed with the LAFCO.
The LAFCO will deny, approve or conditionally approve annexation proposals
based on its policies and state law (for example, annexation cannot occur
unless the LAFCO has adopted a sphere of influence for the city and the
area proposed to be annexed is within the city's sphere). The LAFCO delegates
tentatively approved annexation requests to the affected city for hearings
and, if necessary, an election. Annexations which have been passed by vote
of the inhabitants or which have not been defeated by protest (in those
instances where no election was required) must be certified by the LAFCO
and meet all its conditions before they become final. The LAFCO, not the
city, has final responsibility for the annexation process.
The sphere of influence is a plan for the probable ultimate physical boundaries and service area of a city or special district. The LAFCO is responsible for establishing a sphere for each city and special district in the county. The purpose of the sphere is to act as a benchmark for future annexation decisions.
Cities cannot establish their own sphere of influence. The LAFCO has sole responsibility for doing this. However, a city may request that the LAFCO amends its sphere.
Some cities use their sphere of influence as a convenient boundary for
their general plan. These cities plan beyond their city limits although
they usually have no actual authority over land uses in county areas. This
planning anticipates the eventual annexation of land into the city.
When a new city is proposed to be formed, the LAFCO studies the financial feasibility of the proposed city, its financial impact on the county and special districts, and the provision of public services. If the proposal cannot be shown to be feasible, the LAFCO can terminate the proceedings. If the proposed city appears to be feasible, LAFCO will refer the proposal (and a set of conditions to be met upon incorporation) to the county board of supervisors for a public hearing to be held. Incorporation proceedings are terminated if the supervisors receive protests from a majority of the voters residing within the proposed city boundaries. If they do not receive a majority protest, an election will be held on the question of whether to create the city and to elect city officials.
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Governor's Office of Planning and Research
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