The subject of this second installment of “Cambria U” is a citizen’s guide to land use planning as it is practiced in California. Its purpose is to explain, in general terms, how local communities regulate land use and to define some commonly used planning terms. Links to additional information throughout this post will take you to more in depth information.
Cities and counties “plan” in order to identify important community issues (such as new growth, housing needs, and environmental protection), project future demand for services (such as sewer, water, roads, etc.), anticipate potential problems (such as overloaded sewer facilities or crowded roads), and establish goals and policies for directing and managing growth. Local governments use a variety of tools in the planning process including the general plan, specific plans, zoning, and the subdivision ordinance. State law establishes a framework for local planning procedures, but cities and counties adopt their own unique responses to the issues they face.
STATE LAW AND LOCAL PLANNING
State law is the foundation for local planning in California. The California Government Code (Sections 65000 et seq.) contains many of the laws pertaining to the regulation of land uses by local governments including: the general plan requirement, specific plans, subdivisions, and zoning.
However, the State is seldom involved in local land use and development decisions; these have been delegated to the city councils and boards of supervisors of the individual cities and counties. Local decisionmakers adopt their own sets of land use policies and regulations based upon the state laws.
Plan and Ordinances
State law requires that each incorporated county and city adopt “a comprehensive, long-term general plan for [its] physical development.” This general plan is the official city or county policy regarding the location of housing, business, industry, roads, parks, and other land uses, protection of the public from noise and other environmental hazards, and conservation of natural resources. The legislative body of each city (the city council) and each county (the board of supervisors) adopts zoning, subdivision and other ordinances to regulate land uses and to carry out the policies of its general plan.
There is no requirement that adjoining cities or cities and counties have identical, or even similar, plans and ordinances. Cities and counties are distinct and independent political units. Each city, through its council and each county, through its supervisors, adopts its own general plan and development regulations. In turn, each of these governments is responsible for the planning decisions made within its jurisdiction.
Hearing Bodies
In San Luis Obispo County the board of supervisors has appointed planning commissions to assist them with planning matters, and created advisory councils to represent specific areas. For issues that affect Cambria and/or San Simeon, the North Coast Advisory Council (NCAC) and the Planning Commission consider general plan and specific plan amendments, zone changes, and major subdivisions. The NCAC is advisory in nature, providing feedback to the county and District 2 Supervisor. The Planning commission has the power to approve proposals, subject to appeal to the council or board of supervisors. These hearing bodies, however, do not have final say on matters of policy such as zone changes and general or specific plan amendments.
Hearings
State law requires that local governments hold public hearings prior to most planning actions. At the hearing, the council, board, or advisory commission will explain the proposal, consider it in light of local regulations and environmental effects, and listen to testimony from interested parties. The council, board, or commission will vote on the proposal at the conclusion of the hearing.
Depending upon each jurisdiction’s local ordinance, public hearings are not always required for minor land subdivisions, architectural or design review or ordinance interpretations. The method of advertising hearings may vary. At a minimum, counties and cities must publish notice of general plan adoption and amendment in the newspaper. Notice of a proposed general plan amendment affecting allowable land uses, zone change, conditional use permit, variance, and subdivision tract is published in the newspaper and mailed to nearby property owners. In addition, the NCAC publishes agendas on their website before their meetings on every third Wednesday (except December) and approved minutes. The Planning Commission agendas and video of their meetings, as well as meeting minutes are available on the county website.
THE GENERAL PLAN
The Blueprint
The local general plan can be described as the county’s “blueprint” for future development. It represents the community’s view of its future; a constitution made up of the goals and policies upon which the board of supervisors and planning commission will base their land use decisions. To illustrate its importance, all subdivisions, public works projects, and zoning decisions must be consistent with the general plan. If inconsistent, they must not be approved.
Long-range Emphasis
The general plan is not the same as zoning. Although both designate how land may be developed, they do so in different ways. The general plan and its diagrams have a long-term outlook, identifying the types of development that will be allowed, the spatial relationships among land uses, and the general pattern of future development. Zoning regulates present development through specific standards such as lot size, building setback, and a list of allowable uses. In counties, the land uses shown on the general plan diagrams will usually be reflected in the local zoning maps as well. Development must not only meet the specific requirements of the zoning ordinance, but also the broader policies set forth in the local general plan.
Contents
State law requires that every general plan must contain the following components or “elements”: Land Use, Conservation,
Noise Element
Transportation Plan-1979 , Open Space,
Safety Element – [12317KB]and
Housing Element 7-20-04 – (Government Code Sections 65300 et seq.). In addition, state law allows for the adoption of additional or optional elements of a general plan. These elements may address any other subjects that, in the judgement of the legislative body, relate to the physical development of the county. The County of San Luis Obispo has adopted seven optional elements:
Parks and Recreation Element – [3276KB], Historic and Esthetic,
Energy Element , Off-shore Energy,
Economic Element -and
Ag Open Space Element -.
Most general plans consist of: (1) a written text discussing the community’s goals, objectives, policies, and programs for the distribution of land use; and, (2) one or more diagrams or maps illustrating the general location of existing and future land uses. Figure 1 is an example of a general plan diagram.
State law requires that local governments make copies of their plans available to the public for reference. Copies can be sold to the public for the cost of reproduction. See San Luis Obispo’s various documents that make up the general plan using this link.
Approving the Plan
The process of adopting or amending a general plan requires 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 or posted in the vicinity of the site proposed for change. Prior to approval, hearings will be held by the North Coast Advisory Council and the planning commission. The general plan must be adopted by resolution by the legislative body of each city or county, and in the case of Cambria/San Simeon, California Coastal Commission must also approve the plan.
Community and Specific Plans
“Area plans” and “specific plans” is used in San Luis Obispo County to plan the future of a particular area at a finer level of detail than that provided by the general plan. A community plan is a portion of the local general plan focusing on the issues pertinent to a particular area or community within the city or county. It supplements the policies of the general plan. San Luis Obispo County’s area and specific plans include:
Specific plans describe allowable land uses, identify open space, and detail the availability of facilities and financing for a portion of the community. Specific plans must be consistent with the local general plan. A specific plan implements but is not technically a part of the general plan. In some jurisdictions, specific plans take the place of zoning. Zoning, subdivision, and public works decisions must be consistent with any applicable specific plan.
Coastal Plan Policies - [1553KB]
Coastal Plan Policies-Summary -
Report on General Plan for SLO
The General Plan Progress report for Fiscal Year 2005-06 reviews the activities that took place to implement the County General Plan, which is sometimes referred to as the “blueprint” for growth and development in San Luis Obispo County. It describes major new planning activities, general plan and ordinance amendments, public contact and assistance, permit and subdivision activity, and residential and non-residential development. Read the report here:
General Plan Progress, 2005-2006