APPENDIX B COMPLIANCE WITH THE GOVERNMENT CODE A. GENERAL PLAN AMENDMENT PROCEDURE In general, local governments may not amend any of the mandatory elements of the General Plan (e.g. Land Use, Open Space, Conservation, Housing, Circulation, Noise, and Safety) more than four times per year. However, this limitation does not apply to the following, which may be applicable to La Palma: Optional elements; Amendments requested and necessary for affordable housing; and Amendments necessary to comply with a court decision affecting the legal adequacy of the General Plan. The Governor s Office of Planning and Research recommends the following criteria to be used by decision-makers, prior to approval of a General Plan Amendment: Is the amendment in the public interest (i.e., is it consistent with community goals and interests)? Is the amendment consistent with all other parts of the General Plan? Does the amendment create a ripple effect on other parts of the Plan and are those effects being considered and proposed as part of the amendment? The Planning Center City of La Palma General Plan 03/16/99 Page B- 1
CITY OF LA PALMA GENERAL PLAN Will the amendment necessitate changes to zoning or other ordinances and are those changes being considered within a reasonable time frame? The procedure for amending the General Plan involves hearing procedures pursuant to the California Government Code Section and adoption of a resolution by the City Council. An amendment to the General Plan constitutes a project under the California Environment Quality Act (CEQA) and therefore, the amendment must be evaluated for environmental impacts. B. GENERAL PLAN CONSISTENCY In order to link the long-range comprehensive planning of the La Palma General Plan to the day-to-day actions of the City, the state requires consistency of certain local actions with the General Plan. The state considers an action, program, or project to be consistent with the General Plan if it furthers the goals and policies of the plan. Some state statutes do not mandate consistency with the General Plan, but still require findings or a report on how proposed actions conform to the General Plan. The following is a list of the provisions in state law requiring local actions and documents to be consistent with the General Plan. Zoning Government Code Section 65860, requires that the zoning ordinances of general law cities be consistent with the General Plan. The City of La Palma is a General Law City. Subdivisions Government Code Sections 66473.5 and 66474 require that subdivision and parcel map approvals in all jurisdictions be consistent with the General Plan. Reservations of Land with Subdivisions Government Code Section 66479 requires that reservations of land for parks, recreational facilities, fire stations, libraries and other public uses within a subdivision conform to the General Plan. Open Space Government Code Section 65566 requires acquisition, disposal, restriction, or regulation of open space land by a city or county, be consistent with the Open Space Element of the General Plan. Government Code Section 65567 prohibits the issuance of building permits, approval of subdivision maps and adoption of open space zoning ordinances that are inconsistent with the Open Space Element of the General Plan. City of La Palma General Plan Planning Center Page B- 2 03/16/99
COMPLIANCE WITH THE GOVERNMENT CODE! Government code section 65910 requires that every city and county adopt open space provisions in their zoning ordinances consistent with the Open Space Element of the General Plan.! Government Code Section 51084 requires cities and counties accepting or approving an open space easement to make a finding that preservation of the open space land is consistent with the General Plan. Capital Improvements Government Code Sections 65401 and 65402 require a review and report on the consistency of proposed city, county and special district capital projects, including land acquisition and disposal, with the General Plan. Development Agreements Government Code Section 65867.5 requires that development agreements between developers and local governments be consistent with the General Plan. Special Housing Programs Health and Safety Code Section 50689.5 requires that housing and housing programs developed under Health and Safety Code Sections 50680 et seq. for the developmentally disabled, mentally disordered and physically disabled be consistent with the Housing Element of the General Plan. Project Review Under CEQA Title 14, California Administrative Code Section 15080 requires examination of projects subject to the provisions of the California Environmental Quality Act for consistency with the General Plan. Transmission Lines Public Utilities Code Section 12808.5 requires cities and counties approving electrical transmissions and distribution lines of municipal utility districts to make a finding concerning the consistency of the lines with the General Plan. Hazardous Waste Management Chapter 1504 of the Statutes of 1986 (Tanner Bill) requires each county to prepare a countywide hazardous waste management plan. Each county plan is then to be incorporated into the General Plans of all cities within the county s jurisdiction. The Planning Center City of La Palma General Plan 03/16/99 Page B- 3
CITY OF LA PALMA GENERAL PLAN C. ELEMENT AUTHORIZATION AND SCOPE The State of California Government Code requires every city and county to adopt a Land Use Element, Circulation Element, Housing Element, Conservation Element, Open Space Element, Noise Element, and Safety Element as part of its General Plan. The following Government Code sections describe the scope of each element. For additional information on pertinent code sections and relevant court cases, please refer to the 1998 Edition of the General Plan Guidelines (or most current version), published by the Governor s Office of Planning and Research. 1. LAND USE ELEMENT Government Code Section 650302(a): [The general plan shall include] a land use element, which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. 2. CIRCULATION ELEMENT Government Code Section 65302(b): [The general plan shall include] a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other local public utilities and facilities, all correlated with the land use element of the plan. 3. HOUSING ELEMENT Government Code Section 65583: The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources and scheduled programs for the preservation improvement and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing and mobilehomes and shall make adequate provision for the existing and projected needs of all economic segments of the community. City of La Palma General Plan Planning Center Page B- 4 03/16/99
COMPLIANCE WITH THE GOVERNMENT CODE 4. CONSERVATION ELEMENT Government Code Section 65302(b): [The general plan shall include] a conservation element for the conservation, development and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. 5. OPEN SPACE ELEMENT Government Code Section 65560(a)(b): Local open space plan is the open space element of a county or city general plan adopted by the board or council Open space land is any parcel or area of land or water which is essentially unimproved and devoted to an open space use as defined in this section as any of the following: a. Open space for the preservation of natural resources including, but not limited to areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lake shores, banks of rivers and streams and watershed lands. b. Open space used for the managed production of resources including, but not limited to forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply. c. Open space for outdoor recreation, including but not limited to areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lake shores, beaches, and rivers and streams; and areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors. d. Open space for public health and safety, including but not limited to areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality. The Planning Center City of La Palma General Plan 03/16/99 Page B- 5
CITY OF LA PALMA GENERAL PLAN 6. NOISE ELEMENT Government Code Section 65302(f): [The general plan shall include] a noise element, which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall analyze and quantify, to the extent practical, as determined by the legislative body, current and projected noise levels. 7. SAFETY ELEMENT Government Code Section 65302(g): [The general plan shall include a] safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche and dam failure; slope instability leading to mudslides and landslides; subsidence, liquefaction and other seismic hazards. City of La Palma General Plan Planning Center Page B- 6 03/16/99