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661 Midterm Flashcards

1
Q

What are the five main reasons there are cities?

A
  1. Expand civilized footprint
  2. Colonization/control of land, people
  3. Access to resources for use and exchange
  4. Trade and human interaction
  5. Concentration of effort/labor
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2
Q

What features determine a city’s location?

A
  • defensible location
  • clean air, water, drainage
  • natural resources and food supply
  • point of processing or manufacture
  • transport/trade route
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3
Q

What are some components that make a good city?

A
  • adequate housing
  • clean air, water, good drainage
  • usable open space
  • access to consumer needs
  • easy transport/circulation
  • ability to distribute consumer necessities
  • educational/cultural opportunities
  • accessible health care
  • diverse populations, building types, sizes, ages.
  • permeability of districts
  • mixed uses
  • sense of safety
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4
Q

What are the three factors to urban resilience?

A
  • physical/natural (climate change)
  • socio-economic (gentrification, employment)
  • Technological (smart infrastructure)
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5
Q

What makes an effective governance structure?

A
  • current land use plans and zoning
  • capital program process
  • meaningful community participation
  • transparent decision-making
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6
Q

Define planning

A

shape the growth and physical form of the city to create attractive, efficient, healthful, sustainable and equitable environments.

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7
Q

Why do we plan?

A
  • support efficient use of resources
  • provide adequate housing and shelter
  • promote economic development
  • create, maintain safe, healthy environment
  • generate resources
  • foster equity
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8
Q

Who are the six stakeholders we plan for?

A
  • property owners
  • business operators
  • occupants
  • visitors and service users
  • government
  • future participants
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9
Q

What is the role of planning?

A

Provide the greatest public good with the least private harm

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10
Q

What are Kevin Lynch’s five elements of a city?

A
  • paths
  • edges
  • districts
  • nodes
  • landmarks
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11
Q

What are factors that affect a city’s natural capacity?

A
  • soils and bedrock stability, fertility
  • plant material
  • supply of potable water
  • water drainage, waste management
  • air circulation
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12
Q

What are engineered methods to address natural limitations?

A
  • building methods/building on appropriate sites, soils, bedrock
  • renewable/green building materials
  • stormwater management
  • shoreline barriers
  • greenways
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13
Q

What are land development mechanisms to address growth?

A
  • wetland preservation
  • blue and green infrastructure
  • waste water treatment plants
  • engineered open space
  • farmland preservation
  • mixed use/TOD
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14
Q

What measures must cities plan for in order to be resilient?

A
  • emergency supply/stock piling
  • temporary housing
  • design standards/development limits
  • restrictions on building in certain locations
  • buyouts to prevent reconstruction in risk areas
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15
Q

What are factors that result in a city’s decline?

A

-depletion or exploitation of resources (mining towns)
expansion beyond natural carrying capacity (NOLA)
-Loss of demand for key industry (rust belt)
-major changes in transport and technology
-lifestyle changes (suburbs)
-obsolescence of buildings (urban renewal structures, industrial buildings no longer used)
-built urban design is too constraining (highways in urban areas)

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16
Q

Taxes based on property condition _______ (promote/discourage) disinvestment

A

promote

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17
Q

Over-zoning _____ (promote/discourage) speculative intensification of communities

A

promote

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18
Q

Making land use decisions based on the resultant municipal income can result in incompatible mixes and ______ vehicular travel

A

worsen

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19
Q

Public Investment creates winner and loser communities based on what factors?

A

decisions on timing and placement

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20
Q

What are some ideas that many private landowners share about land rights?

A
  • wide latitude
  • right to develop
  • private property and individual right
  • regulation should minimize land use restrictions
  • central pillar of American society
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21
Q

What are some complaints many private landowners share about land use regulation?

A
  • reduces land values and unfair
  • unequal treatment
  • unfairly requiring private property owners to benefit public
  • American values under attack
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22
Q

How are planners affected by the 1st amendment?

