URP3510 - WEEK 1

Where do planners get the power to plan?

US Constitution 10th Amendment “reserved powers doctrine” & State Constitution (Article 11, Sec. 7)

What does the “Reserved Powers Doctrine” do for us?

When the government is silent on a topic and doesn’t claim power then the power is then granted to the state

What does the State Constitution do for us?

The land use power goes to the cities and counties

What are the 3 types of jurisdiction in CA?

Special Districts (Specific Function), Cities and Counties (General Purpose)

What can the Cities and Counties do?

Regulatory Power - create laws on how the city operates and say how land is used (Regulations)

What are Special Districts?

A public or private institution (ex. school, water, flight control, etc.)

How are Counties and Cities established?

Counties - Established by the state

Cities - Established by residents who want something

Where does the Land Use Jurisdiction reside in Counties and Cities?

Counties - Land outside of a city (Unincorporated Territory)

Cities - Only within its borders

What must Counties and Cities have?

Counties - Board of Supervisors and Planning Commission

Cities - City Council and Planning Commission

What are the 3 Local Decision Types?

Legislative Acts, Quasi-Judicial, & Ministerial

What does the Legislative Acts consist of?

• The city is establishing/modifying policy

• Discretionary (City doesn’t have to change it or pursue it)

• The city council must approve it

• Subject to Referendum and Initiative

• Subject to CEQA (Environmental Review)

What does Quasi-Judicial consist of?

• Applying discretionary/legislative policy to projects (applies details/specifics to a projects, when they weren’t addressed back in the legislative act)

• Some discretion may be required (making a judgement, if it fits the policy)

• The Planning Commission must approve it

• Subject to Appeal

• Might be subject to CEQA

What does Ministerial consist of?

• Apply the the policies to the project

• Mandatory actions if conditions met (Actions by public officials)

• Planning Staff Actions

• May be subject to Appeal

• No CEQA

What does Referendum and Initiative mean?

Referendum - Community opposition, that is trying to negate/change a city council decision

Initiative - People wanting the government to addressed/take action on something they haven’t addressed/done

What does Planning Staff Action do ?

• Reviews Projects

• Ensures that they meet the laws and policies (requirements)

• Does the project need to change something?

What is Police Power?

Ability to restrict private activities to achieve a public benefit (health, welfare, and morals) THERE HAS TO BE A LINK

What are the 3 cases that are examples of Police Power?

• Village of Euclid v. Ambler Realty Co, 1926

• Berman v. Parker, 1954

• Associated HomeBuilders of the Greater Eastbay, Inc. v. City of Livermore, 1976

Village of Euclid v. Ambler Realty Co, 1926

Facts: Euclid used its police power—the government's basic authority to protect public health and safety—to create zoning laws that separated houses from factories. A developer named Ambler Realty owned land planned for industrial use, but the new zoning made part of it residential-only. This cut the property's value from $10,000 down to $2,500 an acre, leading Ambler to sue.

Question: Can local government lower private property value through regulation without paying financial compensation

Conclusion: The Supreme Court ruled in favor of the town, establishing police power as the legal foundation for modern urban planning and zoning. The Court reasoned that keeping factories away from homes protects neighborhood health and safety

Berman v. Parker, 1954

Facts

Washington, D.C. created an urban renewal plan to clear out run-down neighborhoods. To rebuild the area, the city used eminent domain to seize all the land—including a clean, fully working department store owned by Max Berman. Berman sued, claiming the city couldn't take a healthy business just to redevelop the neighborhood.

The Question at Play

Can the government use its power to seize private property if the land itself isn't blighted, but sits inside a broader urban planning area?

Conclusion

The Supreme Court ruled unanimously for the city, deciding that police power includes making a community "beautiful as well as healthy." Planners can rebuild entire neighborhoods as a single project rather than piece by piece.

Associated HomeBuilders of the Greater Eastbay, Inc. v. City of Livermore, 1976

Facts

To combat rapid growth, overcrowded schools, and sewage shortages, voters in Livermore, California passed an initiative banning new residential building permits until educational and sanitation facilities met specific standards. A homebuilders association sued, arguing that halting housing development violated the constitutional right to travel and abused local police power by shifting regional growth burdens onto neighboring communities.

The Question at Play

Can a city use its police power to enact growth-control measures that limit housing construction, or does restricting regional growth violate the constitutional rights of outsiders and exceed local authority?

Conclusion

The California Supreme Court ruled in favor of the city, upholding local growth-control ordinances as a constitutional use of police power. The court established the "Livermore Test," ruling that local land-use restrictions are valid if they reasonably relate to the public welfare of the entire surrounding region, rather than just the interests of the local municipality.

What is Elastic?

Let’s cities to adapt regulations to suit the interests and needs of community over time

What are the 2 cases that are examples of Elastic?

• Village of Belle Terre v. Boraas, 1974

• Rancho La Costa v. County of San Diego, 1990

Village of Belle Terre v. Boraas, 1974

Facts:

A village restricted land use to single-family dwellings and defined a "family" to prohibit more than two unrelated people from living together, targeting a house rented by college students.

Question:

Does using police power to define a "family" and restrict who can live together violate constitutional privacy or equal protection rights?

Conclusion:

The Supreme Court upheld the ordinance, ruling that police power allows communities to create quiet, low-density residential zones free from noise and congestion.

Rancho La Costa v. County of San Diego, 1990

Facts:

A developer sued the county for inverse condemnation after local general plan updates designated private land for a future regional park and delayed urban annexation.

Question:

Does updating a long-range general plan or changing land-use goals constitute an illegal "taking" of private property under police power?

Conclusion:

The California Court of Appeal ruled for the county, holding that police power gives cities the flexibility to adapt general plans as community needs change over time without owing damages to landowners.

What does Elastic include?

• Aesthetics

• Economic Interests

• Character, Stability, Soul

What are the cases that are examples of Aesthetics?

• Erlich v. City of Culver City, 1966

  • Public Art Fee

• Metromedia Inc. v. City of San Diego, 1980

  • Bans Offsite Advertising Signs

• Disney v. City of Concord, 2011

  • Regulating Recreational Vehicle Storage on Residential Property

What are the cases that are examples of Economic Interests?

• Kelo v. City of New London, 2005

  • Land condemned for economic

• Birkenfeld v. City of Berkeley, 1976

  • Validity of local rent control

• Griffin Dev Co v. City of Oxnard, 1985

  • Validity of condo conversion regulations

What are the cases that are examples of Character, Stability, Soul?

• Ewing v. City of Carmel-by-the-Sea, 1992

• Wal-Mart Stores, Inc v. City of Turlock, 2006

What are the Rules for Action?

The court will support you if…

• You didn’t act at random and that you ain’t inconsistent

• Not discriminatory (Not targeting a certain group)

• Advanced a government interest

• Allows economically viable use (taking) and satisfies due process (public input)

What case is an example of Rules for Action?

G&D Holland Construction Co. V. City of Marysville, 1970

Can a city make rules/laws that overrules state rules/laws?

No, if the California government passes laws to fully control a topic, a city cannot make its own rules about it. (State law beats City law)