Fundamental Planning Knowledge Flashcards
What are the 4 theories of urban development?
Concentric Circle (Burgess Urban Land Use Model - 1925; growth in rings from the center)
Sector (Hoyt - 1939; based on transportation routes with sectors radiating out from the center of the city)
Multiple Nuclei (Harris & Ullman - 1945; develop in series of specific land use nuclei depending on accessibility to resources, similar uses, land prices, and repelling power of land uses)
Central Place (Christaller - 1933; minimum market threshold to bring a firm to a city and a maximum range that folks are willing to travel to receive goods and services)
What are the three major constitutional principles associated with planning?
1st Amendment: Freedom of Speech, Freedom of Religion, and Freedom of Association (applies to adult uses and signs; religious facilities; and group homes)
5th Amendment: Just compensation for takings (applies to cases of taking sand eminent domain)
14th Amendment: Due process, substantive due process, procedural due process, and equal protection (due process can be applied to takings, eminent domain, and exactions (a condition for development imposed on a parcel of land); substantive due process is about the validity of the rule itself [aesthetics]; procedural DP is about whether the rules were applied fairly [how an ord. was applied]; equal protection is often applied to exclusionary zoning)
A taking without just compensation violates which amendments?
5th and 14th
Welch v. Swasey; 214 U.S. 91 (1909)
The Court established the right of municipalities to regulate building height. An act in 1905 in Massachusetts enabled the limitation of building heights and the court held that height discrimination is based on reasonable grounds, is a proper exercise of the police power of the state, and does not violate the equal protection and due process clauses of the 14th Amendment.
Eubank v. City of Richmond; U.S. Supreme Court (1912)
The state had a statute authorizing cities and towns to establish building lines. The ordinance allowed the owners of two-thirds of the land abutting any street to request a building line. The court struck down the ordinance because they were against the delegation of this authority to private citizens. However, the Court acknowledged that the establishment of building lines was a valid exercise of the police power.
Hadacheck v. Sebastian; U.S. Supreme Court (1915)
The Court first approved the regulation of the location of land uses. The court found that a zoning ordinance in Los Angeles that prohibited the production of bricks in a specific location did not violate the 14th Amendment Due Process and Equal Protection clauses of the 14th Amendment of the Constitution.
Village of Euclid v. Ambler Realty Co.; U.S. Supreme Court (1926)
The Court found that as long as the community believed that there was a threat of a nuisance, the zoning ordinance should be upheld. The key question before the court was whether the Village of Euclid’s zoning ordinance violated the Due Process and Equal Protection clauses of the 14th Amendment of the constitution. The key outcome of the court was that it upheld modern zoning as a proper use of police power. Alfred Bettman filed an influential brief with the court.
Nectow v. City of Cambridge; U.S. Supreme Court (1928)
Two years after Euclid v. Ambler, the Court used a rational basis test to strike down a zoning ordinance because it had no valid public purpose (e.g., to promote the health, safety, morals, or welfare of the public). The Court ruled that it was a violation of the due process clause of the 14th Amendment.
Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals (1972)
The court upheld a growth management system that awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access, and firehouses. A proposal would only be approved upon reaching a certain point level. Developers could increase their point total by providing the facilities themselves.
Construction Industry of Sonoma County v. City of Petaluma; U.S. Court of Appeals for the 4th Circuit (1975)
The Court upheld quotas on the annual number of building permits issued.
Associated Home Builders of Greater East Bay v. City of Livermore; California Supreme Court (1976)
The Court upheld temporary moratoriums on building permits.
State police power comes from what amendment?
10th - gives states the rights and powers not delegated to the United States. States are granted the ability to regulate behavior and enforce laws that will sustain the health, safety, morals, and general welfare of the people. This right was upheld in Mugler v. Kansas (1887) in which the Supreme Court found that a state had the right to regulate a brewery.
What is Dillon’s Rule?
Dillon’s Rule applies in states where the rights of cities are only those that have been specifically authorized by the state. Thirty-nine states employ Dillon’s rule to all municipalities, while eight states employ the rule for certain types of municipalities.
What is Home Rule?
Home Rule states are those in which cities have the right to develop their own regulations, except where the state has specifically stated otherwise.
What are theories of urban development used for?
Theories of urban development are used to help us understand the pattern and form that development takes. Several of these theories, reviewed below, have become dominant in the planning field. Though they are historical and somewhat abstract (cities do not grow in concentric circles), in varying degrees, cities still seem to hold some aspects of each theory.
How are theories of planning practice used?
What are the 7 theories of planning practice?
Theories of planning practice are about how planners perform their work.
- Rational
- Incremental
- Mixed Scanning
- Advocacy
- Transactive
- Radical
- Communicative
What are the basic steps in rational planning?