A
  • sign regulation
  • adult businesses
  • location of religious institutions
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23
Q

How does the 5th Amendment apply to planning?

A

Eminent domain. “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

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24
Q

How does the 14th Amendment (civil rights act of 1964) apply to planning?

A

Equal protection under the law which includes all land use and planning regulation.

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25
Q

How does the 10th Amendment (states rights) apply to planning?

A

Relegates land use decisions to the states and subsequently to the cities.
“Any powers not delegated to the US by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people.”

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26
Q

What is a planner’s police power?

A

The broad authority of government to enact regulation to protect the health, safety, welfare, and morals of its citizens.

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27
Q

Who makes up “local” government?

A
  • county
  • county board of supervisors
  • city
  • city council
  • mayor
  • city manager
  • departments or agencies
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28
Q

(T/F) When a hearing takes place to determine a regulatory decision, it is always held in a court of law.

A

False. It can sometimes just be with a staff person. You can have a chance to appeal.
City Councils have quasi-judicial role sometimes ruling on a dispute.

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29
Q

Most states (except LA) use common law practice in judicial decisions. What does that mean?

A

They rely on prior case law to determine future decisions using it as a precedent and then interpreting it by judge/jury for that particular set of circumstances.

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30
Q

What issues does the county typically address?

A

water, jails, foster care, homelessness, etc.

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31
Q

What is the “bundle of sticks” concept refer to?

A

Property rights are a bundle of sticks that can be individually taken away.

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32
Q

What are the “sticks” that can be included/removed from the rights of a given property?

A
  • indefinite
  • right to exclude
  • inherit
  • transfer
  • build upon
  • use surface
  • extract things from
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33
Q

Name three types of possessory land rights.

A
  • Fee Simple Estate (college campuses, single family home)
  • Lease (tenant)
  • Ground Lease (P3’s, airports)
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34
Q

Name three types of non-possessory land rights.

A
  • Easement
  • Covenants and restrictions
  • water and mineral rights
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35
Q

(T/F) Property Rights are absolute.

A

False. Bundle of rights

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36
Q

In the Euclid case, what was the argument of the plantiff (Ambler Realty) to allow industrial use in an area prohibiting it?

A

violation of the 14th amendment. “taking”. Plantiff had bought land with the intention of industrial use and then the City changed the zoning.

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37
Q

What was the decision of the courts on the Euclid case and why is it significant?

A

The zoning regulation was determined to be justified on the Ambler property and was not arbitrary or unreasonable.
It was valid because it PROTECTED THE HEALTH, SAFETY, AND WELFARE OF PUBLIC establishing “Euclidean Zoning” regulation throughout the country. It determined that zoning regulations that separate uses ARE a valid exercise of the police power.

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38
Q

How is the scope of the police power regarding zoning regulation ascertained? (Euclid case)

A

Through the law of nuisance that it is “the right thing in the wrong place”… pig in a parlor analogy.

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39
Q

In the Nectow case, what was the argument of the plantiff (Nectow) regarding the way his land was zoned?

A

Splitting the parcel into both residential and unrestricted prevented him from selling the parcel and violated due process.

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40
Q

What was the decision of the courts on the Nectow case and why is it significant?

A

The courts ruled in favor of the plantiff agreeing that no practical use could be made of the plaintiff’s land.
The zoning ordinance was unconstitutional becuase there was no substantial relationship to the community’s health, safety, and welfare. “No rational basis”. This resulted in parcels being uniformly zoned and not split.

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41
Q

What are the two cases that define the spectrum of land use regulation?

A

Euclid (defined scope) and Nectow (defined the limitations of the scope)

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42
Q

Define Eminent Domain

A

POWER of government to take private property (real or personal) from someone else.

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43
Q

Define Condemnation

A

ACT of a government body exercising eminent domain.

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44
Q

What is another name for condemnation?

