Resumen de Urbanismo II - La Planificación Urbana y Normativa en Buenos Aires

Fundamentals of Urban Planning: Ethics, Politics, and Management

Urban planning at the municipal scale is analyzed as a highly complex space where the object of analysis is the physical support, encompassing both natural and cultural elements, which serves as the base for the sociopolitical relationships of a society. The study of urban planning is divided into three fundamental fields that interact with each other: ethics, politics, and management. Ethics is viewed as the overarching framework containing politics, which in turn contains management. While everyday professional activity occurs primarily within the field of management, this field is characterized by a web of limitations that must be articulated with the other two areas to reach effective solutions.

The field of management is where physical actions are executed in the city using available resources, yet it often faces the paradox that processes are organized according to state structures rather than the problems themselves. Municipal management relies on five categories of resources: personal staff (including political, professional, administrative, operative, and contracted personnel), infrastructure (public buildings, streets, plazas, and concessioned buildings), equipment (furniture, technology, tools, and vehicles), economic resources (local taxes, legal transfers, national/provincial grants, loans, and rents), and financial resources. Despite these resources, management is constrained by three main limits: finite budgets, hierarchical structures, and unfriendly administrative procedures. These creations, while necessary, often act as inhibitors rather than enablers of urban solutions.

The Administrative Disconnect: A Case Study in Management Limits

A recurring issue in municipal management is the gap between government action and citizen satisfaction. Often, by the time a solution arrives, the need has changed, or the administrative friction has turned a potentially positive relationship into a negative one. An illustrative example of this is the process for a family requesting roof shingles ( $\text{chapas}$ ) to fix a leaking roof in a state of urban poverty:

Initial Request: The family travels to the municipality, often facing difficulties with childcare and long waits.
Interview: A social welfare agent collects family, economic, and legal data to form a file ( $\text{expediente}$ ).
Social Verification: A social worker must visit the site to verify the situation.
Elevation: The report is elevated to higher hierarchical authorities within the social secretariat for signatures.
Derivation: The file is sent to the technical area (e.g., Public Works), passing through various offices.
Technical Verification: A professional visits the home to certify the technical necessity of the materials.
Technical Report: A new report is written and sent back through the hierarchy to the original secretariat.
Payment Authorization: With social and technical approvals, the file moves to the Economy department.
Budgetary Verification: The file passes through budget planning to verify funds and then to accounting ( $\text{contaduría}$ ) to issue payment.
Delivery of Aid: The individual finally receive a check, purchase order, or the physical material.

The Field of Politics and Strategic Management

Politics is defined as the field where the rules of the game—the norms and laws that limit management—can be modified. While a manager might say "I cannot do this because of the budget," a political decision can redistribute funds or change priorities. There are two competing visions of public management. The traditional vision is budget-centric, building policies based on existing funds through a bureaucratic logic and measuring success by investment. In contrast, the strategic vision is problem-centric, building policies based on identified issues through a systemic and innovative logic, measuring success by the transformation achieved.

Political action involves two crucial elements: the political agenda and the political cost. Many urban issues are absent from legislative agendas, meaning they are not prioritized in public debate. Furthermore, every decision affects interests, creating a political cost. A refusal to assume this cost often results in stagnation, as substantial change requires involvement in complex problems. Norms and laws regarding urban space are political decisions and are inherently modifiable if supported by sound technical and social foundations.

The Ethics of Development and Government Models

Ethics serves as the framework of principles that guide the style of a government. Development styles can be centralized, corporate, "supermarket" (state as a mere service provider), or institutional (emphasizing cultural aspects and social articulation). Effective planning requires an ethics oriented toward consensus-seeking, starting from a baseline of equality and creating freedom of action. Key thinkers emphasize that ethics must be at the center of development, not an external addition.

Bernardo Kliksberg poses the question of whether a "human-faced economy" is viable, while Edgar Morín argues that ethics cannot be injected like vitamins but must be the core of development processes. Amartya Sen emphasizes that humans should be seen as agents with freedoms, not just patients with living conditions, and Mohamed Yunus argues that the essence of development is changing the quality of life for the most disadvantaged, allowing them to explore their creative potential. In Latin America, the transition from representative to participatory democracy is seen as a necessary ethical shift to achieve sustainable local development.