Set Goals
Determine Alternatives
Evaluate the Alternatives
Choose an Alternative
Implement the Alternative
Evaluate
Rational planning can only work when the problem can be easily defined and there can be the best solution.
Rational planning should not be used if there is no consensus within a community on a particular issue.
Another criticism of rationality is that it does not specify who sets goals. Rationality is supposed to be value-free. Goals are based on public interest, defined as the good of the whole community. Rational planning should not be used if there is no consensus within a community on a particular issue.
Rational planning was the dominant planning theory through the 1950s. Transportation planning is one area in which rational planning persists.
Who introduced the concept of incrementalism?
Charles Lindblom, 1959, “The Science of Muddling Through”. Lindblom argued that people make their plans and decisions in an incremental manner, accomplishing their goals through a series of successive, limited comparisons. He suggested that planning has to be piecemeal, incremental, opportunistic, and pragmatic. Planning in the real world is not rational and comprehensive, but is instead disjointed and incremental. The planning process is focused on solving existing problems rather than on achieving a future desired state. An example in many communities is the zoning ordinance. Planning departments rarely conduct a complete overhaul of the zoning ordinance; instead, the zoning ordinance is tweaked to assist in achieving the goals of the comprehensive plan. As with rational planning, incrementalism does not specify whose values should be used in establishing goals.
Who introduced the concept of Mixed Scanning?
Amitai Etzioni introduced the concept of mixed scanning as a compromise between rational and incremental planning theories. Mixed scanning views planning decisions at two levels: the big picture and the small picture.
Etzioni argued that fundamental policy-shaping decisions should be based on a more careful rational analysis of alternatives. Implementation decisions, on the other hand, should use an incremental approach.
Mixed scanning improved upon incrementalism by recognizing the difference between policy-changing decisions and implementation decisions. As an example, a comprehensive plan would be created using the rational planning approach, while the implementation of the plan would use an incremental approach.
Mixed scanning assumes that there is a centralized decision-making process. As with the rational and incremental approaches, it does not identify who is involved in the process or whose values are used.
Who developed Advocacy Planning and when?
Advocacy Planning was developed in the 1960s by Paul Davidoff as a way to represent the interests of groups within a community. Prior to the development of advocacy planning, planning practice was based on the public interest, in turn, defined as “the good of the whole.” However, planning for the good of the whole results in inadequate representation for many groups. Davidoff argued that planners should represent special interest groups rather than acting for the good of the whole community.
The advocacy planner should be responsible for a particular interest group in the community and create plans that express that group’s values and objectives. Planners would either work directly for the interest group or as an inside advocate at the city hall.
Advocacy planning shifted for whom the planner plans, but it did not change what the planner does. The planner would still utilize rational and incremental approaches to planning.
While advocacy planning promoted the planner as an advocate for special interest groups, some argued that the role of the planner should be to advocate specifically for the disadvantaged in the community. This is known as equity planning.
What type of planning followed advocacy planning?
While advocacy planning promoted the planner as an advocate for special interest groups, some argued that the role of the planner should be to advocate specifically for the disadvantaged in the community. This is known as equity planning.
Norman Krumholz adopted equity planning in Cleveland during the 1970s and helped make the needs of low-income groups the highest priority. Krumholz’s view on equity planning was that planners should work to redistribute power, resources, or participation away from the elite and toward the poor and working-class residents of the community. Increased emphasis should be given to the process of personal and organizational development, not to specific community objectives. Plans are evaluated on improvements to the quality of life, not the delivery of services.
Who developed Transactive Planning and why?
In 1973, John Friedmann published the book Retracking America: A Theory of Transactive Planning. While Advocacy Planning focused on working with specific groups in a community, the planner still served as the technical expert that determined alternatives. Transactive planning theory was developed in the 1970s as a way to get the public more involved in the planning process.
In transactive planning, the planner meets with individuals in the community to discuss issues and help develop a plan. Through a process of “mutual learning,” the planner shares technical knowledge, while the citizens provide community knowledge.
There are a number of criticisms of transactive planning. The first is that it takes a large amount of time to meet with individuals and utilize the mutual learning process. Second is the question of how to evaluate the importance of each person’s community knowledge. Third, transactive planning cannot work in situations in which there are large differences of opinion and/or many stakeholders.
Who developed Radical Planning and why?
In 1987, John Friedmann published a book titled Planning in the Public Domain: From Knowledge to Action. In it, he discusses the concept of radical planning, which involves taking power away from the government and giving it to the people. In this process, citizens get together and develop their own plans.
What is Communicative Planning?
Communicative planning is currently the theory of choice among planning practitioners. Planners around the nation have moved towards more open planning that includes a much more intensive citizen participation process.
