Who Does What

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Who Does What?

• ESP 171 Urban and Regional Planning
• S. Handy
• 4/8/08

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PROBLEM
SOLUTION
c.1950
c.2000
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Lets think

• If planning is the process by which our society
  decides what gets built where
• Who actually does the deciding?

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Branches of Government
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Land Use Authority

• Police power power of government entity to
  restrict private activity for public benefit
• Reserved power doctrine police power not
  explicitly taken by federal government so left to
  the states
• Delegation by states to local government
  Article XI, Section 7 of California Constitution

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Power at Local Level
Federal
Federal government chooses NOT to take power
Default is power at state level
State
States choose to delegate power to locals
Local
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Local actions

• are subordinate to state laws
• must be reasonably related to public health,
  safety, welfare, morals
• must not violate concepts of
• Due process
• Equal protection
• Unlawful taking of property without compensation

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Land Use Power
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Local Government

• Direct control private and local public lands
  within boundaries
• policy direction
• implementation

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Local compliance with state laws?

• Enforced by citizens, not the state!
• Enforced through the courts!
• lawsuits to compel local government to follow
  planning laws and/or CEQA

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Types of Local Government
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http//www.sccgov.org/SCC/docs/Planning,20Office
20of20(DEP)/attachments/634938IncorpMap(low-res).
pdf
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http//www.sccgov.org/scc/assets/docs/631336pl_lan
duse_map.pdf
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Boundaries
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Importance of Local Boundaries

• Regulations vary from jurisdiction to
  jurisdiction
• Control of territory means control of tax base
• City boundaries determine which areas get city
  services

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Local Area Formation Commissions (LAFCOs)

• Required by California law in each county to make
  boundary decisions
• Representation
• 2 county sups
• 2 reps from countys cities
• 1 member of the public
• maybe special district rep (e.g. schools)

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LAFCO Goals

• Stop competition among cities
• Minimize sprawl
• Encourage efficient urban services

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LAFCO Decisions

• Incorporations
• Annexations
• Designation of sphere of influence
• Dissolution (de-incorporation)
• Detachment (de-annexation)

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Incorporation

• Community decides to become a city
• LAFCO does fiscal review to show that city can
  provide for services
• Residents vote
• Since 1992 Incorporation cant hurt county
  financially few new cities

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EDH Incorporation Core Values

• Community Safety
• Dedicated Law Enforcement-City Police
• Fire and EMS-Provided by EDH Fire Dept
• Ambulance- Provided by County JPA/EDH Fire Dept

• Local Government
• City services replace many County Services
• New Revenues from the State
• Elected City Council
• CSDs consolidated

• Economic Prosperity
• More tax dollars stay in EDH
• Economic Development Plan which promotes Local
  Businesses
• Recreational Facilities Expansion

Cityhood for El Dorado Hills enables significant
improvements in our Quality of Life -
Traffic/Roads, Local Services, and Recreation
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Annexation

• City brings new land within its boundaries,
  provides services
• Hearing required, vote may be required

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Red/pink 1980s Light pink 1990s
Green lt 1950 Yellow 1960s Red/orange 1970s
Source http//www.city.davis.ca.us/gis/growth/
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Davis Enterprise Tuesday, April 3, 2007 Should
city annex new UCD tract? West Village, UC
Davis 1,600-home neighborhood that should be
complete by 2015, does not need Davis City
Council approval. As a separate
constitutional agency, the University of
California Regents hold the authority to plan
land use on campus. Because the property is
currently located outside city limits and within
Yolo County, any proposal for annexation by the
city requires discussion and an agreement with
the county. Greenwald said she wants the
development within city limits, but concedes that
the costs and revenue should pencil out for the
city if possible. There are benefits beyond
dollars, however. I want the faculty and the
students to be able to vote in Davis, she said.
And it is true that if they dont get to vote,
they dont feel the same way about living here.
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http//www.sccgov.org/SCC/docs2FPlanning2C20Off
ice20of2028DEP292Fattachments2FMakingYourCit
yWhole.pdf
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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 updates every 5 years
• Important for long-range planning!