A

“Taking”

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45
Q

What is a regulatory taking?

A

where a government creates land use laws or exercise its regulatory authority over land use matters in such a way that it results in a taking.

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46
Q

How is “just compensation” defined by law to meet the requirements of the 5th amendment?

A
  • Fair market value
  • highest and best use
  • economic expectations
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47
Q

What is the significance of the Kelo v. City of London decision?

A

The court ruled in favor of the city that the constitution allows corporations to be viewed as a public purpose. Due to backlash, many states narrowed the definition of public purpose significantly to avoid corporate overreach.

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48
Q

What are types of regulatory takings?

A
  1. Permanent Physical Invasion.
  2. Inverse condemnation
  3. Forced Entry Exaction
  4. Other regulatory takings
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49
Q

What is a permanent physical invasion as a form of taking?

A

Landowner is NOT applying for entitlements. Gov’t requires a portion of the property to be invaded (even if it is small).

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50
Q

What is the significance of the Loreto case as it relates to takings?

A

Apartment owners argued that the installation of tv cable lines in their buildings was a taking. The court agreed but no damages were given as it was such a small amount of property being taken. (permanent physical invasion)

51
Q

What is inverse condemnation as a form of taking?

A

Landowner is NOT applying for entitlements. Regulation prevents them from using the property for ANY economically beneficial purpose. Gov’t must PROVE that there was a reason for preventing use otherwise seen as a “per se taking”

52
Q

What is the significance of the Lucas case as it relates to takings?

A

Regulation prevented him from building ANYTHING on the land he owned. He won.

53
Q

What is the $1 rule as it relates to takings?

A

If the property can generate a dollar of value, it cannot be considered an inverse condemnation.

54
Q

What is forced entry exaction as a form of taking?

A

Landowner IS applying for entitlements. Condition of approval is for public use on some portion of the land or a monetary exaction fee.

55
Q

What are the two factors the courts are looking for when determining forced entry exaction?

A

“essential nexus” (Nollan) and “rough proportionality” (Dolan)

56
Q

What is significant in the Nollan case as it relates to forced entry exaction?

A

It defines the “essential nexus” that the regulation is relevant to the context. Public requested an easement to public access to the ocean on their beachfront property to prevent beachwall effect. But in Ventura-Oxnart they did not have beachwall effect so NO nexus.

57
Q

What is significant in the Dolan case as it relates to forced entry exaction?

A

It defines the “rough proportionality” establishing if the public ask is roughly the same proportion as the private one. Government asked for a laundry list of requests that was no proportionate the entitlements requested from the plumbing store’s expansion.

58
Q

What is the significance of Grand Central Station case relative to takings case law?

A

The landowner was denied entitlements to tear down grand central station in favor of a high rise because protection of the historic structure was determined to be in the public interest. This interfered with their economic expectations but could still draw economic impact so not a Lucas case. It established the transference of air rights to other areas allowing sites with high density zoning to remain low density and still be economically feasible due to the selling of their air rights.

59
Q

(T/F) US has embraced the concept of housing as a basic human right.

A

False. homes were initially used as a way to settle the continental interior (“homesteading”).

60
Q

What was the significance of the Federal Housing Act pre-1949?

A
  • put people back to work
  • set uniform construction standards
  • stabilized mortgage market
  • focus on single family detached development (birth of suburbs)
  • longer terms to reduce cost
  • preferable rates (to white families only)
  • initiated red-lining practices leaving POC unable to build wealth in their homes.
61
Q

What was the focus of Federal Housing Acts 1949 and beyond?

A
  • Focused on slum clearance
  • Required removal of one slum unit for each new unit.
  • Many communities did not participate to avoid affordable housing to (often) minority households.
  • Implemented exclusionary zoning to keep out multi-family development and reinforced “red-lining” practices.
62
Q

What was the difference between federal housing policy in the 1950’s and 60’s vs. after 1968?