This theory recognizes that planning operates within the realm of politics and that it contains a variety of stakeholder interests. The communicative approach tries to use a rational model as a basis for bringing mutual understanding among all stakeholders. Planners can provide the stakeholders with information and bring people together to discuss the issues.
The communicative planner’s primary function is to listen to people’s views and assist in forging a consensus among different viewpoints. The planner’s role is to mediate among stakeholders through talk and discussion. Here, social interaction can be structured to foster group understanding and consensus.
Where did Communicative Planning evolve from/which planning theories did it develop on?
Communicative planning grew out of American pragmatic philosophy and European critical theory, essentially considering how citizens and planners come together to create a plan (American pragmatism). Additionally, it evolved out of advocacy planning and transactive planning. However, it is a shift from planning for different groups of people to a situation where the planner acts as a facilitator among stakeholders.
The communicative planner’s primary function is to listen to people’s views and assist in forging a consensus among different viewpoints. The planner’s role is to mediate among stakeholders through talk and discussion. Here, social interaction can be structured to foster group understanding and consensus.
What is a Health Impact Assessment (HIA)?
The World Health Organization defines HIA as “a combination of procedures, methods, and tools by which a policy, program, or project may be judged in terms of its potential effects within the population.”
Metropolitan Statistical Area
(MSA) includes at least one city with 50,000 or more inhabitants, or an urbanized area (of at least 50,000 inhabitants), and a total metropolitan population of at least 100,000.
Micropolitan Statistical Area
(MSA) has a population of more than 10,000 people and less than 50,000 people. This includes a central county and adjacent counties that have a high degree of social and economic integration as measured by commuting.
Census Designated Places
(CDP) is the equivalent of an incorporated place for data purposes. This is for settled concentrations of population that are not incorporated.
Consolidated MSA
(CMSA) is made up of several PMSA’s. An example is the Dallas-Fort Worth Consolidated Metropolitan Area. Dallas and Fort Worth are each primary metropolitan statistical areas.
What is the Hierarchy of census geographic entities?
Census Block
What is the Hierarchy of census geographic entities?
Census block is the smallest level at which the Census data is collected. There are typically
400 housing units per block.
1st Amendment
Freedom of Speech; Protects freedom of association; Group Homes
1st Amendment Landmark Cases
Young v. Amer. Mini Theathers - upholding communities ability to reg. adult theaters
Metromedia v San Diego - prohibited off-premise signage was invalid police power
LA v Vincent - sign ord. applied to all people equally - content neutral - does regulation apply to everyone or separate out certain groups; wary about restricting certain groups
Renton vs Playtime Theatres - prohibits adult motion picture theaters within 1000 ft. of school
Ladue v Gilleo -
5th Amendment Landmark Cases
Just comp - payment for private property taken for public use.
Berman v Parker - govt to take and transfer priv. property to priv. developers to clear blight for entire area - related to Kelo vs New London -
Penn Central Transp. Co vs NYC - historic pres. ord. are constitutional because they fulfill public purpose. Site could still be used even if office was not allowed to be built overhead station. Launched Transfer of Dev. Rights.
Nollan v Calif Coastal Commission - State claimed house would interfere with visual and pschy. access to public viewing beach. State wanted public access to be provided if BP to be issued for house. Court said it was a taking because if state wanted access to beach, eminent domain should have been used.
Dolan v Tigard - Govt can require deeding over portion of property if BP desired - deed land for greenway for expansion of biz
Tahoe-Sierra Pres. Council v Tahoe - development moratoria does not always constitute a taking - don’t always require just compensation
Kelo v City of New London - economic development is a valid public purpose;
Transactive Planning Theory
Friedman - WOrks at small scale b/c planner works one -on-one
Shift-Share Analysis
Description of what is going on in the economy
Used to determine leading and lagging sectors in a region to help with economic development strategies
Negative regional shift = lagging sector (growth in the local employment is less than the growth nationally)
Positive result = leading sector
Legislative vs Quasi-Judicial
Legislative vs Quasi-Judicial
Legislative vs Quasi-Judicial
Regulatory Taking
When a property owner is so burdened by regulation that he or she cannot still be said to own his or her property; instead the govt owns it.
PA Coal v Mahon: Regulation went too far; regulation is so burdensome that the property can no longer be reasonably used
Penn Central v NYC: Enhanced Transfer of Development Rights; property owners can transfer unused potential on one property to another (receiving property);
Penn Central sued stating regulatory taking; couldn’t build an office on top of historic transportation station.
If the govt regulates away a property owner’s right to exclude, the govt has committed a regulatory taking
A regulatory taking occurs when a regulation destroys all value in property
