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Planning 101 PresentationUntitled.pptxPlanning 101 David See Principal Planner Good evening Chair Pro Temp Keys and members of the Planning Commission. My name is David See and tonight I’ll be presenting an overview of the Planning Services Division in the Planning Department. At the conclusion of my presentation, Scott Koehm will show a presentation on how Planning Department staff processes development applications in preparation for Planning Commission public hearings. 1 Core Services Planning Services Building and Safety Community Preservation/Licensing 2 Building Division Code Enforcement Current & Advanced Planning Business License Planning Information Team The Planning and Building Department has 3 core divisions that provide support to the residents and businesses of Anaheim. The 3 divisions are: Planning Services Building and Safety Community Preservation (aka Code Enforcement/ Licensing) Building and Safety Building Official – Terry Alford Ensures high standards of safety and service by reviewing plans, conducting inspections, and issuing permits for construction of, and improvements to, residential, commercial, and industrial structures. Community Preservation and Licensing: Community Preservation Manager – Sandra Sagert Promotes and implements standards to preserve and enhance the quality of life and public safety in Anaheim by investigating and resolving code violations, removing graffiti and administering the City’s Business License program. They also manage: Animal Control Graffiti Removal Focus today: Planning Services Division Provides information and assistance to those developing property in Anaheim and to businesses locating or expanding in the City Supports the Planning Commission Processes discretionary, administrative, and regulatory applications Maintains and implements the City’s General Plan and Zoning Code Participates in regional planning activities Facilitates the growth and expansion of businesses and Administers the City’s historic preservation programs 2 Advanced Planning/Special Projects PLANNING information Current planning Planning Services Division Advanced Planning and Special Projects team Managed by Susan Kim Planning Information team Managed by Irma Huitron Current Planning team Managed by Myself 3 General Plan and Zoning Code Regional Planning (SCAG and OCCOG) Development Projections (RHNA) CEQA Reviews (Internal and External) Flood Zone Administration Demographics Advanced Planning/Special Projects The Advanced Planning team oversees the management and implementation of: General Plan and Zoning Code Regional Planning (SCAG and OCCOG) Development Projections (RHNA) CEQA Reviews (Internal and External) Flood Zone Administration Demographics I’ll discuss each of these areas in the following slides. 4 Land Use Regulations General Plan City’s Master Plan for development Policy Statements – Text and Map Required by State Law Updated every 20 years Specific Plans Set of permitted land uses and development standards that apply to a specific geographic area (eg. Resort Area) Zoning Code Ordinance that implements General Plan policies Development Standards – Setbacks, Signs, and Parking General Plan: establishes the City’s future development plans through a series of policy statements in text and map form; basis for local land use decisions; required by State Law; updated every 20 years (next update – 2024); required Elements – Land Use, Housing, Circulation, Conservation, Open Space, Noise, Safety, Air Quality, and Environmental Justice. Specific Plans: special set of permitted land uses and development standards that apply to a particular geographic area (12 in the City) Zoning Code: last chapter in the City’s Municipal Code that implements, and is consistent with, General Plan policies. The Zoning Code contains development standards that all projects must adhere to, this includes standards such as building and landscaping setbacks, sign size and location, and the minimum amount of parking that must be provided. 5 Regional Planning SCAG Joint Powers Authority to address regional issues Encompasses six counties, 191 cities, and covers 38,000 sq. miles Develops regional transportation plans, growth forecasts and regional housing needs assessments, and air quality management plans OCCOG Orange County’s sub-regional planning organization Coordinate common governmental responsibilities RHNA Mandated by State Housing Law Used by cities in land use planning, prioritizing resource allocation, and deciding how to address future housing needs SCAG (So. Cal Assoc. of Govts) - is a Joint Powers Authority under California state law, established as an association of local governments that voluntarily convene as a forum to address regional issues. The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) and 191 cities in an area covering more than 38,000 square miles. The agency develops long-range regional transportation plans, growth forecast components, regional housing needs assessments, and a portion of the South Coast Air Quality management plans. OCCOG - The Orange County Council of Governments serves as Orange County’s sub-regional planning organization.  In partnership with SCAG, OCCOG leads the development of Orange County’s required planning documents so the county can compete for state and federal funding. OCCOG is a voluntary joint-powers agency that conducts studies and projects designed to improve and coordinate common governmental responsibilities across the county. RHNA - The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law to update local Housing Elements of the General Plan. RHNA quantifies the need for housing within each jurisdiction during specified planning periods. Cities use the RHNA in land use planning, prioritizing local resource allocation, and in deciding how to address identified existing and future housing needs resulting from population, employment and household growth. 