Planning and Property Rights

1. Planning and Property Rights PSCI 4326 Planning Issues and Agriculture Lecture 4

2. Community relationship of private property Governmental – judgments made by communities (mostly occurs in cities and counties) • City: public corporation • City charter (governing body) • Types of cities (boundaries do change) • General law city ( 2/3 of all cities in CA operate on laws passed by the state charter adopted by state law. • Home rule of charter cities – adopt own charters based on state law.

3. County Not a corporation – • administrative arm of state in a geographical area ( court, voting, sheriff) • Boundaries do not change • Counties are responsible to the state through their Board of Supervisors.

4. Cities within Counties • Both cities and counties are responsible for planning (community judgments) • Authority comes from state to do so. • State will not judge or intervene. (It could but won’t.) • County is responsible for growth unless city is annexed. Then, city is responsible. • City and County share in common general legal status in relation to the state. • Unitary system: Equal relationship of cities and counties to the state • Sometimes cities and counties are pitted against each other for control, land use, and $.

5. Constrained Localism– city and counties are limited as to how/where they plan • 1 – Intergovernmental - state does set rules by federal government guidelines. (policies- golden rule -local jurisdictions) • 2 – Legal constraints-court decisions (make judgments through due process) • Was process fair? • Did planning agency abuse discretionary judgments? (is final decision linked to evidence base) • 3 – Jurisdictional constraints-conflict with other local governmental agencies. (Cities against counties compete for tax $ and land use) • 4 – Political constraints (developers and environmental groups)

6. Why do communities plan? • Negative externalities ( third party affected in a negative way – theft, vandalism, pollution) • Communities make judgments about its resources (creates controversy about issues like zoning) • Public benefit – parks, service, physical, benefits of all people regardless of whether they pay for services like fire, police, roads, schools.

7. Goals of Planning • To enable communities to determine its own future by making a general plan • To protect private property rights of all people ( go to jurisdiction, like city council, then to court) • To maintain community safety…police, fire • To engage in planning for predictability in what land can be used for (ie. zoning).

8. Planning… Involves the relationship between the community and governmental agencies

9. Options for Planning StructuralConsolidation(e.g., County-City) RegionalGovernment (Top-Down) Collaborative Planning (Bottoms-Up) Constrained Localism Regional Planning (Top-Down) Functional Consolidation (e.g., Planning) Coordinated Planning (Bottoms-Up)

10. Planning and Property Rights Regulation Public Ownership Unrestricted Private Control • Judgement through planning • Eminent Domain • Police Power –statute/regulation

11. Private property is: • Private ownership of land – individual or corporate – interest in land is permanent (possession) • Have title to land • Can sell it, assign, lease or rent property, • use for any purpose within boundaries, • can take fruit of it (production), • inhabit/use/transfer, • land ownership brings with it a bundle of rights. • All rights between community and private are the same (based on where you live) • State law defines property rights.

12. How far can regulation go? Government can take over land (physically) through Eminent Domain • Just cause for public purpose or interest (new definition) • Must provide just compensation to landowner • Willing seller (landowner) to willing buyer (public agency) – no problem • However, if seller is not willing, goes to court.

13. As police power grows, property rights decline • With AG • Gov. exercises with police power-protection of health, welfare and safety (ie. Environmental regulations) • Basis for local planning assigned to the state to pass policies, regulate land use • Can’t you over-regulate? • Yes, government can for purposes of policy use police power to regulate.(ex. Endangered species on private land)

14. Developer Dilemma Development in California is a privilege, not a right! • This statement has never been changed. • Most of Property Tax used to go to local government for services. • Prop. 13 cut a lot of this revenue (school dist. hit hard) • Caused funding to shift to the state, unequal distribution to counties • But wealthier still have access to better services(roads, safety) … Why?

