A specific plan may not be adopted or amended unless the proposed plan or amendment is consistent with the general plan pursuant to §65454. Section 65359 requires that any specific plan of a city or county that is applicable to the same areas or matters affected by a general plan amendment shall be reviewed and amended as necessary to make the specific plan consistent with the general plan. Consistency is commonly demonstrated through the statement of the relationship of the specific plan to the general plan as required by §65451(b) or through a discussion of the individual policies and programs and how each consistently implements the general plan.
Zoning, subdivision, and public works projects must be consistent with the general plan and specific plan pursuant to §65455. (See also §66473.5, 65860, and 65401) The California Attorney General has opined that, "the term 'consistent with' means 'agreement with.' The courts have held that the phrase 'consistent with' means 'agreement with; harmonious with.' The term 'conformity' means in harmony therewith or agreeable to" (see 58 Ops. Cal. Atty. Gen. 21, 23 (1975)).
As used in the General Plan Guidelines and based on the language contained in the statutes and various legal interpretations by the courts, a general rule for consistency determinations can be stated as follows:
An action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment.
A finding of a project's consistency with a general plan or specific plan would be reversed only if, based on the evidence before the council, a reasonable person could not have reached the same conclusion. (No Oil, Inc. v. City of Los Angeles (1987) 196 Cal.App.3d 223, citing McMillian v. American General Finance Corp. (1976) 60 Cal.App.3d 175, 186)
Specific plans may differ in their implementation of the general plan depending upon whether they are adopted by resolution or by ordinance. A specific plan adopted by resolution will propose implementation measures, whereas, when adopted by ordinance, the plan imposes regulations. If the specific plan is regulatory by design, the plan's regulations must promote the general plan's statement of development policies. In particular, the regulations must be enactments resulting from and complying with the directives of the general plan's policies, plan proposals, or action programs.
Diagram Consistency:
Section 65451(a) requires that a specific plan include a diagram or diagrams which specify the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. The diagram(s) must be consistent with the general plan. In Las Virgenes Homeowners Association v. Los Angeles County (1986) 177 Cal.App.3d 310, the court held that the general plan is only required to contain a diagram of the general locations illustrating the policies of the plan. General plan policies can establish that parcel-specific designations are to be reflected in a specific plan. Therefore, the boundaries of a specific plan's land use designations need not precisely match the generalized boundaries delineated on a general plan diagram provided that it reflects a reasonable approximation of a general plan's land use designations. The land use distributions and locations contained in the specific plan should be consistent with those of the general plan. For example, if a general plan designates an area as allowing residential and neighborhood commercial uses, the specific plan for the same area should not have provisions for limited industrial uses. This would be inconsistent with the general plan. Because a specific plan is intended to systematically implement the general plan, its diagram does not supersede that of the general plan. Rather, it details and fosters the general plan's development policies.
Specific plans which include multiple development phases and development over a longer time frame may not initially be consistent with the general plan diagram if provided for in the text of the general plan. For example, the first phases of a project may include existing agricultural land uses not shown under the diagram. However, later phases of the same project which include residential development of the same land accurately portray the allowable uses under the general plan diagram.
Consistency With Airport Land Use Plans:
In each county with a public use airport, an airport land use commission prepares a comprehensive airport land use plan (ALUP) addressing all such airports and their environs within the county. Section 65302.3 requires that the general plan, and any applicable specific plan be consistent with the ALUP. Further, §65302.3(b) requires that the general plan and specific plan be amended within 180 days to be consistent with any amendment to an ALUP. However, the consistency requirement may be overridden by the legislative body when findings are adopted pursuant to Public Utility Code §21676 (See California Aviation Council v. City of Ceres, (1992) 9 Cal. App. 4th 1384).
Amendments to a specific plan or general plan affecting the airport planning area must be reviewed by the airport land use commission and a determination made as to the consistency with the ALUP. If the commission finds that the amendment is inconsistent and the local legislative body does not concur, the city council or board of supervisors may either revise its amendment proposal or it may, by a two-thirds vote, overrule the commission's determination pursuant to Public Utility Code §21676.
