THE GENERAL PLAN Planning Commissioner Training Workshop. Sacramento Valley Section April 16, 2016

Transcription

1 THE GENERAL PLAN Planning Commissioner Training Workshop Sacramento Valley Section April 16,

2 Presenters Dan Amsden, AICP Senior Project Manager, MIG Board Member, APA Sacramento Valley Section Chelsey Payne, AICP Project Manager, Mintier Harnish

3 General Plan Basics Sacramento Valley Section April 16,

4 What is a General Plan? A clear vision for the future and actions to achieve it The official statement, adopted by a legislative body, which sets forth its major policies concerning future physical development

5 The Nature of the General Plan The general plan has been described as a: Blueprint or roadmap Operating manual Constitution for land use and development

6 The Nature of the General Plan It is a long-term plan for development of the community It has to address a minimum set of topics It is legally enforceable by virtue of numerous consistency requirements General Plan belongs to the community and reflects local vision and values Intended to be a living document that changes with times

7 Minimum Legal Requirements Comprehensive Includes seven required topics or elements Defines a planning area and/or subareas Long-term Typically has a planning horizon of 15 to 25 years Consistent Must be internally consistency

8 Required General Plan Elements Land Use Element Identifies how land can be used and distributes those uses Circulation Element Identifies transportation and mobility solutions for all modes of travel Housing Element Addresses housing issues and projects future housing needs Open Space Element Details plans for open land preservation and parks Conservation Element Addresses the conservation and development of natural resources Safety Element Establishes programs to protect communities from natural hazards Noise Element Identifies noise issues in the community and addresses their impacts on sensitive uses

9 Optional Topics or Elements Discretion in addressing a range of other issues Any subject related to physical development Discretion in adding optional elements Economic development Community design Public facilities/services Parks and recreation Community health Climate change/sustainability Water Agriculture

10 Typical Land Use Types and Colors Residential All housing uses, including single family homes, multifamily apartments, and condos Commercial Business uses including retail stores, restaurants, and office space Mixed-Use A combination of residential, commercial or other uses combined in either a single building or across a larger area Public/Open Space Undeveloped land that is open to the public, including parks, plazas, and green space Industrial Production uses including manufacturing spaces, warehouses, factories, as well as research and development space Public Public, quasi-public, or government-oriented uses, including schools, hospitals, and government buildings

11 Other Mandatory General Plan Issues Coastal Act Alquist-Priolo Earthquake Fault Zones Solid Waste Management Hazardous Waste Management Surface Mining and Reclamation Airport Land Use Compatibility Groundwater Management (new)

12 Recent General Plan Requirements Urban Design/Form-based Code (AB 1268, 2004) Military Bases/Installations (SB 926, 2004) Tribal Consultation (SB 18, 2004) Flood Hazards (AB 162, 2007/SB 5, 2007) Complete Streets (AB 1358, 2008) Disadvantaged Communities (SB 244, 2011) Recent laws influencing General Plans Greenhouse gas reductions (AB 32, 2006/SB 97, 2007) Regional sustainability (SB 375, 2008) Multimodal traffic analysis (SB 743, 2013)

13 How Topics/Issues Must Be Addressed Three Basic Parts Background information Goals, policies, objectives Implementation programs and actions Step 1 Research Analysis Issues Findings Step 2 Vision Goals Policies Objectives Step 3 Programs Projects Actions

14 Organization of the General Plan Cities and counties have discretion in determining the organization and structure of the General Plan Single document vs. a Background Report and Policy Document Combined elements and optional elements Area or community plans As long as the General Plan Addresses the required topics or elements Maintains internal consistency

15 General Plan Structure Vision Statement of where the community desires to go A key element of any comprehensive plan

16 General Plan Structure Goal: value-based statement, not necessarily measurable; should include purpose, scope and context Objective: more specific, measurable statement of a desired end; should include location, character, and timing Policy: rule or course of action that indicates how the goals and/or objectives of the plan should be realized; should include principles, agreements, laws, regulations and resolutions Program/Action: series of related, mission-orientated activities aimed at carrying out a particular goal or policy; should include initiatives, projects, milestones, costs and responsibilities

17 General Plan Structure Figures and Graphics: spatially and visually convey information that helps further describe goals or policy

18 Consistency with the General Plan There are over 20 types of approvals and actions that must be consistent with the General Plan Specific plans, zoning, conditional use permits, development agreements, development projects Capital improvement programs, public works projects Open space zoning, acquisitions, disposals, easements Reserving land for public uses (police/fire stations, parks) and road/utility rights-of-way CEQA review of projects requires a General Plan consistency analysis

19 General Plan Amendments and Updates Amendments The general plan can be amended The general plan is not graven in stone But only four amendment cycles per year Updating the general plan Every 5 to 10 years or when amendments become frequent Allow enough time to do job right Provide adequate funding Seek public input and buy-in 19

20 Emerging Topics and Trends Topical Healthy communities Sustainability and resiliency Climate action planning Climate change adaptation Uses Operational/management tool Budgeting tool Organization and Structure Digital/web-based General Plans

21 Housing Elements Sacramento Valley Section April 16,

22 Housing Element Legislative Intent Enacted in 1969 (and amended frequently thereafter) The availability of housing is of vital statewide importance [and] local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.

