103 terms

ESP 171 Midterm

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Sprawl
the process in which the spread of development across the landscape far outspaces population growth
Landscape sprawl's 4 dimensions
(1) a population that is widely dispersed in low density development
(2) rigidly separated homes, shops, and workplaces
(3) a network of roads marked by huge blocks and poor access
(4) lack of well-defined, thriving activity centers
Smart growth
well-planned development that channels growth into existing areas by investing in cities and older suburbs, while preserving green space and protecting the environment
SB 375
targets for GHG emissions reduction from cars and trucks for metropolitan areas, by reducing VMT
Nuisance law
power to curtail activity that constitutes a nuisance
Police power
power that permits government to restrict private activities in order to protect the public health, safety, and welfare, as well as public morals
1916 NY Zoning Act
restrict building heights, improve tenements, protect existing neighborhoods from speculation
Euclidean zoning
divisions of land into districts; equal treatment of property owners within each district; separation of land uses and intensity of development
City Beautiful Movement
"fix the city"; a reform philosophy with the intent of introducing beautification in cities; an attractive city would perform better than an unattractive one
—Haussman"s Plan for Paris
—L'Enfant Plan for DC
—Burnham Plan for Chicago: could improve social problems by enhancing the environment
Garden City Movement
method of urban planning; garden cities were intended to be planned, self-contained communities surrounded by greenbelts containing proportionate areas of residences, industry, and agriculture
—Ebenezer Howard's Garden City of Tomorrow
Mass suburbanization
Developer
proposes and implements
Government
regulates and approves
Planner
facilitate and educate
Citizen
vote and voice
Reserved power doctrine
police power not explicitly taken by federal government so left to the states
Delegation by states to local government
cities and counties can make and enforce ordinances not in conflict with general laws
Local land use actions
—must be "reasonably related" to public health, safety, welfare, morals
—must not violate concepts of due process, equal protection, and unlawful taking of property without compensation
—are subordinate to state laws
—enforced by citizens through the courts (lawsuits)
City Council
creates policy
Planning Commission
applies discretionary policy to individual projects
Planning Staff
applies nondiscretionary policy to individual projects
Legislative Acts
general plan revisions, zoning ordinances
—subject to referendum and initiative
—subject to review under CEQA
Quasi-Judicial Acts
Conditional use permits, zoning variances
—Subject to appeal to city council
—Subject to review under CEQA
Ministerial Acts
building permits, other permits when conditions met
—NOT subject to referendum and initiation or appeal
—NOT subject to review under CEQA
Local Area Formation Commissions (LAFCOs)
—Decide where boundaries are
—Required by California law in each county to make boundary decisions
—Consists of 2 county supervisors, 2 representatives from county's cities, 1 member of the public
—Goals: stop competition among cities, minimize sprawl, encourage efficient urban services
LAFCO decisions
—incorporations
—annexations
—designation of "sphere of influence"
—dissolution (opposite of incorporation)
—detachment (opposite of annexation)
Incorporation
—community decides to become a city
—LAFCO does fiscal review to show that city can provide for services
—residents vote
—Core Values: community safety, economic prosperity, local government
Annexation
—existing city brings new land within its boundaries, provides services
—hearing required, vote may be required
Sphere of Influence
—area beyond city boundaries that can be included in General Plan
—intention is to eventually annex area to city
—new law requires update every 5 years
Regional Planning
—problems that don't abide by local boundaries, e.g. air quality, congestion, housing, jobs, etc.
—multiple jurisdictions that each have own interests and priorities
Types of Regional Planning
—Voluntary joint planning efforts (Yolo County, Davis)
—Regional planning agencies (established by state); for protection of unique natural resources
Metropolitan Planning Organizations (MPOs)
—regional transportation planning responsibility but no land use planning authority
Purpose of a City's Plan
the comprehensive plan is supposed to be the supreme document guiding the future physical development of a community—the set of policies from which all decisions flow
—expression of community's vision
—guide to decision making
Characteristics of General Plan
—physical plan
—long-range plan
—comprehensive
—statement of policy
Consistency Requirements of General Plan
—Vertical consistency: zoning, subdivision ordinances, other local ordinances must be consistent
—Internal/horizontal consistency: all elements must be consistent internally and with each other
—Compliance with state law
Timing Requirements of General Plan
—Initial adoption: within 30 months of incorporation
—Adoption of updates: usually every 10-20 years
—Adoption of amendments: up to 4 times per year
8 Required Elements of a General Plan
...