A

Pre-1968, slum clearance and public housing was built in or near other depressed areas, compounding deterioration and crowding. After 1968, the gov’t moved to favor occupancy subsidies rather than expanding housing stock.

63
Q

What is the significance of the establishment of block grants in the 1970’s for housing policy?

A

they gave local jurisdictions more flexibility to regulate housing policy and direct resources but allocations also slowly dried up reducing funding for housing.

64
Q

What have been the difficulties in the federal government only funding emergency and permanent supportive housing to deal with the homeless crisis?

A

It does not account for households who need transitional aid and social services before moving into permanent housing.

65
Q

What was the philosophy of early transportation policy?

A

“Taming” the continent through railroad and rural roadways.

66
Q

What was the purpose of the Interstate Highway Act of 1954?

A

To connect metropolitan regions for cold-war military efficiency

67
Q

Why did road move towards being designed with limited access?

A

Seen as improving safety by limiting intersections where accidents most often occured.

68
Q

Why did interstates extend into central cities in the 1950’s?

A

As suburbs grew they needed to be connected to business and job retention in the urban core.

69
Q

In 1950’s Federal government offered ___% of construction costs to locals to promote highway development vs. ____ % for transit.

A

90%, 50%.

Urban pushback in the 1970’s increased transit share to 75%.

70
Q

What is the change in transportation funding in recent years?

A

federal more balanced between transit and highways but declining contributions. Looking to states to match funding. Emphasis on capital improvements with little funding towards maintenance.

71
Q

When was the first comprehensive attempt to articulate urban policy in the US?

A

1960’s. “Great Society”

72
Q

What were the four prongs of the Great Society?

A
  1. Physical (urban renewal)
  2. Environmental (clean air, water, superfund)
  3. Social (poverty reduction, education)
  4. Safety (crime reduction, war on drugs, terrorism response)
73
Q

What was the Democratic response to the urban riots of the 1960’s? Republican Response?

A
  • Democratic response: better quality of housing stock, access to jobs.
  • Republican response: improve air and water conditions
74
Q

What was one of the first project examples after moving to distribution of block grants and local initiatives?

A

Model Cities program

75
Q

What was the policy change that resulted from the public backlash to urban crime?

A

Change of focus from environmental and safety to focus on drugs and urban crime with police-based responses.

76
Q

What are some of the main urban policy challenges of this generation?

A
  • affordable housing and gentrification
  • homelessness reduction
  • greenhouse gas reduction
  • resilience
77
Q

What is the difference between “de facto” affordable housing and covenanted affordable housing?

A

De facto (NOAH) is affordable based on area housing prices and median incomes.

Covenanted is targeted to specific income levels, sale or rental price set for a guaranteed period of time, and controlled with deed restrictions.

78
Q

What forms does affordable housing take?

A
  • shelter (emergency/temp.)*
  • transitional*
  • single room (adult)
  • Multi-bedroom (family)
  • Elderly
  • not paid through HUD funding
79
Q

Recommended metric for affordability: households pay ___% of AMI number for rent and __% for ownership housing.

A

30%, 35%.

80
Q

What is the definition of moderate income in terms of AMI?

A

120% of area median income

81
Q

What is the definition of low-income in terms of AMI?

A

80% of area median income

82
Q

What is the definition of very low income in terms of AMI?

A

50% of area median income

83
Q

What is the definition of extremely low in terms of AMI?

A

35% of area median income

84
Q

What is the common duration for affordability restrictions on a property?

A

30 years. Rents adjust annually with AMI.

85
Q

What are potential solutions to address homelessness?

A
  • rapid re-housing (doesn’t increase supply)
  • create more affordable housing units to match income need.
  • create transitional housing and off-street refuge areas
  • increase household incomes (living wage)
86
Q

What are the barriers to resolving homelessness?