Political and Institutional Structures in the Argentine Territory

The political structure refers to democratic representation, while the institutional structure refers to the power incidence of organizations. A distinction is made between an "organization" (the tangible municipality with staff and resources) and an "institution" (the intangible set of historical and cultural relationships between the organization, other powers, and the community). In Argentina, power is distributed across three levels:

National Level: Comprises the President and Cabinet (Executive), and the Congress (Legislative) consisting of $257$ Deputies and $72$ Senators. Provincial Level (Buenos Aires): Comprises the Governor and Cabinet (Executive), and the Legislature with $92$ Deputies and $46$ Senators. Municipal Level (Mar del Plata): Comprises the Mayor ( $\text{Intendente}$ ) and Cabinet (Executive), and the Deliberative Council ( $\text{Concejo Deliberante}$ ) with $24$ members.

Legislative Procedures in Buenos Aires and the Municipality

In the Province of Buenos Aires, four types of projects exist: Declarations (political manifestos), Information Requests (formal inquiries), Regulations (internal chamber operations), and Laws (the most impactful). The process for a Law involves six main steps:

Submission by the Executive or a Legislator.
Officialization and assignment to committees ( $\text{comisiones}$ ).
Committee approval; once all committees approve, the project has a "despatch" ( $\text{despacho}$ ).
Recinto debate and approval (resulting in "half-sanction" or $\text{media sanción}$ ).
Treatment by the second chamber; if approved, it becomes a law and is sent to the Provincial Executive Power ( $\text{PEP}$ ).
Promulgation or Veto by the PEP; after promulgation, a regulation ( $\text{reglamentación}$ ) must be dictated for the law to be effective.

At the municipal level, the process is similar. A Councilor or the Mayor submits an Ordinance project. After committee approvals and recinto debate, the approved project becomes an Ordinance. Some projects require a "double reading" ( $\text{doble lectura}$ ). The Municipal Executive Power ( $\text{PEM}$ ) then promulgates or vetoes. Urban norms formulated locally must undergo public hearings ( $\text{Audiencia Pública}$ ) and require provincial approval before the Mayor can promulgate them.

Competencies and the Nature of Local Government

The legal hierarchy places National law at the top, followed by Provincial, and then Municipal. A city is a social and territorial reality, whereas a municipality is a legal status recognized with specific competencies. The municipality acts through three functions: managing (encouraging or prohibiting activities via planning norms), doing (executing what others will not), and controlling.

Juridical competency refers to the legal aptitude to act. Material competency refers to the subjects (contents) within the municipality's purview, while territorial competency refers to the geographic area where it acts. Territorial planning is both a right and a mandatory obligation for every municipality. This planning is distinct from "urban planning" in that it regulates the transition between urban and rural soil. It is also distinct from "zoning," which is merely a mechanical tool; modern planning integrates social, economic, and physical dimensions.

Objectives of Urban Planning and the Conflict of Rights

Based on the Charter of Athens (inhabiting, working, recreating, and circulating), urban planning aims to create physical-spatial conditions for community needs at minimum social cost, preserve the environment, conserve sites of interest, and eliminate speculative excesses. Zoning must be dynamic rather than static to account for population growth, technological changes, and the increasing complexity of needs.

Planning inevitably creates tension between state authority and private freedom, as planning acts upon land owned by individuals. To resolve this, three guiding principles are applied:

Reasonableness ( $\text{Razonabilidad}$ ): Choosing the most rational and equitable alternative to achieve an end, as prescribed by Article $28$ of the Argentine Constitution.
Equality ( $\text{Igualdad}$ ): Treating equals equally and prohibiting arbitrary distinctions. In territory, this translates to the equitable distribution of burdens and benefits.
Inviolability of Property ( $\text{Inviolabilidad}$ ): No one is deprived of property without a legal sentence. However, this is not absolute; property serves a social function and can be expropiated with compensation.