(1) Land Use
general location and intensity of different land uses (e.g. housing, business, industry, open space, education, public buildings)
(2) Circulation
general location and extent of existing and proposed major roads, other transportation facilities (transit, bike), public utilities
(3) Housing
assessment of current and projected housing needs for all economic segments of community; affordable housing issues
(4) Conservation
conservation, development, and use of natural resources—water, forests, soils, rivers, and mineral deposits
(5) Open-Space
preserving open-space for natural resources, managed production of resources, outdoor recreation, public health and safety, identification of agricultural land
(6) Noise
assessment of noise problems in community, distribution of sensitive land uses
(7) Safety
policies and programs to protect community from risks associated with seismic, geologic, flood, wildfire and now climate change hazards
(8) Environmental Justice
identify "disadvantaged communities" and policies to reduce health risks and increase civic engagement
Land Use elements
—Growth forecasts: number of additional people, households, jobs
—Developable land: map layers for existing development, infrastructure, natural features
—Land use map: areas where new development can go
Regional Housing Needs Assessment (RHNA)
—State determines current and future housing needs for state, how much each region is responsible for
—Regional government determines "fair share" of needs each city is responsible for
—City ensures there is land available for its allocation in General Plan housing requirement
—State Housing and Community Development certifies city's Housing Element
American Community Survey
—replaced the census Long Form
—gathers long form info annually on a rolling basis
—asks about more demographic details, employment, and economic status, social characteristics, and housing quality
Uses for Census
—distribution of funds for federal programs
—environmental justice of proposed policies
—economic and social well-being of country
—location of public facilities
—military/industrial strength of population
Census Short Form
—10 questions counting # of people in a household, gender, ethnicity, age, housing type
—given every 10 years to all household
Land Development Code
regulates private development
Capital Improvement Program + Redevelopment
dictates public investment
Hierarchical relationship of land use laws
Use permit is struck from the mold of the zoning law; the zoning law must comply with the adopted general plan; the adopted general plan must conform with state law
Zoning map
shows category for each parcel
Zoning text
specifies rules for each category
—Land uses: immediate, allowable uses; conditionally permitted uses; prohibited uses
—Development standards: intensity or bulk (setbacks, height limits)
Development Review Process
(1) Developer submits application to city
(2) Planning staff reviews application
(3) City issues building permit
(4) Developer builds
if project doesn't comply: Zoning Amendment
(1) classification change, boundary change
(2) Council approval
(3) must be consistent with GP
if project doesn't comply: Variance
(1) Exception to development standards
(3) Planning Commission approval
if project doesn't comply: Conditional Use Permit
(1) Use not otherwise allowed
(2) Planning Commission approval
if project does comply: Discretionary Review
—city can impose conditions on development as long as "reasonably related" to project
—city can deny approval even if project conforms to zoning
if project does comply: Design Review
—to ensure that project adheres to aesthetic guidelines
Enforcement
—citizen-based enforcement is typical
—zoning violation is a misdemeanor, so handled in criminal court
instead of zoning: Homeowners Associations
—all owners required to join and pay
—holds title to common areas
—provides some services
Codes, Covenants, and Restrictions (CC&Rs)
—used by Homeowners Associations
—attached to property deed
Problems with Zoning
—Hard to understand
—Inflexible (but changeable)
—Usually leads to separation of uses
—Links to planning goals not always so clear
Form Based Codes
a method of regulating development to achieve a specific urban form; create a predictable public realm primarily by controlling physical form, with a lesser focus on land use, through city or county regulations
Elements of Form Based Codes
...
