H. LAND USE City of Los Angeles L.A. CEQA Thresholds Guide 2006

Transcription

1 H. LAND USE 2006

2 H.1. LAND USE CONSISTENCY 1. INITIAL STUDY SCREENING PROCESS A. Initial Study Checklist Questions IX.b): IX.c): Would the project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? B. Introduction This section addresses the consistency or compliance of proposed projects with the goals and policies of the General Plan and its elements, including the Framework Element, 35 adopted Community Plans, as well as the Planning and Zoning Code, 1 and any applicable specific plans, interim control ordinances (ICOs), community design overlay districts (CDOs), local coastal plans and redevelopment plans. City and regional utility plans and other adopted plans that contain environmental policies related to the physical environment that are applicable to the project activities and/or site may also be relevant. C. Screening Criteria Is the project inconsistent with the General Plan or its elements, or an applicable specific plan, local coastal plan, redevelopment plan, interim control ordinance or adopted environmental goals or policies? Would the project require a General Plan amendment or zone change? A "yes" response to any of the preceding questions indicates further study in an expanded Initial Study, Negative Declaration, Mitigated Negative Declaration, or EIR may be required. Refer to the 1 Chapter 1 of the Los Angeles Municipal Code (LAMC) Page H.1-1

3 H.1. Land Use Consistency Significance Threshold for Land Use Consistency, and review the associated Methodology to Determine Significance, as appropriate. A "no" response to all of the preceding questions indicates that there would normally be no significant impact on Land Use Consistency from the proposed project. D. Evaluation of Screening Criteria Review the proposed project for consistency with the General Plan and other adopted environmental goals and policies. Potential areas of inconsistency include, but are not limited to: land use type; height, bulk, design or density; waste or wastewater generation; resource consumption or degradation; and other plan policies that relate to the physical environment. Use the most recent Community Plan maps and Zone Information & Map Access System (ZIMAS) to assist in identifying ordinances and plan areas that may pertain to the project site, or consult the Community Planning Bureau of the City Planning Department. As appropriate, evaluate the General Plan and its elements (including the Framework Element), Community Plans, specific plans, ICOs, CDO s, local coastal plans, redevelopment plans, Planning & Zoning Code, utility plans, and resource management plans. Identify and assess the project's consistency with applicable habitat conservation plans or natural community conservation plans. Consider whether policies are mandatory or guidance, and which is the agency with primary jurisdiction. Compare this information to the Screening Criteria. 2. DETERMINATION OF SIGNIFICANCE A. Significance Threshold The determination of significance shall be made on a case-by-case basis, considering the following factors: Whether the proposal is inconsistent with the adopted land use/density designation in the Community Plan, redevelopment plan or specific plan for the site; and Whether the proposal is inconsistent with the General Plan or adopted environmental goals or policies contained in other applicable plans. B. Methodology to Determine Significance Environmental Setting In a description of the environmental setting, include the following information: - Community Plan land use and density designation; 2006 Page H.1-2

4 H.1. Land Use Consistency - Zoning designation and other Planning and Zoning Code land use regulations relevant to the project site; - - Adopted ICOs, specific plan, redevelopment plan, CDO s local coastal plan or provisions of the Coastal Act, if any, applicable to the project site; - Other City land use policies, such as the General Plan and Elements, including the Framework Element, Airport Hazard Zone Regulations, etc., if applicable to the project site; and - Adopted City environmental policies, ordinances and plans, such as the City Solid Waste Management Policy Plan (CiSWMPP), Source Reduction and Recycling Element (SRRE), utility and resource conservation plans or programs, wastewater policies, Clean Air Program (CAP), etc., if any, applicable to the project site. Project Impacts Using the information from the Evaluation of Screening Criteria, evaluate the project for consistency with detailed local standards and requirements as well as with the broader context of the General Plan and its elements, environmental plans and policies, and regional utility/environmental plans. Identify project elements that conflict with the plans or policies and whether the conflict(s) would result in the project being inconsistent with the land use designation and/or environmental goals and policies of the City. Consider whether the project includes a proposed General Plan (land use) amendment and/or zone change, and whether all elements of the inconsistency have been addressed (i.e., density, design, etc.). For conflicts with environmental goals and policies, consider whether the project would interfere with the City's efforts to meet such goals, or be inconsistent with adopted policies. Cumulative Impacts Identify related projects in the vicinity of the proposed project and evaluate them in the same manner as the proposed project to determine if, when viewed together with the proposed project, conformance with the General Plan or other adopted plans or environmental policies would be significantly affected. Consider whether the combination of projects would conflict with the planned land uses and densities in the General Plan, or would interfere with adopted environmental goals and plans. Plans with a broad, regional perspective may be more applicable or useful in evaluating cumulative impacts because the goals and objectives of these plans may be implemented by comprehensive measures taken by government agencies Page H.1-3

