A general plan is a city’s comprehensive master plan that outlines its short- and long- term goals for development, growth, and sustainability. The plan puts forth both broad and specific guidelines that dictate, implement, and regulate land use policy and zoning laws.
Section 65300 of Government Code describes a general plan as: A long term plan that comprehensively addresses the needs of the city, county, or neighborhood including where certain type of structures can and cannot be built. The plan aims to organize the city planning based on the goals of the city.
Each city has the right to create a general plan that meets its unique circumstances. Cities generally use comprehensive zoning when devising a general plan.
Types of Zoning
Comprehensive zoning is a broad zoning plan for a large area.
Partial zoning refers to zoning around a single area while the remainder of the area is left separate. As partial zoning contradicts the idea of comprehensive zoning, it is generally considered invalid.
Spot zoning refers to when a single property is subject to different zoning restrictions than the surrounding properties. It is used to the benefit of the spot-zoned property owner while being detrimental to neighboring owners. For this reason, many jurisdictions have outlawed spot zoning.
General Plan and Zoning
Each city has its own general plan. The city’s general plan is the constitution for the city’s development. It is a comprehensive plan of acceptable land use for short and long term development of a community. The Government Code requires that a city’s general plan include provisions related to:
Land use and population density
Housing for various income levels
Public safety from fire, earthquakes, landslides, mudslides
Public Transportation
Natural Resource Conservation
Noise problems, including drilling, factories, natural land
Trash Disposal
Government plans may divert areas designated for the purpose of preserving historic landmarks, buildings, and destinations.
Developed counties with enough traffic may plan for a future local airport by designating enough land for the purpose of building or expanding airport terminals, landing strips, and air traffic controller offices. Plans must be in line with the state’s general plan unless the county is exempted for specific purposes.
Every city and county must pass legislation for a long term general plan intended for the future development and planning of the city or county. The general plan is a master plan for future development regarding the infrastructure of a local area It divides specific areas for multiple purposes including, but not limited to, the development of roads, bridges, freeways, city hall, division of neighborhoods, division of residential and commercial real estate, public transportation, and the formation of landmarks and post offices.
The master plan will take into consideration current economic levels, projected economic levels, and the state’s goals based partially on the growth of the economy.
Form Based Planning
Assembly Bill 1268 was passed with the intent of bringing together specialists from multiple departments within the city planning office for the purpose of forming a better general plan. Traditionally, the different departments in the city planning office would independently make recommendations, irrespective of what other departments recommended. The new law passed in July 2004, takes into consideration the recommendations of various urban planning departments. This is known as form-based planning. Its purpose is to take into account various fields of urban planning, combining different department’s opinions to create a more effective plan.
Specific Plan
Once a general plan has been adopted, a specific plan can be created. A specific plan uses the premises set forth in the general plan to make effective planning measures. The specific plan will use the economy, projected growth in the economy, the current population, projected population growth, environmental factors, and other factors in legislating the specific plan. The planning of streets, electrical wiring, sewage systems, building construction requirements and other requirements are set forth in the specific plan.
Zoning
Zoning is the division of a city into zones with each zone being designated for a specific purpose. Zoning laws are used as the primary tool in implementing the state’s general plan. Zoning laws set forth land and building requirements and the division of residential and commercial real estate. Zoning is also used as the primary method to control the city’s development.
The state’s constitution authorizes the use of zoning laws to regulate land use. Zoning laws can be amended in certain instances; however, the policies must adhere to long-term
goals of the general plan. In instances of disputes between public citizens and the state, the general plan will take precedence over zoning laws, even if approved by the office of building and safety.
Adopting a General Plan
The process of adopting a general plan can be found in the prescribed government code. Most cities typically require the planning commission to review proposed plans and amendments and hold a public hearing. The planning commission will hold a vote to determine whether to implement the proposed changes, alterations, or amendments to the general plan. In order for proposed plans to be accepted, the majority of the planning commissioners must vote in favor of the plan.
Case Law As It Relates to General Plan
Case Review: Southern Burlington NAACP v. Township of Mount Laurel (1975)
The case, Southern Burlington NAACP v. Township of Mount Laurel (1975) 67 N.J. 151., involved a dispute regarding a restrictive zoning requirement.
A town (Mount Laurel) had restrictive zoning measures, including building size requirement and minimum lot square footage. The town claimed these restrictive measures were created to promote the ecological health of the town. A civil rights organization (Southern Burlington NAACP) alleged that it was impossible for poor income households to adhere to such restrictive requirements and thus, they were being denied access to living in the town. They sued the city.
The case was taken to the New Jersey Supreme Court. The Supreme Court ruled in favor of the NAACP, indicating that ecological or environmental reasons was not a valid reason to limit single family housing.