23 Housing Element Facts Most detailed element of the General Plan Mandatory timeframe and schedule for update Updated now every 8 years (Non-attainment MPOs) Or every 5 years (Attainment MPOs) State certification (California Department of Housing and Community Development - HCD) Resource: HCD Building Blocks for Effective Housing Elements

24 Update Cycles 5 th Housing Element Cycle Butte Co. Assoc. of Govts (BCAG): June 15, 2014 June 15, 2022 Sac Area Council of Govts (SACOG): Oct 31, 2013 Oct 31, 2021 Tahoe Reg Planning Agency (TRPA): June 15, 2014 June 15, 2022 San Joaquin Council of Govts: (SJCOG): Dec 31, 2015 Dec 31, 2023 Sierra Planning Org (SPO): June 30, 2014 June 30, 2019 Non-COG (Amador, Calaveras, Colusa, Glenn, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama): June 30, 2014 June 30, 2019

25 Housing Element Contents Background Report Existing and projected housing needs analysis Special housing needs analysis (e.g., seniors, homeless) Housing sites inventory Analysis of constraints Policy Document Policies and programs to facilitate housing development: Adequate vacant residential sites Assist in development of affordable housing Remove governmental constraints Preserve existing affordable housing Promote equal housing opportunities

26 Regional Housing Needs Allocation (RHNA) Every city and county must plan to accommodate its fair share of the regional housing need California (Housing and Community Development) SACOG Sacramento Area Council of Governments RHNA = 104,970 units El Dorado County 5,136 Placer County 21,625 Sacramento County 58,386 Sutter County 3,463 Yolo County 11,129 Yuba County 5,231 Unincorp. County 5,031 Auburn 308 Colfax 51 Lincoln 3,790 Loomis 154 Rocklin 3,813 Roseville 8,478

27 Regional Housing Needs Allocation (RHNA) Example: City of Roseville, RHNA Income Category RHNA (Housing Units) 2012 Income Limit (3 pers. household) Max. Affordable Monthly Rent Very Low Income (<50% of Median Income) 2,268 $34,250 $856 Low Income (51 80% of Median Income) 1,590 $54,850 $1,371 Moderate Income (81 120% of Median Income) 1,577 $82,200 $2,055 Above Moderate Income (>120% of Median Income) 3,043 >$82,200 >$2,055 TOTAL 8,478

28 Accommodating the RHNA Sites must be identified on a parcel-specific basis Realistic development capacity Default density standard for lowerincome housing: Metropolitan jurisdictions: 30 u/a Suburban jurisdictions: 20 u/a Nonmetropolitan w/ micropolitan area: 15 u/a Nonmetropolitan jurisdictions: 10 u/a State Law does not require the City to build the housing units identified in the RHNA

29 Accommodating the RHNA If jurisdiction does not have adequate capacity for lower-income housing Must rezone within 3 years of adoption Zoning much have 20 u/a minimum density Residential uses must be allowed by-right (non-discretionary)

30 Housing Laws Density Bonus Law Must allow increased density and other concessions for developments that include percentage of affordable units Zoning for a variety of housing types Emergency (i.e., homeless) shelters Transitional and supportive housing Group homes Second units Manufactured housing Farmworker housing

31 Housing Laws Housing Accountability Act ( Anti-NIMBY Law ) City/county must make specific, justified findings before denying affordable housing project Limits on Down Zoning Limits extent to which parcels may be downzoned or projects approved at lower densities than listed in housing element inventory

32 Penalties for Non-Compliance Potential Litigation Most frequently litigated part of General Plan HCD certification gives agency rebuttable presumption of validity in case of lawsuit Folsom and Pleasanton: Court order to halt all building permits until settlement agreement reached Action to compel rezoning (and sanctions for failure)

33 Penalties for Non-Compliance Penalty in Subsequent Housing Element Cycles Carryover of unmet RHNA if adequate sites are not identified Four year review instead of eight year

34 Incentives for Compliance Priority Funding Housing for Urban Parks funds CalHFA loans Regional transportation funds Eligible for CDBG and HOME

35 Zoning and Implementation Sacramento Valley Section April 16,

36 Land Use Planning Hierarchy Long-Term More General GENERAL PLAN Area/Community Plans Specific Plans Zoning (Discretionary/Legislative) Short-Term Subdivision Maps Conditional Use Permits Variances (Discretionary/Quasi Adjudicatory) More Detailed Building Permits Grading Permits (Ministerial)

37 Zoning Code Exercise of City s police powers Implements the General Plan Divides cities/counties into zones with uniform development regulations Authorizes legislative or appointed bodies with specified discretionary review

38 Zoning Code

39 Design Guidelines A set of discretionary statements to guide land development and design They function to preserve and enhance the desired character of existing neighborhoods and improve the aesthetic and functional quality of new development projects They typically include direction on building typology, streetscape design, landscape, amenities, and other features

40 Design Guidelines

41 Specific Plans Another tool used for systematically implementing the general plan within all or a portion of the planning area Any interested party may request the adoption, amendment, or repeal of a specific plan They can be prepared by either the public or private sector, however, responsibility for its adoption, amendment, and repeal lies with the City Council or County Board of Supervisors They can also be adopted by voter initiative and is subject to referendum

42 Specific Plans A specific plan must include (at a minimum) a statement of its relationship to the general plan and text and diagrams specifying the following: The distribution, location, and extent of land uses The proposed distribution, location, extent, and intensity of major components of public and private infrastructure needed to support current/future uses Development standards (including conservation) A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of the preceding three paragraphs

43 Specific Plans

44 Form Based Codes Conventional zoning divides areas into a series of mapped districts (zones), and then assigns a permitted use(s) to each zone Form Based Codes (FBC) do not focus on specific uses instead they focus on what the community wants to look like FBCs control only the most important physical attributes of a group of buildings: Alignment on a street Disposition of space between them, and their overall height

45 Form Based Codes

46 Other Ways to Implement a General Plan Subdivision regulations Capital facilities Development Agreements Building and housing codes Acquisition of property by a public agency Tax assessments Land Trusts Transportation planning Infrastructure funding

47 Discussion and Questions Sacramento Valley Section April 16,