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An Overview by Bruce Smith, AICP Planning Division (654-2497)

The document provides an overview of Ventura County's general plan, development process, and procedures under the California Environmental Quality Act (CEQA). It summarizes that the county general plan must include seven mandatory elements and guide land use and development decisions. It also outlines the county's development review process and CEQA procedures, which require environmental review and public participation for proposed projects.

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0% found this document useful (0 votes)
105 views35 pages

An Overview by Bruce Smith, AICP Planning Division (654-2497)

The document provides an overview of Ventura County's general plan, development process, and procedures under the California Environmental Quality Act (CEQA). It summarizes that the county general plan must include seven mandatory elements and guide land use and development decisions. It also outlines the county's development review process and CEQA procedures, which require environmental review and public participation for proposed projects.

Uploaded by

zingerz
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Ventura County

General Plan,
Development Process
and CEQA
An Overview
by
Bruce Smith, AICP
Planning Division
(654-2497)
bruce.smith@ventura.org
Topics to Be Covered
► GeneralPlan Law
► County General Plan

► Development Law
► County Development Process

► CEQA Law
► County CEQA Procedures
General Plans
Planning Agency shall prepare and
legislative body shall adopt a
com prehensive, long-term general plan
for the physical development of the county
or city (Government Code Sec. 65300).
General Plans
The following must be consistent with the General
Plan:
 Zoning Ordinance (Sec. 65860)
 Specific Plans (Sec. 65454)
 Subdivisions of land (Sec. 66473.5)
 Public Works Facilities (Sec. 65401) – Special District may overrule if
allowed by State law.
 Public acquisition or disposition of real property (Sec.
65402(a))
Federal, State and other cities/counties are
exempt from other jurisdictions’ general plan
(except LCP).
General Plans
► General Plan and elements and parts
thereof must be integrated, internally
consistent and compatible statement
of policies for the adopting agency (Sec.
65300.5).
► Statement of development policies and
diagrams and text setting forth
objectives, principles, standards, and
plan proposals (Sec. 65302)
General Plans
Seven mandatory “elements” (Sec. 65302):
 Land use
 Circulation
 Housing
 Conservation
 Open Space
 Noise
 Safety
General Plan Format
Any format deemed appropriate or
convenient by the legislative body is allowed
as long as the requirements for each of the
mandatory “elements” are addressed (Sec.
65301).
Ventura County General Plan
(http://www.ventura.org/rma/planning/plans/plans.htm)

► Goals, Policies and ► Area Plans:


Programs (Countywide):  Ahmanson Ranch
 Resources Appendix  Coastal
 Hazards Appendix  El Rio/Del Norte
 Land Use Appendix  Lk. Sherwood/Hidden V.
 Public Facilities and Services  N. Ventura Avenue
Appendix  Oak Park
 Ojai Valley
 Piru
 Saticoy
 Thousand Oaks
Ventura County General Plan
► Goals – ultimate purpose, general
statements (plan principles and objectives).
► Policies – guide day-to-day actions
(standards) to carry out goals.
► Programs – coordinated set of future
actions (plan proposals) to carry out goals.
Ventura County General Plan
► Planning Horizon – 2020

► Interpretations– Planning Director, with


right of appeal to Planning Commission and
Board of Supervisors.
Ventura County General Plan
Resources Chapter/Appendix
► Sections:
 Air Quality  Paleontological and
 Water Resources Cultural Resources
 Mineral Resources  Energy Resources
 Biological Resources  Coastal Beaches and
 Farmland Resources Sand Dunes
 Scenic Resources
Ventura County General Plan
Resources Chapter/Appendix
Ventura County General Plan
Hazards Chapter/Appendix
► Sections:
 Fault Rupture  Inundation from Dam
 Ground Shaking Failure
 Liquefaction  Coastal Wave and
 Seiche Beach Erosion Hazards
 Tsunami  Fire Hazards
 Landslides/Mudslides  Transportation Related
Hazards
 Expansive Soils
 Noise
 Subsidence
 Civil Disturbance
 Flood Hazards
Ventura County General Plan
Hazards Chapter/Appendix
Ventura County General Plan
Land Use Chapter/Appendix
►General Land Use Map:
 Urban (cities and unincorporated communities)
 Existing Community (pre-existing residential,
commercial and industrial)
 Rural (>2 acres min.)
 Open Space (>10 acres min.)
 Agricultural (>40 acres min.)
 State/Federal Facility
Ventura County General Plan
Land Use Chapter/Appendix
Ventura County General Plan -
Area Plans
Ventura County General Plan
Land Use Chapter/Appendix
► Zoning Compatibility Matrix.
► Residential Building Intensity Standards &
Population Density Range.
► Population, Dwelling Unit and Employment
Forecasts.
► Spheres of Influence/Guidelines for Orderly
Development.
► SOAR Ordinance.
Ventura County General Plan
Areas of Interest &
Spheres of Influence
Ventura County General Plan
Public Facilities & Services
Chapter/Appendix
► Sections:
 Transportation/  Law Enforcement and
Circulation Emergency Services
 Water Supply Facilities  Fire Protection
 Waste Treatment and  Education and Library
Disposal Facilities Facilities and Services
 Public Utilities  Parks and Recreation
 Flood Control and  Other Public Buildings
Drainage Facilities and Grounds
Ventura County General Plan
Public Facilities & Services
Chapter/Appendix
Development Laws
► Subdivision Map Act ► Fees, Exactions,
► Specific Plans Dedications, Conditions
► Zoning Regulations: ► School Facilities Fees
 Equal Protection/Treatment ► Public notices/hearings
 Open Space zoning ► Growth Limitations
 Density Bonus
► Landscape water
 Variances
conservation and recycling
 Residential Development
► Interagency referrals
 Second DUs
► Development Agreements ► Consistency w/General
Plan
► Permit Streamlining Act
County Development Process
California Environmental Quality Act
(CEQA)