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http//www.city.davis.ca.us/story/pdfs/changes_to_
soi.pdf
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http//www.city.davis.ca.us/story/pdfs/Davis_prefe
rred_Sphere_of_Influence_Map.pdf
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Davis Enterprise Tuesday, April 1, 2008 Davis
wants control Is open space better protected
from development within a citys sphere of
influence or outside of it? That question went
unanswered at a meeting Monday night at which the
public had an opportunity to comment on Davis
proposed updated sphere of influence. The Davis
City Council is betting that a bigger sphere of
influence will better protect open space from
development, but a Yolo County Local Agency
Formation commissioner and public speakers said
the opposite effect could occur. it was
difficult to determine whether a larger sphere
would protect open space or signal to landowners
that the citys outskirts were ripe for
development.
See http//www.city.davis.ca.us/story/?storySpher
e_of_Influence
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LAFCO Issues

• Politics!
• Differences in policies
• Sacramento County 60 live outside city limits
• Santa Clara County 10-15 live outside city
  limits

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http//www.saccounty.net/portal/cities-in-the-coun
ty/docs/Cities-Colored-4-10-0320.pdf
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Regional Planning
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Regional Problem

• Problems that dont abide by local boundaries
  e.g. air quality, congestion, housing, jobs, etc.
• Multiple jurisdictions that each have own
  interests and priorities e.g. maximizing tax
  revenues

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Regional Planning

• Voluntary joint planning efforts
• ex. Yolo County, Davis, Woodland
• Regional planning agencies
• Bay Conservation and Development Commission
  (BCDC)
• California Coastal Commission (CCC)
• Tahoe Regional Planning Agency (TRPA)

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http//www.bcdc.ca.gov/
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http//www.bcdc.ca.gov/index.php?cat19
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http//www.sfgate.com/cgi-bin/object/article?f/c/
a/2007/02/18/MNG6SO72DJ1.DTLo0
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http//www.trpa.org/default.aspx?tabindex0tabid
3
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http//www.coastal.ca.gov/web/
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State Government

• Direct control some public lands
• Direct guidance State Planning Law sets
  procedure, issues to consider
• Planning, Zoning, and Development Laws
• General Plan Law
• Subdivision Map Act
• California Environmental Quality Act (CEQA)
• AB32 on Greenhouse Gas Emissions???

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California State Parks

• 1.4 million acres, with over 280 miles of
  coastline 625 miles of lake and river frontage
  nearly 15,000 campsites and 3,000 miles of
  hiking, biking, and equestrian trails.

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Caltrans
Land usage by Caltrans since 1992 47,262 acres
http//www.ocregister.com/ocregister/news/investig
ations/caltrans2006/graphics/article_1312287.php
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http//www.universityofcalifornia.edu/aboutuc/AgNR
S2002-24x3620.pdf
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California State Lands Commission
http//www.slc.ca.gov/Division_Pages/LMD/Documents
/lmd_brochure.pdf
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Key State Agencies

• Governors Office of Planning and Research (OPR)
• Business, Transportation, and Housing Agency
• California Department of Transportation
  (Caltrans)
• Department of Housing and Community Development
  (HCD)
• California Resources Agency
• California Department of Fish and Game
• California Air Resources Board
• California Energy Commission

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Federal Government

• Direct control public lands
• Indirect control many ways!
• Endangered Species Act
• Clean Water Act
• Clean Air Act
• Transportation Act SAFETEA-LU
• Tax code e.g. mortgage deductions
• And so on

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http//www.epa.gov/region09/indian/mapca.pdf
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Key Federal Agencies

• Environmental Protection Agency (EPA)
• National Environmental Policy Act (NEPA)
• Clean Air Act
• Clean Water Act
• Department of Transportation (DOT)
• SAFETEA-LU
• Fish and Wildlife Service (FWS)
• Endangered Species Act

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Thursday

• Mitch Sears, City of Davis

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Next Tuesday

• General Plans!
• Reading
• Chapter 6 in book
• General Plan Guidelines in Reader
• Section on Monday
• To plan or not to plan