State Capacity and Organizational Rationalities

Oscar Ozlak distinguishes between technical rationality (modeling intelligence) and political rationality (modeling interaction). Public policy flows through three tracks: political (defining precise goals), technical (formulating and evaluating problems), and spasmodic political (quick action-decision cycles for immediate impact). State capacity is the intersection of administrative and political capacity, requiring coordination, flexibility, and sustainability.

A sustainable management model balances urban development, public policy, and public management. The traditional bureaucratic system, characterized by strict hierarchies, fixed office roles, and impersonal norms, is often criticized for being obsolete, slow, and resistant to innovation. Alternative models include:

Systemic Organizations: Dynamic and objective-oriented.
Contingent Organizations: Adaptable and potentially temporary for specific plans.
People-based Organizations: Emphasizing horizontal communication (Drucker).
Value-Innovation: Combining technical progress with actual social value.

The Provincial Legal Framework: Decree-Law 8912/77

In Argentina's federal system, land regulation depends on the provinces. In Buenos Aires, Decree-Law $8912/77$ is the fundamental norm regulating the use, occupation, subdivision, and equipment of soil. It defines land classification into three main areas:

Rural Areas: For agricultural, mining, and forestry production.
Urban Areas: For intensive human settlements. These are sub-divided into "Urbanized" (with full services: electricity, pavement, water, and sewers) and "Semi-urbanized" (intermediate sectors with partial infrastructure).
Complementary Areas: Surrounding urban areas, functionally related but not yet intensive.

Specific zones include Residential (urban intensive), Extra-urban Residential (low intensity in nature), Commercial/Administrative, Industrial, and Recreation. Green spaces are mandatory, with a minimum of $10\,m^2$ per inhabitant, distributed as $3.5\,m^2$ for plazas, $2.5\,m^2$ for urban parks, and $4\,m^2$ for regional parks.

Density and Subdivision Indicators under 8912/77

Population intensity is categorized into dispersed ( $a\,5\,hab/ha$ ), grouped ( $30$ to $150\,hab/ha$ , up to $2000\,hab/ha$ ), and semi-grouped ( $5$ to $30\,hab/ha$ ). Two types of density are used:

Gross Population Density: Total population divided by total area.
Net Population Density: Population divided by buildable area (excluding streets and parks).

The maximum buildable area is controlled by the Factor of Occupation of Soil ( $FOS$ ) and the Factor of Occupation Total ( $FOT$ ). For residential use, the maximum $FOT$ is $2.5$ and $FOS$ is $0.6$ . For commercial use, $FOT$ is $3$ . Bonuses ( $premios$ ) for good design cannot exceed $70\%$ of the base values. Minimum parcel sizes in urban areas scale with density, ranging from $300\,m^2$ (width $12\,m$ ) for density $< 200$ to $900\,m^2$ (width $30\,m$ ) for density $> 1500$ .

Special Urbanizations: Premium and Coastal Developments

Premium urbanizations take three forms: Country Clubs, Gated Communities, and Coastal Developments.

Country Clubs: Located in non-urban areas, combining residential use with social/sporting facilities. They must be at least $7\,km$ apart (though this can be flexed) and require a minimum of $30\%$ to $40\%$ of their total area as green space.
Gated Communities ( $Barrios Cerrados$ ): Defined by Decree $27/98$ , these can be in any area (urban, rural, or complementary) and are characterized by a perimeter fence. They have reduced land cession requirements compared to standard urbanizations ( $3.5$ to $6\,m^2/hab$ for green space).
Coastal Law (Decree $3202/06$ ): Protects fragile dunes. New urbanizations must have a protection strip of $250-300\,m$ from the coast, provide water and sewer treatment, and cannot remove or cross the first line of dunes with streets. Density is capped at $60\,hab/ha$ .

Industrial Regulation and Environmental Controls

Industrial zones are intended for grouped industries and must consider environmental impacts and infrastructure. Law $11459$ requires all industrial establishments to obtain an Environmental Aptitude Certificate ( $Certificado de Aptitud Ambiental - CAA$ ) before municipal permit issuance. Industries are classified into three categories based on their Environmental Complexity Level ( $NCA$ ):

Category 1: Innocuous ( $NCA \leq 11$ ).
Category 2: Uncomfortable/Nuisance ( $11 < NCA \leq 25$ ).
Category 3: Dangerous ( $NCA > 25$ ).