15. Sales Tax goes to the local jurisdictions • Goal of planning is to generate $. (induces growth which consumes ag land and open spaces) • Large retail establishments (Target, Home Depot, Auto malls) come in near freeways to generate revenue for cities through sales tax) This takes away from ag land use. • There is a drive for cities to grow because this produces more revenue

16. Character of Growth …when, where, how Problem with the Revenue System (public finance and tax systems) Since the 1970s, population growth and changes in public finance strained abilities of local govs. • Growth has impact because of revenue • Where to locate growth, how fast to allow growth, this leads to urban sprawl. • Implication on land resources • What about other resources (air and water quality, housing, employment opportunities)

17. History of Development • Early on there was suburbanization: • Movement away from the center of the city. • (oldest area is railroad and industry area) • Technology • ( transportation and infrastructure limited people) • Only affluent could move • Early 1850s Electric trolley and Electric trains • development could only occur near trolleys and trains

18. WWI…World War I • People wanted to move beyond the cities. • Immigrants settled in the big cities for the opportunities that could be found there. • People move in and out, and a push is on. • Wealthy establish their own cities and communities. • In 1920s automobiles became the key to no limitations in travel – boundaries are now spreading. • Depression hits

19. WWII…World War II • Significant housing needs contributed to suburbanization. • People kept moving away from the center • Communities expanded…into Ag land • Catalyst for new community development • Encouraged people to keep moving …greener pastures • Again into unsettled land, open space, farmland

20. End of WWII…Baby Boom Increased population…Needed space • Highways developed transportation link • Intra-highway linked all to metropolitan areas…beginning of commuters • GI Bill (affordable housing and education) • Helped people move to the suburbs • Airplanes • Opened up areas for more travel, more movement

21. Sprawl • This movement overall is called sprawl. • Each step along the way…gobbling up land. (Can follow roads to see historical patterns of growth) • Movement of people from cities to suburbs – commuting began. • People live in the suburbs but work in the city. • Businesses and employment spring up in new communities. • Brings more revenue to new cities. • People have more expendable income • places more demands for businesses that provide entertainment and products.

22. Movement to suburbs provides… • Less congestion • Less crime • Better quality of life • Housing affordability • Open space

23. Movement to suburbs… • A pattern of movement is constant- • Malls follow the people, employment does not • Housing needs always ahead of developers

24. Growth here: (exurbs- valley cities) Exurbs…small, usually prosperous cities in the last 15 to 25 years • Merced County – • Los Banos - 78% growth • Livingston – 43% growth • San Joaquin County -- • Tracy – 69% • Lathrop – 52.7% • Stanislaus – • Riverbank – 85.2% • Newman – 70.9% • Waterford – 45.1% • Patterson – 34.5%

25. Bay area growth less… • Santa Clara • Morgan Hill – 40.2% • Gilroy – 31.7% • San Benito • Hollister – 79.1% (travel to Salinas and Monterey)

26. Movement South through the North Central Valley continues sprawl • 1st - Type of sprawl - low density movement from high density areas, which leads to • 2nd - Type of sprawl - patterns of development in communities where people move…better neighborhoods (affordability) • Both are important types of sprawl. • This movement is a threat to open space

27. Settlement patterns… • Low density – residential and commercial development • Consuming land pattern • Dominance of single family detached dwelling • Why? Consumer preference. • People want more space, need more space, • consume land around them. • Gated community is fastest form of development. • It provides protection and space

28. Settlement patterns continued… • New development is outward movement – loss of Ag land and open space • Constantly shifting community boundaries with no certainty of growth boundaries. • Planning system – tends to separate uses by zones • community makes decisions about what is allowed • Segregated zoning- area of community by purpose • Ex – single or multiple family residential or commercial

29. Conflicts with Agriculture land use… Urban edge keeps moving – always an area of conflict. • Myth: People will be people, government should not interfere. We’re not using up our farmland. Let market take care of it . Why doesn’t this work here? • American Farmland Trust – • gobbling up land – • problem is government is not involved enough. • Sprawl is a reality – will have an impact on Ag – should we be concerned?

30. Modesto Growth Patterns (1984-2002)

31. Stockton Growth (1990 to 2002)

32. Fresno Development

33. Strategies for Addressing Farmland and Farmland Protection Planning / Regulation Right to Farm Conservation Easements and TDR Public Purchase of Land Market Smart Growth Urban Limit Lines Williamson Act Economic Development Sustainable Agriculture

34. The Framework for Planning General Plan: Constitution for Local Planning and Development) Zoning: Districts and Development Standards Subdivisions CEQA