Consistency With The California Coastal Act:
The California Coastal Act (Public Resources Code §30000 et seq.) exists to "protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources" (Public Resources Code §30001.5). The coastal zone extends from the California/Oregon border to the California/Mexico border, seaward to the end of the jurisdictional waters of the United States, including all offshore islands, and inland generally 1,000 yards (Public Resources Code §30103). The Coastal Act is applicable to all those portions of cities, counties, and charter cities that are within the coastal zone, excluding the area of jurisdiction of the San Francisco Bay Conservation and Development Commission (70 Ops.Cal.Atty.Gen. 220 (1987)).
Local agencies with jurisdiction over land within the coastal zone must prepare a local coastal program (LCP) to implement the Coastal Act. However, an agency may request, in writing, that the California Coastal Commission prepare all or part of an LCP (Public Resources Code §30500(a)). An LCP is "portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses..." (Public Resources Code §30108.5). The Coastal Commission has permitting authority over development within the coastal zone including certification of the LCP, oversight for local planning efforts, and permanent jurisdiction over development on coastal zone tidelands, submerged lands, and public trust land (Public Resources Code §30500).
Just as a specific plan may be used to implement a general plan, it may also be used to implement an LCP. A specific plan may be used to enact the land use regulations covering the entire coastal zone within a city or county, or focus the policies of the LCP on only a portion of zone. Specific plans that amend an LCP must be reviewed and certified by the commission (70 Ops.Cal.Atty.Gen. 220 (1987)).
Consistency With SMARA:
The Surface Mining and Reclamation Act of 1975 (SMARA) ensures that adverse environmental effects are prevented or minimized, mined land reclaimed, mineral production and conservation encouraged, and hazards to the public health and safety eliminated (Public Resources Code §2712). The Act requires cities and counties to adopt ordinances in accordance with state policy for the review and approval of reclamation plans and for the issuance of permits to conduct surface mining operations.
SMARA requires local agencies to prepare or amend a specific plan to "plan for future land uses in the vicinity of, and access routes serving..." a surface mining operation when requested by the mining operator or other interested person (Public Resources Code §2764). This does not apply if the local general plan contains mineral management policies consistent with SMARA which apply to the surface mining area.
When adopting or amending a specific plan, the local legislative body
must make findings as to whether the future land uses and access routes
will be compatible with the mining operation. If the land uses and access
routes are not compatible with the continuation of surface mining, the local
agency must also state why incompatible uses are to be provided for in light
of the regional importance of the operation (Public Resources Code §2764(b)).
The specific plan statute under §65455 states that "No public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no zoning ordinance may be adopted or amended within an area covered by a specific plan unless it is consistent with the adopted specific plan." Section 65451 requires that a specific plan set forth detailed development criteria, standards, and implementation programs. Thus, there is little or no opportunity for programs and other sections of the government code, which implement the specific plan, to vary from its requirements. In addition to §65455, there are a number of other statutes that address the issue of consistency between specific plans and implementing measures.
Subdivisions:
Section 66473.5 requires that the local legislative body only approve a tentative map, or a parcel map for which a tentative map was not required, if it finds that the subdivision, together with the provisions for its design and improvement, is consistent with any specific plan which has been adopted covering the area of the proposal.
Inconsistency between a proposed subdivision and an adopted specific plan is grounds for denial (§66474). This may include inconsistent design or improvement of the proposed subdivision.
Section 66474.61 requires that the advisory agency, appeal board, or city council of a city with a population exceeding 2.8 million (Los Angeles) deny approval of a tentative map, or parcel map for which no tentative map is required, if it finds that the proposed map or the proposed subdivision's design or improvement is inconsistent with applicable general and specific plans.
Separately, specific plans often contain conceptual subdivision maps which are used to present the ideal pattern of development for the plan area. Subsequent tentative maps must comply with the standards for design, improvements, land use, and density; however, they are not and should not be required to strictly comply with the conceptual designs, unless so stated in the plan.