The formula for classification is $NCA = Ru + ER + Ri + Di + Lo$ , where $Ru$ is activity rubro, $ER$ is effluents/waste, $Ri$ is potential risks, $Di$ is dimension, and $Lo$ is localization. Municipalities can only certify Category 1 and 2; Province certifies Category 3.

Environmental and Cultural Protection Statutes

Law $11723$ provides the integral framework for inhabitants to enjoy a healthy environment. It mandates Environmental Impact Assessments ( $EIA$ ) for actions that may diminish environmental quality. Law $14343$ regulates environmental liabilities ( $\text{pasivos ambientales}$ ), defined as damage to water, soil, or air resulting from public or private activity that poses a risk to health. Owners or activity holders are responsible for remediation.

Law $10907$ governs Natural Reserves, which are classified as Provincial, Municipal, or Private. Internal zoning for reserves includes Intangible Zones (scientific use only), Primitive Zones (low impact), and Intensive Use Zones (educational/recreational facilities). Law $12704$ protects specific landscapes and green spaces of interest, whether natural or anthropized.

Urban Planning in General Pueyrredón: Ordinance 13231

The Code of Territorial Management ( $C.O.T.$ ) of Mar del Plata (Ord. $13231$ ) regulates the use, occupation, and subdivision of the municipality. It defines buildability through specific indicators:

$FOT$ : Maximum total buildable area. Certain surfaces are non-computable, such as basements (below $+1.50\,m$ ), free ground floors ( $\text{planta baja libre}$ ), structural transition levels, common circulations (stairs, elevators), and amenities up to $20\%$ of buildable area.
$FOS$ : Relationship between building footprint and parcel area.
Building Typologies: Between party walls ( $\text{entre medianeras}$ ), semi-perimeter free, or perimeter free.
Line Indicators: Line of Internal Edification ( $LEI$ ) and Line of Internal Front ( $LFI$ ). The latter is non-compensable and strictly limits backyard space.

Districts are classified as Residential ( $R1$ to $R8$ ), Central ( $C$ ), Industrial ( $I$ ), and Equipment ( $E$ ). Bonuses ( $premios$ ) for $FOT$ are granted for parcel width (up to $25\%$ ), separation from side boundaries (up to $30\%$ ), voluntary front/rear setbacks (up to $15\%$ ), and lower ground occupation (up to $10\%$ ). Parcel unification and joint auxiliary patios also grant $10\%$ and $5\%$ bonuses, respectively.

Law 14449: Fair Access to Habitat

Law $14449$ aims to promote the right to a dignified habitat and housing, based on four principles: the right to the city, the social function of property, democratic management, and the equitable distribution of burdens and benefits. It provides three groups of instruments:

Self-management Support: Including "Lots with Services" (basic infrastructure for poor households) and socio-urban integration of slums ( $\text{villas}$ ).
Management Empowerment: Using Consorcios Urbanísticos (public-private partnerships), Land Readjustment ( $\text{reajuste de tierras}$ , where owners aggregate land for redesign and receive new units), and mandatory building declarations for vacant ( $\text{baldío}$ ) or paralyzed constructions.
Fiscal/Resource Devices: Municipal participation in property value increases ( $\text{captación de plusvalías}$ ) generated by state urban actions, such as changing rural land to urban or increasing building indices. It also allows for increased property taxes on vacant land to discourage speculation.

Strategies for Urban Renewal and Vacant Land Management

Urban renewal targets areas facing functional, physical, or economic obsolescence. Typical components include infrastructure upgrading, improved public space, and equipment enhancement. Situations needing intervention include abandoned coastal areas, industrial "brownfields," and patrimonial areas. To manage vacant land, municipalities use tools such as Municipal Land Banks, Official Registries of Vacant Lands, and acquisition methods like direct purchase, debt compensation, administrative prescription, and expropriation.