Environmental Engineering Reference
In-Depth Information
General plans include development goals and policies and lay the foundation for
land use decisions made by planning commissions, city councils, or boards of super-
visors. General plans must contain text sections and maps or diagrams illustrating
the general distribution of land uses, circulation systems, open space, environmental
hazard areas, and other policy statements that can be illustrated. The Government
Code specifies that general plans must contain seven mandatory elements or com-
ponents: circulation, conservation, housing, land use, noise, open-space, and safety.
Local governments may also voluntarily adopt other elements addressing topics
of local interest. Cities and counties could adopt an optional water element in
their general plans, but few have done so. Instead, water has most often been par-
tially addressed in either the mandatory conservation element or in optional natural
resources or public facilities elements. Water is frequently addressed only in terms
of water supply and/or water conservation.
California law establishes zoning as a regulatory mechanism to implement general
plans. Zoning is adopted by ordinances and must be consistent with general plans.
Under a zoning ordinance, development is required to comply on a lot-by-lot basis
with specific enforceable standards. Zoning ordinances specify categories of land
use and associated standards such as minimum lot size, maximum building heights,
and minimum building setbacks. Zoning ordinances can include overlay zones that
provide additional standards for specified areas such as historic districts, wetlands,
and other areas deemed to require extra protection.
Traditional zoning is often referred to as Euclidian zoning after the United States
Supreme Court decision that affirmed the legality of zoning to separate land uses.
Separation of uses became widespread as zoning gained popularity. LID is not
specifically addressed in traditional zoning, but some of the standards included in
specific zones can provide significant barriers to implementations of LID practices.
Currently, the planning profession and many communities are experimenting with a
different approach to zoning that provides more flexibility regarding building areas
within particular zones combined with more stringent regulation of design elements
such as architecture, landscaping, and pedestrian-friendly circulation systems. This
form of zoning can help to implement smart growth, as was made possible by the
approval in 2004 of Assembly Bill 1268, which allowed the use of form-based
codes in the state. Form-based codes provide the flexibility to address LID and, in
fact, invite the inclusion of detailed LID design elements [7-9].
California Water Law
Watson also described how LID was related to water quality regulations in
California;
[T]he use of LID measures in California is driven by water quality regulations
and promoted by the Ocean Protection Council. The State Water Board's formal
adoption of its Strategic Plan Update 2008-2012 restates the Board's vision of “a
sustainable California made possible by clean water and water availability for both
human use and resource protection.” The update contains a sustainability princi-
ple and value that states, “we commit to enhancing and encouraging sustainability
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