1. HOW DECISIONS ARE
MADE IN THE PLANNING
FRAMEWORK
David Roemer, MURP , Lecturer,
San Jose State
University, Department of
Urban and Regional Planning

2. Land use decisions in theory
• Brings an Application
to a planning
department which
Developer
examines the project
and does an
environmental review
• The Developer
Planning presents the
Commission project before the
with planning
Public Input
Commission
• Congrats or
back to the
drawing
A Decision is Made board
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3. 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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4. Local planning in
California is THE PLANNING AND ZONING LAW
established in state
(California Government Code)
laws
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 1. General Provisions
(Sections 65000 et seq.)
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5. A California statute
passed in 1970 • CEQA requires local and state
The California governments to consider the
Environmental potential environmental effects
Quality Act (CEQA) of a project before deciding
whether to approve it or not.
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6. Assembly Bill 32:
Global Warming
Solutions Act (2006)
Reduce statewide levels of
greenhouse gas emissions
to
1990 levels by 2020
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7. Senate Bill B
375, The Sustainable “In order to reach
Communities and California’s greenhouse
Climate Protection
Act of 2008 gas goals we must
rethink how we design
our communities”
(From Governor Schwarzenegger’s Office
Fact Sheet on SB 375)
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8. 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, conse
rvation, open-space, noise, and
safety
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9. Seven Mandatory
Elements
• The land use element
Land use designates the general
Circulation
Housing
location and intensity of
Conservation housing, business, industry, o
Open-space pen space, education, public
Noise
Safety
buildings and grounds, waste
disposal facilities, and other
land uses.
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10. Seven Mandatory
Elements
• The circulation element
Land use identifies the general location
Circulation
Housing
and extent of existing and
Conservation proposed roads, public
Open-space utilities and facilities. It must
Noise
Safety
be correlated with the land
use element.
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11. Seven Mandatory
Elements
• The housing element is a
Land use comprehensive assessment of
Circulation
Housing
current and projected housing
Conservation needs for all economic
Open-space segments of the community
Noise
Safety
and region.
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12. Seven Mandatory
Elements
• The conservation element
Land use addresses the
Circulation
Housing
conservation, development, a
Conservation nd use of natural resources
Open-space including
Noise
Safety
water, forests, soils, rivers, an
d mineral deposits.
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13. Seven Mandatory
Elements
• The open-space element
Land use details plans and measures for
Circulation
Housing
preserving open-space for
Conservation natural resources, and the
Open-space identification of agricultural
Noise
Safety
land.
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14. Seven Mandatory
Elements
• The noise element identifies
Land use and appraises noise problems
Circulation
Housing
within the community and
Conservation forms the basis for
Open-space distributing new noise-
Noise
Safety
sensitive land uses.
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15. Seven Mandatory
Elements
• The safety element
Land use establishes policies and
Circulation
Housing
programs to protect the
Conservation community from risks
Open-space associated with
Noise
Safety
seismic, geologic, flood, and
wildfire hazards.
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16. Santa Clara County
General Plan Update
• Santa Clara will be one of the
New Health Element
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.
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17. 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. 17
Copyright ©2011 Navigant Consulting, Inc.

18. The State
Subdivision Map Act • In general, land cannot be
(commencing with divided in California without
Government Code
local government approval.
Section 66410)
Subdivisions
• 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.). 18

19. 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.
19

20. • A zoning ordinance is the local
Zoning 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. 20

21. 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).
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22. Another look at the land use decisions
Environmental
Review
Planning
Significant Environmental
Dept.
Impact Report
Project (Versions)
Law suits
Design and
Review Hearings
Planning
Public
Review Commission
Public
Review
Next Hurdle
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23. 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 suc h 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, Califo rnia) 1996, 301 pp. The CEQA
Guidelines describe the requirements for evaluating environmental impacts. Out of Print, check in the government documents se ction 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, Sac ramento, California), 1989.
An easy to read explanation of the state's open meeting laws and the responsibilities of local government with regard to publ ic 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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24. THANK YOU
David Roemer
San Jose State University
Urban and Regional Planning
der_gis@earthlink.net