6 NEPA and CEQA NEPA Signed into law in 1970 Fundamental shift toward a more environmentally balanced approach CEQA Adopted in California in 1970 Inform government decision makers and the public about the potential significant environmental impacts of proposed developments Identify ways that environmental impacts can be avoided or significantly reduced Prevent significant avoidable damage to the environment by requiring changes in the project through the use of alternatives and mitigation Disclose to the public the reason that an agency approved a project including all of its environmental impacts In terms of environmental review, it all started when the National Environmental Policy Act (NEPA) was signed into law by President Richard M. Nixon in 1970. This law represented a fundamental shift in United States federal government policy from a primary focus on economic development toward a more environmentally balanced approach, and it set the foundation of environmental regulation. Primarily, the law established policy that required federal government agencies to consider the environmental effects of their decision making. For the purpose of this presentation, in essence, NEPA set the foundation for CEQA. The California Environmental Quality Act (CEQA) was passed and adopted by the California Legislature and Governor Ronald Reagan in 1970, shortly after NEPA.  The purpose of CEQA is to - inform government decision makers and the public about the potential significant environmental impacts of proposed developments; identify ways that environmental impacts can be avoided or significantly reduced; prevent significant avoidable damage to the environment by requiring changes in the project through the use of alternatives and mitigation; and disclose to the public the reason that an agency approved a project including all of its environmental impacts. Discretionary projects (CEQA) Tentative Tract or Parcel Maps General Plan Amendments Conditional Use Permits and Variances Ministerial projects (no CEQA) Demolition permits Building permits Discretionary vs. Ministerial Projects Two CEQA categories: Discretionary projects require a public hearing before decision making bodies such as the Planning Commission or City Council. Three typical land use approvals, or entitlements, that require a discretionary review are: Tentative tract or parcel maps General Plan Amendments Conditional use permits and variances Ministerial projects do not require a CEQA review, such projects would include: Demolition permits Building permits like adding a second story to your single family home Levels of CEQA Review Discretionary Projects Statutory or Categorical Exemption Negative Declaration or Mitigated Negative Declaration Environmental Impact Report (EIR) Discretionary Projects that require a public hearing would include the following: Statutory or Categorical Exemption (Statutory – automatically exempted by State Law, such as family day care homes or certain affordable housing projects) Negative Declaration or Mitigated Negative Declaration Environmental Impact Report (EIR) Categorical Exemptions Existing Facilities Reconstruction Small Structures Minor Alterations to Land or Land Use Actions by regulatory agencies for natural resources protection or protection of the environment Surplus property sales Land acquisition for wildlife conservation Minor additions to schools Minor land divisions Transfer of ownership for parks Total of 33 categories (Classes) outlined in CEQA Guidelines Categorical Exemptions Total of 33 categories Examples shown on screen Simpler review process Accounts for a majority of our Planning cases Initial Study Purpose Include a project description To decide between a Negative Declaration, Mitigated Negative Declaration, or EIR Refine issues to be addressed in an EIR Once initial study is complete, a Negative Declaration or Mitigated Negative Declaration can be prepared if there is no substantial evidence of adverse effects on the environment If such findings cannot be made, then an EIR must be prepared Initial Study Is a checklist prepared by Planning staff or an on-call environmental consultant. The checklist contains an analysis on specific categories to determine if a project would have an adverse affect on the environment. Purpose Include a detailed project description Conclude whether a Negative Declaration, Mitigated Negative Declaration, or EIR would be needed for a project And to refine issues to be addressed in an EIR Once initial study is complete, a Negative Declaration or Mitigated Negative Declaration can be prepared if there is no substantial evidence of adverse effects on the environment If such findings cannot be made, then an EIR must be prepared PLANNING INFORMATION Public Counter Review Administrative Applications Conduct over the counter plan checks Review Business License applications for Zoning compliance Answer Planning and Zoning questions from homeowners, business owners, realtors and developers Planning Information Team Public Counter Review Administrative Applications (ie. telecom, entertainment permits, zoning letters) Conduct Over the Counter Plan Checks Review Business License Applications for Zoning Compliance Answer Planning and Zoning Questions from Homeowners, Business Owners, Realtors and Developers 12 Historic Preservation Manage Mills Act Program Consult with potential applicants Review Mills Act application requests Monitor on-going Mills Act contract compliance Manage on-call preservation consultant Collaborate with Historic Preservation Committee Attend bi-monthly meetings Report on on-going preservation activities Collaborate on annual compliance review Encourage Preservation Efforts Publicize Mills Act Program (mailers, video series) Review remodel plans for Historic/Contributor properties Historic Preservation Manage Mills Act Program Consult with potential applicants Review Mills Act application requests Monitor on-going Mills Act contract compliance Manage on-call preservation consultant Collaborate with Historic Preservation Committee Attend bi-monthly meetings Report on on-going preservation activities Collaborate on annual compliance review Encourage Preservation Efforts Publicize Mills Act Program (mailers, video series) Review remodel plans for Historic/Contributor properties 13 Business Assistance The City’s Business Assistance Program offers personalized assistance to any business processing plans for new construction, expansion or tenant improvements The City’s business concierge services are focused on: Reducing compliance time Reducing cost and increasing certainty Building partnerships Business Assistance Program (BAP) – two full time staff (Mary and Eibet) The City’s business concierge services are focused on: Reducing compliance time Reducing cost and increasing certainty for projects Building partnerships with applicants and development teams The City’s Business Assistance Program offers personalized assistance to any business processing plans for new construction, expansion or tenant improvements. 