5 H.1. Land Use Consistency Sample Mitigation Measures Generally, a project determined to be inconsistent with the General Plan will require, as a condition of approval, a General Plan amendment or zone change to eliminate the inconsistency. This requires a finding that the requested change would not substantially alter the City's goals for the affected community. To mitigate an inconsistency prior to this determination, consider the following: - Modify the project's proposed land uses to be consistent with designated land uses, zoning and/or General Plan and its element(s); or - Relocate proposed structures or reduce the project's density/intensity to reduce conflicts or inconsistencies with the Land Use Element and plans. 3. DATA, RESOURCES, AND REFERENCES The following references are available from the City Planning Department, Community Planning Bureau, 200 N. Spring St., 6 th Floor, Los Angeles, California The Bureau may be reached at (213) : General Plan and its elements, including the Framework Element and the 35 adopted Community Plans; District Zoning maps; ICOs; CDOs; Specific plans; Local coastal plans; and Airport Hazard Zone maps. Planning and Zoning Code, (Chapter 1 of the LAMC) is available from the City Planning Department s Central Publications Unit at 200 N. Spring St., 5 th Floor, Los Angeles, California 90012; Telephone: (213) For further information, call (213) Zone Information & Map Access System (ZIMAS) available online at: Redevelopment plans are available from the Community Redevelopment Agency (CRA) of the City of Los Angeles, 354 South Spring Street, Suite 800, Los Angeles, California 90013; Telephone: (213) City utility plans are available from the following City departments: Department of Water and Power 2006 Page H.1-4

6 H.1. Land Use Consistency - Utility Plans/Power Division 111 North Hope Street, Room 1121 Los Angeles, California Telephone: (213) Urban Water Management Plan Division of Public Affairs Telephone: (213) Department of Public Works Bureau of Sanitation - Wastewater plans Wastewater Engineering Service Division Telephone: (323) Hyperion System Hyperion Treatment Plant Telephone: (310) CiSWMPP and SRRE are available from the Solid Resources Citywide Recycling Division of the Bureau of Sanitation, 433 South Spring Street, 5 th Floor, Los Angeles, California 90013; Telephone: (213) Southern California Association of Governments (SCAG) is the Metropolitan Planning Organization (MPO) for the region and offers resources and assistance. SCAG is located at 818 West Seventh Street, 12th Floor, Los Angeles, California 90017; Telephone: (213) California Department of Fish and Game, South Coast Region, 4949 Viewridge Avenue, San Diego, CA ; Telephone: (858) Page H.1-5

7 H.2. LAND USE COMPATIBILITY 1. INITIAL STUDY SCREENING PROCESS A. Initial Study Checklist Question IX.a): Would the project physically divide an established community? IX.b): Would the project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project including, but not limited to the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? IX.c): Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? B. Introduction This section addresses the potential for projects or programs to create situations of incompatibility between land uses or activities. Such incompatibility may result from environmental impacts associated with the proposed land use. Examples of incompatibility include land uses, which create noise, odor, safety hazards, visual, or other environmental impacts which conflict with surrounding land uses and the activities and conditions typically associated with those land uses. In addition, a project may disrupt the physical arrangement of an established community by introducing new infrastructure or isolating land uses that could interrupt the typical activities or change the land use conditions in a community. C. Screening Criteria Would the project include a land use type that is incompatible with existing or proposed adjacent land uses (due to size, intensity, density or type of use)? Would the project include features such as a highway, aboveground infrastructure, or an easement through an established neighborhood community that could cause a permanent disruption in the physical arrangement of that established community or otherwise isolate an existing land use? 2006 Page H.2-1