A
  • Community opposition to placement of shelters, care facilities, and housing.
  • lack of affordable land
  • cost of construction
  • limitations on funding
  • time and cost to build trust, accept services
  • uncertainty for providers
87
Q

What is the role of housing affordability in economic development?

A
  • attracts workers
  • well-designed residential areas support commercial activity
  • well placed housing facilitates transit usage
  • mixed income in diverse communities facilitates successful neighborhoods.
  • 24 hour presence on the street (safety)
88
Q

What is the potential negative impact of public improvements to a neighborhood?

A

-raise property values which may be detrimental to local residential and commercial occupants.

89
Q

What is the tension for a city when considering public improvements?

A

The improvement could result in a higher tax base because of new interest in the area. This could also result in gentrification and displacement of existing residents.

90
Q

What are short-term solutions to building resilient communities?

A

emergency supply storage and temporary housing/business assistance

91
Q

What are long-term solutions to building resilient communities?

A

design standards, restrictions on land use, buyouts in high risk areas.

92
Q

What makes the police power an inherent power?

A

It is within the legislative function.

93
Q

What makes the police power a plenary power?

A

complete and unqualified legislative power, empowering the legislature to do what is necessary to ascertain what it needs to know and enact legislation.

94
Q

What makes police power a reserved power?

A

it is reserved under the 10th amendment to the states and often delegated to local municipalities.

95
Q

What planning power is exercised when something is harmful to the public?

A

police power

96
Q

What planning power is exercised when something is deemed useful to the public?

A

Eminent Domain

97
Q

(T/F) All of the following are examples of the police power: building large public parks, farmland preservation, disease prevention, regulations on building aesthetic, food security measures.

A

True. Definition is broad as it concerns H+S+W.

98
Q

What is Dillon’s Rule and what does it regulate?

A

It controls municipal power to only those powers that are “expressly granted, necessarily implied, and essential and indispensable.” (power for federal government to give and take away powers)

99
Q

When has Dillon’s rule been used?

A

To strike down municipal ordinances imposing taxes not clearly authorized by the state. It has also allowed municipalities to have “home rule” powers.

100
Q

What were two lessons in Nectow?

A

municipalities should place the boundaries of the use districts in the middle of the streets, and pay more attention to surrounding uses.

101
Q

Of health, safety, and welfare which do the courts see as broad and inclusive?

A

Welfare. “beautiful as well as healthy” “spacious as well as clean” “well-balanced as well as carefully patrolled”.

102
Q

(T/F) Regulations on street vending, billboards, obscenity, and municipality’s aesthetics are valid exercise of the police power.

A

True. Within reason. Overreach could trigger a 1st amendment violation.

103
Q

What were the three administrative planning bodies established between 1924-1928 that are still used today?

A
  • Zoning Commission
  • Board of Zoning Adjustments or appeals
  • Planning Commission
104
Q

What was the significance of the Berman case for eminant domain?

A

It validated eminent domain when the public purpose was to create jobs for the community. The property was to be passed to a corporation identified at the time of condemnation does not lessen the public purpose. This was later validated in “rustbelt” states that used it economic development.

105
Q

What does the court mean when it requires that public purpose be “conceivable” and “clear and significant”?

A

It must be conceived by legislature supported by substantial evidence.It requires a reasonable nexus that requires the extent of the police power meet the rationale basis for the action.

106
Q

What did the supreme court (Justice Marshall) comment was “one of the most essential sticks on the bundle of rights”

A

Right to exclude

107
Q

What time in American history did cities across the country explode in population? What does Richard Florida characterize this time period?

A

Between 1870-1900. Rose to more than 20 million total.

“The First Reset”

108
Q

What the difference between people’s relationship to work before and after the “First Reset”.

A

Before- Extremely compact with city dwellers living where they worked.
After- Work was a place to go and cities became more differentiated in their uses. Birth of the “factory, railroad, and slum”. Segregated classes, tenement housing, department stores, and zoning codes, the “weekend” emerged

109
Q

Though Detroit has lost more than a million people since its midcentury peak, why is it still the 11th largest metro in the US?