(1) Regulating Plan
locations where different building form standards apply
(2) Building Form Standards
building height, placement, land uses
(3) Public Space Standards
including sidewalks, travel lanes, on-street parking, street trees, signs
(4) Architectural Standards
requirements on style and materials
FBC vs. Zoning
FBC
—focus on built form (design)
—prescriptive (what you want)
—easy to understand and apply
—public involved in creation

Zoning
—focus on land use and intensity (legal tradition)
—proscriptive/prohibitive (what you don't want)
—not easy to understand and apply
—public responsible for enforcement
Subdivision Ordinance
Subdivisions: division of a single property into multiple properties that can be separately sold
State Subdivision Map Act
—establishes statewide uniformity in local subdivision procedures
—gives local governments authority to: regulate design and improvement, require dedications of public improvements, require compliance with objectives and policies of general plan
vs. Zoning
—Applies only to land being subdivided
—Affects physical design of neighborhood more than zoning does
Approval Process of Subdivision Ordinance
(1) City reviews and approves tentative map
(2) Developer installs or secures funding for required infrastructure
(3) City approves final map; recorded with county
(4) Developer sells lots
must deny map if
—environmental damage
—inconsistency with local general plan
—physical unsuitability of the site
—conflict with public easements
—inadequate water supply
Street connectivity
the purpose of a street network is to connect spatially separated spaces and to enable movement from one place to another
Specific Plans
a plan addressing land use distribution, open space availability, infrastructure, and infrastructure financing for a portion of the community
—replaces or supersedes zoning code and subdivision ordinance in that area
Single property owner specific plan
developer initiated
Multiple property owners specific plan
city initiated
Development Agreements
—contract between city and developer
—developer gets: guaranteed right to build
—city gets: infrastructure beyond what's required
—Issues: locks out citizen groups, can be renegotiated, "strong arm tactics" on part of city
National Environmental Policy Act (NEPA)
EIS for federally funded or built projects
California Environmental Quality Act (CEQA)
EIR for publicly funded or built projects
CEQA Goals
—a high-quality environment now and in the future
—often a way for interest groups to stall a project and/or agencies or interest groups to get exactions or concessions from the private developer
CEQA Functions
—Foster interagency coordination of and public participation in project review
—Inform decisionmakers and the public about significant environmental effects
—Mitigate or avoid environmental damage to the extent feasible
CEQA Project Components
(1) Activities that have the potential to have a physical impact on the environment
(2) Are proposed to be undertaken, funded, or requiring discretionary approval by state or local government agencies
Subject to CEQA
Not subject to CEQA
—legislative decisions
—quasi-judicial decisions

—ministerial decisions
Tuolumne Tactic
—if citizens qualify a local land use initiative for the ballot, local legislative body can: approve the measure; order a special election
—in both cases, project will be exempt from CEQA review
Lead Agency
—agency with principal responsibility for issuing permits to project, i.e. city or county planning department
—responsible for seeing analysis is in accordance with CEQA, but consultants usually do work
—consult with "responsible agencies"
projects exempted from regulation from CEQA because they typically do not have significant impacts
—small projects
—land acquisition for wildlife protection
—transfer of land ownership for parks
—minor additions to school
Statutory Exemptions (exempted from all or part of CEQA by the State Legislature regardless of impacts)
—demolition permits
—family day care homes
—1984 LA Olympics
—some mass transit projects
—small infill and affordable housing projects
—bicycle transportation plans
Initial Study
—assessment to determine if project may produce "significant" environmental effects
—uses a checklist to assess significance of 18 types of potential environmental impacts
Threshold of Significance
—the line between a significant and less than significant impact
—should be logical, based on facts, and legally defensible
Negative Declaration (NEGs)
—if indicated "less than significant impact" or "no impact"
—no further analysis required
Mitigated Negative Declaration (MND)
—negative declarations with set of conditions attached
—if indicated "less than significant with mitigation incorporated"
Mitigation Measures
—avoid the impact altogether
—minimize impacts by limiting the magnitude
—rectify by repairing, rehabilitating, restoring
—reduce or eliminate over time
—compensate by replacing or providing substitute resources
—must be feasible
Environmental Impact Reports
—most thorough analysis of project impacts/provide information to public and decision makers
—goal is to provide information to decisionmakers and the public about the environmental effects of the project and analyze measures to mitigate or avoid those impacts
—Expensive and time-consuming to produce
Alternative Analysis
—reasonable and feasible alternatives to the project that achieve most objectives of the project
—must analyze alternatives that could avoid or lessen the project's significant impacts
—must evaluate a "no project" alternative
—must designate an "Environmentally Superior Alternative" (other than no project)
Lead Agency Action
—when an EIR is completed, the lead agency certifies that the EIR has been completed and CEQA process has been followed
—after certifying the EIR, the lead agency still must decide whether to approve or deny the project (approving project with mitigation is most common)
Citizens can sue CEQA
—whether CEQA applies
—whether an EIR should be prepared
—whether EIR is adequate
—whether procedures were followed
Environmental Justice
the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies
Procedural equity
equal opportunities for participating in planning process
Geographic equity
fair distribution of both harmful facilities and community amenities
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