8 H.2. Land Use Compatibility Would the project result in a spot zone? A "yes" response to any of the preceding questions indicates further study in an expanded Initial Study, Negative Declaration, Mitigated Negative Declaration, or EIR may be required. Refer to the Significance Threshold for Land Use Compatibility and review the associated Methodology to Determine Significance, as appropriate. A "no" response to all of the preceding questions indicates that there would normally be no significant Land Use Compatibility impact from the proposed project. D. Evaluation of Screening Criteria Review the description of the proposed project, including the proposed land use or activity, and the size, density and intensity of the operation. Noise, odor, signage, safety hazards, traffic or other impacts may indicate an incompatibility with existing adjacent or surrounding land uses or current zoning for those sites, if vacant. Also, consider the types of land uses surrounding the project and the typical activities that occur at these sites, compared to those that would occur at the proposed project. Indicate the presence or lack of buffers between the project and adjacent land uses of other types. Note that a zone change required to implement the project may indicate a potential incompatibility with adjacent existing land uses. Review specific plans for urban design compatibility programs or regulations and their relevance to project design. If the project includes elements such as a highway, aboveground infrastructure or an easement, identify the existing land uses that would be removed or would be adjacent to the new infrastructure. Determine the duration of any disruption of the physical arrangement of an established neighborhood or community. Such impacts may result from a physical separation or the creation of barriers that would disrupt the social or physical interaction between established land uses that comprise a neighborhood or community. A spot zone occurs when the zoning or land use designation for only a portion of a block changes, or a single zone or land use designation becomes surrounded by more or less intensive land uses. Compare this information to the Screening Criteria Page H.2-2

9 H.2. Land Use Compatibility 2. DETERMINATION OF SIGNIFICANCE A. Significance Threshold The determination of significance shall be made on a case-by-case basis, considering the following factors: The extent of the area that would be impacted, the nature and degree of impacts, and the type of land uses within that area; The extent to which existing neighborhoods, communities, or land uses would be disrupted, divided or isolated, and the duration of the disruptions; and The number, degree, and type of secondary impacts to surrounding land uses that could result from implementation of the proposed project. B. Methodology to Determine Significance Environmental Setting In a description of the environmental setting, describe and map, as appropriate, the existing land uses and current zoning of the project site and the properties in the immediate vicinity of the proposed project. Also, identify uses near the site such as schools, libraries and residences which may be particularly sensitive to potential nuisance impacts (e.g., noise, odor, safety hazards) associated with the proposed project. If the proposed project may disrupt or divide an established community, evaluate the existing neighborhoods or communities immediately surrounding the project. Address the type of land uses in the area, and the location of residences, businesses, schools, and other community facilities in relation to the proposed project and supporting residences. Project Impacts A significant land use compatibility impact may be indicated by the presence of one or more significant project impacts, which suggest that the location or intensity of the proposed project could conflict with existing uses. However, the presence of project impacts does not automatically indicate a land use compatibility impact and the effect of these impacts should be evaluated within the primary impact category (e.g., noise, traffic) Page H.2-3

10 H.2. Land Use Compatibility Evaluate the nature, extent and number of secondary impacts to determine the extent of any conflict between the project and existing uses in the area. Consider the type of activities typically expected to occur at land uses adjacent to the project and whether nuisance impacts from the proposed project would conflict with these activities. If the proposed project would add such features as a highway, aboveground infrastructure or easement, determine the extent to which existing neighborhoods or communities would be impacted by its implementation. Evaluate the extent of the physical separation, barrier or other disruption of existing land uses or activities that could result from the proposed project. Indicate the duration of the disruption (e.g., long-term, permanent) of the physical or social interaction between land uses that comprise an established neighborhood or community. Cumulative Impacts The cumulative impact assessment should identify other known projects or land use changes proposed in the vicinity of the project that may either combine with the proposed project to create a land use incompatibility with the existing land uses, or be subject to nuisance impacts resulting from a proposed project that creates a land use incompatibility with the related projects. Evaluate the potential impacts using the methodology described above. Sample Mitigation Measures Mitigation measures to reduce secondary impacts are found in the individual sections (noise, traffic, etc.). Potential mitigation measures that may reduce land use compatibility impacts include: - Change the project design, configuration, visual screening, setbacks, building heights, etc., to be compatible with surrounding uses; - Restrict certain operational characteristics of the proposed use to reduce or eliminate impacts, such as limiting hours of operation or placing restrictions on specific types of uses or activities proposed for the project, etc.; - Provide enclosed structures around certain activities that normally occur outdoors; - Place aboveground infrastructure under ground, or grade separate key portions of the proposed highway, rail line, or other infrastructure to minimize physical separations; 2006 Page H.2-4

11 H.2. Land Use Compatibility - Provide pedestrian and bicycle routes or crossings to increase mobility; and - Provide a buffer (such as a decorative wall or landscaping) where residential uses are adjacent to non-residential uses. 3. DATA, RESOURCES, AND REFERENCES City Planning Department, 201 North Figueroa Street, 3 rd Floor, Los Angeles, California 90012; Telephone: (213) For plan check, first go to Counter A, 4 th floor (Building and Safety). They will refer visitors to the Planning Department as appropriate. See also H.1. LAND USE CONSISTENCY Page H.2-5

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