Park Land (Quimby Act):
Local agencies may, by ordinance, require the payment of fees or dedication of land for park or recreational purposes as a condition of the approval of a tentative or parcel map subdivision. Prior to imposing this requirement, the local legislative body must adopt a general plan or specific plan with policies and standards for parks and recreational facilities. The required fee or dedication must be consistent with these policies and standards pursuant to §66477(d).
Development Agreements:
A specific plan facilitates the administration of a development agreement through the separation of policies and regulations which are specific to the site from those of the jurisdiction as a whole. As such, §65867.5 requires that a development agreement be approved only if the provisions of the agreement are consistent with any applicable specific plan.
Subdivision Land Reservations:
A local agency may, by ordinance, require the reservation of real property in a subdivision for parks and recreational facilities, fire stations, libraries or other public uses. Section 66479 requires that reservations be based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses. The reservations must be consistent with these policies and standards.
Land Projects:
Section 66474.5 restricts local agencies from approving a final subdivision map for any land project unless: (a) the local agency has adopted a specific plan covering the area included within the project; and (b) the agency finds that the land project, together with the provisions for design and improvements, is consistent with the specific plan. Land projects are defined by §11000.5 of the Business and Professions Code (see Appendix B).
Zoning:
Section 65455 requires that to adoption or amendment of a zoning ordinance be consistent with any applicable specific plan covering the same area.
A planning commission, in its written recommendation to a city council or board of supervisors regarding the adoption or amendment of a zoning ordinance, must describe the relationship between the proposed map or the proposed subdivision's design or improvement and if it is inconsistent with the applicable general and specific plan pursuant to §65855.
Public Works Projects:
Local public works projects may not be approved unless they are consistent with any applicable specific plan pursuant §65455.
Capital Improvement Programs:
Five-year capital improvement programs prepared by special districts, school districts, or other agencies created by joint powers agreements, must be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its consistency with any applicable specific plan. Section 65403(c) requires that the capital improvement program or any part of the program not be carried out if the planning agency finds that it is not consistent with any applicable specific plan. However, the finding may be overruled by the district or agency proposing to carry out the capital improvement program.
Annexations, Detachments, and Incorporation:
Section 56841(g) requires Local Agency Formation Commissions (LAFCO) to consider, among other issues, the consistency of proposals for annexation, detachment, or incorporation with applicable specific plans prior to approval.
Condominium Conversions:
The requirements of the Subdivision Map Act for consistency with general plans and specific plans under §66473.5, §66474, and §66474.61 do not apply to condominium projects or stock cooperatives that subdivide airspace in existing structures unless a specific plan contains definite objectives and policies, specifically directed to the conversion of existing buildings pursuant to §66427.2. Consistency may also be required where new structures or additions to existing structures occur.
Public Utilities:
Public Utilities Code §12808.5 requires public utility districts to refer proposals to locate or construct lines and accessory structures for the transmission and distribution of electricity to each affected city or county for their approval. The local legislative body must hold one public hearing and, within 60 days, adopt a resolution, including findings of consistency with any relevant specific plans, for approval or denial of the proposal. However, the utility district may, by a four-fifths vote, render the local agency's decision inapplicable.
Housing Projects:
Housing projects are defined by Health and Safety Code §34212 as being housing or community-related activities involving governmental funding or assistance. These projects are subject to applicable planning, zoning, sanitary, building laws, ordinances, and regulations. Any housing authority planning a housing project must take into consideration the relationship of the project to any larger plan or long-range program (specific plan) for the development of the area in which it is located consistent with Health and Safety Code §34326.
Regulatory Issues:
Inconsistencies in implementation or conflict with existing policies, programs, and ordinances must be identified and corrected as early as possible. Adjustments to existing planning and regulatory programs should be made before or concurrently with the adoption phase of the specific plan process. After adoption, any identification of inconsistency must be followed by the amendment of either existing plans and regulations or the specific plan itself. Failure to correct inconsistencies can result in the inability to enforce specific plan regulations and policies (see Anderson v. City of La Mesa (1981) 118 Cal. App. 3d 657).
Next: Implementation Measures
This document is prepared by:
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-455-0613