A

Many of its population remains stuck- unable to relocate for financial reasons.

110
Q

What was one of the solutions Pittsburg employed after the decline in manufacturing in the 70’s and 80’s?

A

many people pursued higher education and training through state and city money and individual contributions.

111
Q

What do many urban economists recommend when choosing between retraining or relocating people vs. fostering geographic targeted reinvestment?

A

People first. This may mean that we abandon cities that no longer offer economic vitality as people move towards more skilled, centralized cities.

112
Q

What are new ways that Florida gives to spur economic development?

A

support local entrepreneurship, develop arts and culture, support local festivals, attract and retain people. Invest in local assets, spur local businesses, and better employ local people, improve the quality of place.

113
Q

According to Glaeser, how have pre-industrial cities reinvented themselves after the decline in manufacturing?

A

returning to old, preindustrial roots of commerce, skills, and entrepreneurial innovation.

114
Q

According to Glaeser, what was the danger of employment focused solely on manufacturing as it relates to the future growth of a city?

A

The focus on low-skilled work were antithetical to the urban virtues of competitions and connection hurting cities like Detroit in the long run.
“Detroit was dominated by a single industry that employed hundreds of thousands of less-skilled workers in three vast vertically integrated firms”

115
Q

What was the turning point in reducing union labor in the United States and how did that affect cities?

A

The Taft-Hartley Act of 1947 allowed states to pass right-to-work laws that forbid closed shops allowing firms to choose non-union labor. This meant that manufacturing would move to right-to-work states for cheaper labor.

116
Q

What were the strengths and weaknesses of Mayor John Lindsey in 1960’s NYC?

A

He fought police brutality and cooled temperatures after MLK shooting.
He was unable to negotiate with unions leading to cost overruns and almost led New York into bankruptcy.

117
Q

During the 1960’s, why did more progressive northern cities see riots than the Jim Crow South?

A

Draconian enforcement that severely punish rioting have fewer riots.

118
Q

What is the “Curly effect?”

A

Named after Mayor Curly in Boston in the 1910’s who cast himself as a champion of a poor ethnic minority (the Irish) and talked disparagingly about Anglo-saxons which encouraged them to leave the city. This “righteous anger rarely leads to wise policy.”

119
Q

What is the “Edifice Complex”?

A

Funding new buildings to present an image of urban success. The federal government exacerbates this by offering billions for structures and transportation and far less for schools or safety. “Building should be the result, not the cause, of success.”

120
Q

What is the problem with giving business tax cuts in disadvantaged areas?

A

They are extremely inefficient. $100K in tax breaks for 1 job.

121
Q

According to Dreir, what are some of the ways that cities have experienced financial distress?

A
  • cut in federal and state aid. “Since 1977 federal aid has declined from 15 percent to 5 percent.”
  • wealth relocating to suburbs losing their tax base.
  • regulation that limits how much or who cities can tax.
  • spending requirements posed by federal or state governments without providing funding needed. (e.g. homeland security, no child left behind)
  • additional spending required to serve the additional poor residents.
  • cities with high poverty rates, large immigrant populations, and large proportions of school-age children have harder time raising revenues and face greater expenditure needs.
122
Q

According to Dreir, most state aid addresses _____ disparities, not social disadvantages which even if aid is equal will not compensate for the additional social disadvantages that hold back children in areas of concentrated poverty.

A

fiscal

123
Q

According to Dreir, what is the difference between a conservative mayor, traditional liberal politicians, and progressive politicians?

A

Conservative mayors look to attract businesses by reducing regulation and providing subsidies.
Liberal politicians want businesses to hire local residents or minorities in exchange for tax relief or subsidy. Progressive politicians resist subsidy and require companies to agree to pay decent wages, contribute funds to affordable housing, or provide long-term benefits. “willing to test the limits and call business’s bluff.”

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