HomeMy WebLinkAboutItem No. 2- Fundamentals of Land Use BasicsPLANNING COMMISSION
City Attorney’s Office Presentation
Fundamentals of Land Use
February 18, 2025
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The Origins of Land Use
The City of Los Angeles passed the first zoning
law in the United States in 1908, separating
residential and industrial districts.
Before the advent of zoning, a property owner’s
only remedy against an adverse use was to
establish the use was a public nuisance.
Zoning proliferated beginning in the 1920’s.
However, there were holdouts. Houston is a
major US city that does not have true zoning.
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Who Regulates Land Use
Cities are authorized to make land use decisions
in order to protect public health, safety and
welfare (often referred to as “police powers”).
Cal. Const., Art. XI, Section 7.
Almost all development projects in Lake Elsinore
are required to obtain approval from the City.
Decision makers
City Council
Planning Commission
Community Development Director
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Role of Decision Makers
City Council approves the general plan, specific plans, zoning
changes, subdivision maps and development agreements.
The Planning Commission is tasked with approving CUPs, major
design reviews, and variances. Those decisions are subject to
appeal to the City Council
The Commission also makes recommendations to the City Council
concerning the general plan, specific plans, zoning and subdivision
maps.
Community Development Director may approve ADU’s, large family
day care facilities, sign permits, and other administrative permits.
New State laws are shifting process to “administrative” approval by Director for
some affordable housing and small residential developments.
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What owners and developers want:
Entitlements
An entitlement is an approval from a regulatory
body (City) to use and develop land.
A project often requires several approvals
pertaining to land use.
Entitlement process may include:
General Plan Amend. Conditional Use Permit
Specific Plan Amend. Development Agmt.
Zoning Amend. CEQA compliance
Subdivision Map
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The Big Picture: the General Plan
Provides broad vision for future development
Describes goals and policies that serve as basis
of City’s land use laws
Contains 7 mandatory elements:
Land Use, Circulation, Housing, Conservation, Open
Space, Noise, and Public Safety.
Two additional elements required for cities with
disadvantaged communities
Environmental Justice
Air Quality
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The Lake Elsinore General Plan
The current Lake
Elsinore General
Plan was adopted in
2011.
A GP update is in
the works (Lake
Elsinore 2045).
Look for a draft to
come out later this
year.
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Fine tuning the GP: the Specific Plan
A SP is a detailed plan for development of a
specific area.
Tool for creating “master plan” communities
with set development standards (height,
setbacks, uniform architecture, and similar
regulations/standards).
Planned infrastructure.
Lake Elsinore has 22 Specific Plans.
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Specific Plans in Lake Elsinore
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Zoning
Zoning is a local agency power that controls and
directs the development and use of private
property.
Creates “zones” for specific land uses such as
residential, commercial, and industrial.
Zones are often quite specific such as a single
family housing or a “light” industrial zone.
Each zone has specific legal limitations on use,
height, lot size, density, parking, etc.
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Zoning – cont.
Lake Elsinore has 25 zoning designations
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Dividing Land for Development
Land in Lake Elsinore
was subdivided as
early as 1883
The State adopted
the first state-wide
subdivision mapping
regulations in 1893.
The regulations were
plagued with a
patchwork of
amendments until …
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Dividing Land for Development-cont.
In 1974, the Legislature adopted the Subdivision Map
Act to regulate the division of land.
The Subdivision Map Act is the primary permit control for
new development in California – especially residential
development.
Requires a subdivider to design the subdivision in
conformity with applicable general and specific plans and
local ordinances, to construct required public
improvements, and to dedicate land or pay money for
other public uses such as parks and schools.
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Subdivisions – The basic process
In Lake Elsinore, subdivision approval is
usually a two-step process.
First, a “tentative map” is prepared and must
be approved by the Council following a
recommendation by the Commission.
A tentative map gives the subdivider time to work
through various development issues, location of
utilities, dedications of right of way, etc. but not
actual construction other than grading.
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Two step map process – cont.
A final map must be submitted for approval
by the City Council within 2 years (with
potential extensions of up to 6 years).
The final map must “substantially conform” to the tentative map.
The final map usually contains an offer to dedicate the public
improvements to the City or other applicable agencies.
If the public improvements are not ready, the subdivider must
post a completion bond or provide a letter of credit.
The final map is recorded with the County Recorder to create
legal lots shown on the final map.
After recordation of the final map, individual lots can be sold.
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Tentative Maps vs. Parcel Maps
Parcel Maps
Used when the division of property creates 4 or
fewer parcel.
Requirement for public improvements is limited to
ROW, easements and reasonable onsite and off-
site improvements.
Greater flexibility for when improvements must be
completed.
“Tentative” Parcel Maps are not recognized in the
Map Act but are commonly employed by cities.
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Conditional Use Permits
A CUP is a mechanism that allows a city the
ability to permit specific uses not otherwise
allowed, as long as the owner meets certain
conditions.
Residential area require CUPs for agricultural
uses, care facilities, tennis clubs/lodges, etc.
Commercial areas require CUP for car
washes, drive throughs, outdoor sales, etc.
Emphasis on impacts to neighbors and
compatibility with adjacent uses.
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Development Agreements
Cities are authorized to enter into contracts
with developers locking in entitlements for the
duration of the agreement.
Alleviates development uncertainty.
Can benefit cities by providing developers
construct additional public improvements or
pay fees that will be used for community
benefits.
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CEQA – the basics in one slide
CEQA is a state law that requires a city to consider the
environmental effects of certain development projects.
Six step process:
Is the project discretionary (usually, Council or PC approval req.).
Is the discretionary project otherwise exempt (e.g., infill, etc.).
If discretionary and not exempt, prepare an initial study of
potential impacts.
If project has potential impacts, prepare an Environmental Impact
Report (EIR) or Mitigated Negative Declaration (MND).
Certify as complete the EIR or MND.
Approve or disapprove the project.
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Questions?
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