► Public Resources Code (Sects. 21000-21178)

► California Code of Regulations (Sects. 15000-


15387) – CEQA Guidelines
CEQA
Objectives of CEQA:
 Disclose environmental impacts to decision
makers and public.
 Identify and prevent/mitigate environmental
damage.
 Disclose agency decision-making.
 Enhance public participation.
 Foster intergovernmental coordination.
CEQA
CEQA Objectives: Procedural Requirements:
Disclose environmental impacts: •Initial Studies
•Negative Declarations (ND)
•Environmental Impact Reports (EIR)

Identify and Prevent Damage: •Mitigation Measures


•Alternatives
•Mitigation Monitoring

Disclose decision-making: •Findings


•Statements of overriding considerations

Enhance public participation: •Scoping of EIRs


•Public notice requirements
•Response to comments
•Legal enforcement procedures

Foster intergovernmental coordination: •Early consultation


•Scoping meetings
•Notices of preparation
•State Clearinghouse review
CEQA Processing Steps
1. Defining the “Project” 7. Decision on project,
2. Screening of Project findings, & mitigation
3. Initial Study monitoring.
4. Preparation of ND, 8. Notice of
MND or EIR. Determination.
5. Public review and 9. Statute of limitations/
comment. court actions.
6. Response to
comments and
finalize document.
CEQA
Definition of “Project”:
 Activity of a public agency, a person supported
by a public agency, or permit/entitlement issued
by public agency.
 Potential for direct or indirect physical change
to the environment.
 “Whole of the action”, which includes all:
►Multiple, related actions/permits (discretionary and
ministerial)
►multiple approving agencies
CEQA
Screening of Projects for CEQA:
Possible Determinations: Outcome/Document:
Outside of definition of Project: Outside of CEQA

No possibility of impact: Outside of CEQA

Statutory Exemption: Notice of Exemption

Categorical Exemption: Notice of Exemption

Project covered by previous ND, MND or Finding of No Additional Impacts or


EIR: Addendum or Supplemental ND, MND or
EIR

Initial Study: ND, MND or EIR


CEQA
Exceptions to Categorical Exemptions:
 Significant impact because of unusual
circumstances.
 Significant cumulative impacts.
 Federal, state or local mapped resource or
hazard (Class 3, 4, 5, 6 & 11).
 Scenic highways.
 Hazardous Waste Sites listed by Cal EPA.
 Significant historic resources.
CEQA
Initial Studies (Information to justify an ND, MND or EIR, and focus
:
MNDs and EIRs on significant impacts and feasible mitigation measures)
 Project Description.
 Environmental Setting (normally at project application).
 Impacts (direct & indirect, on-site & offsite, construction &
operational, and intermittent & ongoing, project & cumulative, economic
vs. physical).
 Feasible Mitigation Measures (avoid, minimize, rectify,
reduce or eliminate, compensate).
 Mandatory Findings (level of impact after mitigation).
 Determination of ND, MND, or EIR.
CEQA – Initial Studies (cont.)
 Substantial Evidence (facts, reasonable
assumptions based on facts, expert opinion based on
facts).

 Tiering (Incorporation by Reference).


 Thresholds of Significance (consistency,
efficiency, disclosure to applicants/public, encourages
mitigation, justification in court).
County CEQA Procedures
► Administrative Supplement to CEQA (2010):
(same topics as General Plan).
 http://www.ventura.org/rma/planning/pdf/ordin
ances/ceqa/ceqa_adminsupp_text.pdf
► Initial Study Assessment Guidelines (2010):
(incorporates the General Plan goals and policies for each
topical issue).
 http://www.ventura.org/rma/planning/pdf/ordin
anes_regs/Initial_Study_Assessment_Guidelines
2_06.pdf
County CEQA Procedures
County Entity: Responsibilities:
Agencies/Departments: CEQA compliance for projects under their authority.
Update Initial Study Assessment Guidelines (ISAG) for
assigned topics.
Provide technical support to other agencies/departments on
assigned topics.

Planning Division: Coordinates County review of outside env. docs.


Advise other agencies/departments on CEQA.
Staff support to EQAC.

Environmental Quality Advisory Recommends to Board on changes to Admin. Supplement.


Approves internal procedures of ERRC and agencies.
Committee (EQAC): Approves changes to ISAG for unassigned topics.

Board of Supervisors: Hear appeals of ERRC determinations on type of env. doc.


Hear appeals of certification/determination of final env. doc.
(EIRs, NDs).
Approve changes to Admin. Supplement

Clerk of the Board: Posting of Notices of Exemption, Preparation and


Determination.
County General Plan & CEQA Nexus
Policies with no overriding considerations:
 1.3.2-4 Water Resources - watersheds, recharge areas, groundwater
basins
 1.4.2-8 Access to Mineral Resource - Mineral Resource Protection
Overlay Zone
 1.5.2-3 Significant Wetlands - Agricultural, Open Space and Rural
designations
 1.7.2-2 Scenic Resources - Scenic Resource Protection Overlay
Zone
 1.10.2-1 Coastal Beaches and Sand Dunes
 2.2.2-1 Earthquake Fault Hazard Zones
 2.7.2-1 Landslide/Mudslide Hazard Areas
 2.12.2-2 Coastal Beach Erosion
 2.16.2-2 Noise
 4.2.2-5 Traffic Level of Service
 4.2.2-10 Impact on airports

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