Every city and county is required by state law to have a General Plan, and those General Plans must be updated periodically. Updates include, among other “elements,” conforming plans to state laws put into place, revisions due to changes in technology or scientific understanding like the effects of climate change, updating public safety protocols, recreation, and land use. Of these, land use is among the most important.
The Land Use element in a General Plan provides the legal framework for how parcels of land can be used and to what degree of intensity. Land uses are broadly divided into types, ie: Housing, Commercial, Mixed Use (housing and commercial combined), Agricultural, Public, and Recreational. These types of uses are then further refined into sub-categories. Housing, for example, is subdivided into low-density, medium density, high-density, etc.
The specific regulations covering each land use are detailed within a Development Code which provides quantitative, objective standards that must be applied in the consideration of any land use application. The use of objective standards has been mandated by state law, and local decisions about land use that used to be considered in the light of qualitative evaluations like neighborhood compatibility, historical context, and community character are no longer considered valid criteria, ie: too subjective. Overall, state law has progressively removed the degree to which a jurisdiction can regulate land use, particularly for housing.
Despite the name “General Plan,” portions of such plans are anything but general. When it comes to land uses, General Plans are akin to land use constitutions, and courts rely on General Plan Land Use language to determine the legal validity of claims that come before them. Words matter, and never more so than in Land Use law.
Land Use law regulates the use of private property, and while restrictions and regulations may be put in place, private property owners want to protect their property rights, including the right to develop their property. Government cannot enact laws that inordinately or improperly deprive a property owner of the value of their property, what is called a “taking.”
When a General Plan is updated, ensuring there is enough land zoned for housing is necessary to meet state housing targets; what are called Regional Housing Need Allocations (RHNA) must be accommodated. Parcels designated for housing can be rezoned to higher densities, but it is now difficult to rezone to lower densities. Agricultural parcels can be rezoned for housing, and Commercial parcels rezoned for housing as well. Growth limiting regulations like Urban Growth Boundaries are still permitted, but providing enough land for projected housing needs is mandatory.
The City’s General Plan update process is about midway through, and consideration of the Land Use Element is now before the community. This is a public process, with hearings before the Planning Commission and ultimate approval by the City Council. Changes to Land Use will affect specific neighborhoods and the entire city, and now is the opportunity for members of the community to weigh in.
Change is inevitable, but it can reflect the desires and will of the public only if the public gets involved. If you care, now’s the time to make your voice heard. The updated General Plan will govern development for the next twenty or more years. The time you spend now will help determine the city’s future for the next generations.
Sonoma Valley Sun Editorial Board
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