David Roemer, MURP, Lecturer,San Jose State University, Department ofUrban and Regional Planning

HOW DECISIONS ARE MADE IN THE PLANNING FRAMEWORK

Developer

• Brings an Application to a planning department which examines the project and does an environmental review

Planning Commission

withPublic Input

• The Developer presents the project before the planning Commission

A Decision is Made

• Congrats or back to the drawing board

Land use decisions in theory

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The Planning Framework • State Law and Local Planning

• The California Environmental Quality Act • AB 32• SB 375• The General Plan • Zoning • Subdivisions • Other Ordinances and Regulations • Annexation and Incorporation

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Local planning in California is established in state laws

THE PLANNING AND ZONING LAW

(California Government Code)TITLE 7. PLANNING AND LAND USE

DIVISION 1. PLANNING AND ZONING

Chapter 1. General Provisions(Sections 65000 et seq.)

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A California statute passed in 1970The California Environmental Quality Act (CEQA)

•CEQA requires local and state governments to consider the potential environmental effects of a project before deciding whether to approve it or not.

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Assembly Bill 32:

Global Warming Solutions Act (2006)

Reduce statewide levels of greenhouse

gas emissions to 1990 levels by 2020

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Senate Bill B 375, The Sustainable Communities and Climate Protection Act of 2008

“In order to reach California’s

greenhouse gas goals we must rethink how we

design our communities”

(From Governor Schwarzenegger’s Office Fact Sheet on SB 375)

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The General Plan A shared vision of the community’s distant future with policies and program ideas to make that vision a reality

State law requires that each city and each county adopt a general plan containing the following seven components or "elements": land use, circulation, housing, conservation, open-space, noise, and safety

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Seven Mandatory Elements •The land use element

designates the general location and intensity of housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other land uses.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements •The circulation element

identifies the general location and extent of existing and proposed roads, public utilities and facilities. It must be correlated with the land use element.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements •The housing element is a

comprehensive assessment of current and projected housing needs for all economic segments of the community and region.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements

•The conservation element addresses the conservation, development, and use of natural resources including water, forests, soils, rivers, and mineral deposits.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements •The open-space element

details plans and measures for preserving open-space for natural resources, and the identification of agricultural land.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements

•The noise element identifies and appraises noise problems within the community and forms the basis for distributing new noise-sensitive land uses.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Seven Mandatory Elements

•The safety element establishes policies and programs to protect the community from risks associated with seismic, geologic, flood, and wildfire hazards.

Land use

Circulation

Housing

Conservation

Open-space

Noise

Safety

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Santa Clara CountyGeneral Plan Update •Santa Clara will be one of

the first counties in California to integrate a Health Element into their General Plan.

•The Health Element will address a number health and wellness topics affecting County residents.

New Health Element

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Now with Sustainability in mind

Source: The California Sustainability Alliance program, managed by Navigant Consulting, is funded by California utility customers under the auspices of the California Public Utilities Commission. Copyright ©2011 Navigant Consulting, Inc.

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The State Subdivision Map Act (commencing with Government Code Section 66410) Subdivisions

• In general, land cannot be divided in California without local government approval.

•The local general plan, zoning, subdivision, and other ordinances govern the design of the subdivision, the size of its lots, and the types of improvements (street construction, sewer lines, drainage facilities, etc.).

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Other Ordinances and Regulations •Common types include:

flood protection, historic preservation, design review, hillside development control, growth management, impact fees, traffic management, and sign control.

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Zoning•A zoning ordinance is the local law that spells out the immediate, allowable uses for each piece of property within the community.•Zoning is adopted by ordinance and carries the weight of local law. • If a landowner proposes a use that is not allowed in the zone, the city or county must approve a rezoning (change in zone) before development of that use can begin.

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Annexation and Incorporation •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 the state's Cortese-Knox Act (commencing with Government Code Section 56000). 21

Another look at the land use decisions

Significant

ProjectDesign Review

PlanningDept.

Environmental Review

Environmental Impact Report

(Versions)

Law suits and

Hearings

Public Review

Public Review

Publ

ic

Inpu

t

Public Review

Planning Commission

Public Review

Around

again?

Next Hurdle

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BIBLIOGRAPHY• Alternative Techniques for Controlling Land Use: A Guide to Small Cities and Rural Areas in California, by Irving Schiffman

(University Center for Economic Development and Planning, California State University, Chico) 1982, revised1989. This book discusses, in detail, concepts such as hillside development standards, planned unit development, and specific plans.

• California Environmental Quality Act: Statutes and Guidelines (Governor's Office of Planning and Research, Sacramento, California) 1996, 301 pp. The CEQA Guidelines describe the requirements for evaluating environmental impacts. Out of Print, check in the government documents section of your local library.

• California Land Use and Planning Law, by Daniel J. Curtin Jr., (Solano Press, Pt. Arena, California) revised annually. A look at the planning, zoning, subdivision, and environmental quality laws that is illustrated by references to numerous court cases.

• The General Plan Guidelines (Governor's Office of Planning and Research, Sacramento, California) 1987, 368 pp. The Guidelines discuss local planning activities and how to write or revise a general plan.

• Guide to California Government, (League of Women Voters of California, Sacramento, California) 13th Edition, 1986, 167 pp. An excellent summary of the processes of local and state government.

• Guide to the Cortese/Knox Local Government Reorganization Act of 1985, by the Assembly Local Government Committee (Joint Publications Office, Sacramento, California),1985, 228 pp. A compilation of the law that authorizes annexations and other local government reorganizations. It contains a flowchart illustrating the annexation process.

• Planning Commission Handbook (League of California Cities, Sacramento, California) 1984. A well-written overview of the role of the planning commission and California planning law.

• Subdivision Map Act Manual, by Daniel J. Curtin, Jr., (Solano Press, Pt. Arena, California), revised annually. A practitioner's guide to the Map Act, including pertinent legal precedents.

• Your Guide to Open Meetings, The Ralph M. Brown Act, by the Senate Local Government Committee (Joint Publications Office, Sacramento, California), 1989. An easy to read explanation of the state's open meeting laws and the responsibilities of local government with regard to public meetings.

• Source for most of this presentation taken from the web site: http://ceres.ca.gov/ceqa/more/tas/Planning_Guide.html#intro

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David RoemerSan Jose State University Urban and Regional Planningder_gis@earthlink.net

THANK YOU