14 Planning Commission/ City Council Reviews of: Conditional Use Permits Variances Subdivisions General Plan Amendment Rezonings Planning Commission Coordination Commission Meets Bi-Weekly (approximately 85 applications per year) Manage approved projects through construction Current Planning Current Planning is primarily responsible for: Planning Commission/City Council Reviews of: Conditional Use Permits Variances Subdivisions General Plan Amendments Rezonings CP team coordinates bi-weekly Planning Commission meetings Over the last five years, Planning staff has processed an average number of 85 applications per year Project managers manage approved projects through final construction 15 Development Review General Plan and Zoning Compliance Permitted or Not Permitted? Discretionary vs. “By Right” Uses Compliance with Zoning Standards Parking Setbacks Building Height Landscaping and Open Space Architectural and Design Review General Plan policies Design Guidelines Development Review General Plan and Zoning Compliance Permitted or Not Permitted? Discretionary vs. “By Right” Uses Compliance with Zoning Standards Parking Setbacks Building Height Landscaping and Open Space Architectural and Design Review General Plan policies, primarily from the Land Use and Community Design Elements Design Guidelines 16 Discretionary vs. “By-Right” If use is allowed by-right, then a business license and any associated plans are reviewed over the counter or through a short plan check process If use is not allowed by-right, then it is considered discretionary, which means it is subject to review and approval by the Planning Commission or City Council Discretionary vs. By Right If use is allowed by-right, then a business license and any associated plans are reviewed are reviewed over the counter or through a short plan check process. If use is not allowed by-right, then it is considered discretionary, which means it is subject to review and approval by the Planning Commission or City Council. 17 Application and Public Hearing Stages Application Phase: Application and plans are reviewed over a 30-day period and determined to be “complete” or “incomplete” (per Permit Streamlining Act) Public Hearing Phase Typically takes five weeks to get to a hearing once an application is deemed “complete” and is ready to take to the Planning Commission. Current Planning staff processes discretionary cases Application Phase: Application and plans are reviewed over a 30-day period and determined to be “complete” or “incomplete” (per Permit Streamlining Act) Applicant’s decision at this point depends upon their level of surety or commitment to a certain land use alternative Public Hearing Phase Typically takes five weeks to get to hearing once an application is deemed “complete” and is ready to take to the Planning Commission During this period: Public hearing notices are prepared and sent Conditions of approval are finalized Draft resolutions/ordinances are created Staff report and PowerPoint presentations are completed This is just a quick overview of the two Application phases. Following this presentation, Scott Koehm will be showing the commission a separate presentation which goes into more detail on this two phase process. 18 Planning Commission Seven member body appointed by City Council Responsible for reviewing discretionary land use applications Applications are considered at noticed public hearings held every other Monday at 5:00 p.m. In most cases, the Planning Commission’s decision is the final action taken Exceptions: General Plan Amendments, Specific Plan Amendments, and Development Agreements which require City Council Action Decisions are subject to 10-day appeal Planning Commission Seven member body appointed by City Council Responsible for reviewing discretionary land use applications Applications are considered at noticed public hearings held every other Monday at 5:00 p.m. In most cases, the Planning Commission’s decision is the final action taken Exceptions: legislative acts such as General Plan Amendments, Specific Plan Amendments, and Development Agreements which require City Council Action Decisions are subject to 10-day appeal, in which case an appealed project would be considered by the City Council at a subsequest public hearing 19 Upcoming Study Sessions Anaheim Resort Mobility Plan Affordable Housing/Density Bonus Group Homes Public Works 101 Economic Development Upcoming Planning Commission Study Sessions will include: Anaheim Resort Mobility Plan – as presented by the Traffic Division in the Public Works Department on Oct. 14 Affordable Housing / Density Bonus – as presented by the Housing Authority staff in the Community and Economic Development Department Group Homes – as presented by the Advanced Planning team Public Works 101 – as presented by the Public Works Dept. staff to describe the operations for all of the divisions in that department Economic Development – as presented by the Economic Development Manager in the Community and Economic Development Department If the commission wishes to schedule any additional study sessions that are not shown on the screen, then we’ll do our best to accommodate the request. 20 Planning 101 David See Principal Planner Conclusion Turn over to Scott Koehm 21