Fundamental Planning Knowledge Flashcards
1
Q
What year was the first National Planning Conference on City Planning and Congestion Relief in Washington, D.C.?
A
1909
2
Q
What year was the first city planning course taught in Harvard’s Landscape Architecture Department?
A
1909
3
Q
When was the first formal instruction/book published on city planning (below college level), who wrote it, and what was it called?
A
Walter Moody’s “Wacker’s Manual of the Plan of Chicago” (1912)
4
Q
What was the first major textbook in city planning, who wrote it, and what was it called?
A
Flavel Shurtleff’s “Carrying Out the City Plan” (1914)
5
Q
When was ACIP founded, and what does it stand for?
A
The American City Planning Institute was founded in 1917
6
Q
Who was the first president of ACIP?
A
Frederick Law Olmsted, Jr.
7
Q
What was ACIP renamed, and when?
A
American Institute of Planners (AIP) in 1939. AIP was a forerunner to the AICP.
8
Q
When was the first issue of City Planning (forerunner to the Journal of the American Planning Association - JAPA) published, which organization published it, and what was it called?
A
The first issue of “City Planning” was published by ACIP in 1925
9
Q
What year was ASPO founded, and what does it stand for?
A
The American Society of Planning Officials was founded in 1934
10
Q
When did AIP adopt a Code of Ethics for professional planners?
A
1971
11
Q
When was the first AIP membership exam administered?
A
1977
12
Q
When was AICP created, and what two organizations merged to create it?
A
AICP was created in 1978 as a merger between AIP and ASPO
13
Q
When was the first issue of “The Journal of Planning Education and Research,” and who published it?
A
The Association of Collegiate Schools of Planning published the first issue in 1981
14
Q
When and where were the first land use zoning restrictions on noxious uses passed?
A
San Francisco, 1867
15
Q
When, where and who created the first local civic center plan (in the US)?
A
Daniel Burnham, John Carrere, and Arnold Brunner created the first local civic center plan in Cleveland in 1903
16
Q
When and what was the first major US city to apply City Beautiful principles?
A
San Francisco, 1906 (Daniel Burnham’s plan)
17
Q
When and where was the first town planning board created?
A
1907 in Hartford, Connecticut
18
Q
Who, when, and where was the first metropolitan regional plan created? What did it focus on and what did it miss?
A
Chicago, 1909, Daniel Burnham. It focused on incorporating the ideas of City Beautiful (waterfront development, parks, civic center spaces). It was criticized for failing to address issues like housing, poverty, transportation efficiency. It failed to foresee the impact of the automobile.
19
Q
When and what state was the first to pass land use zoning enabling legislation?
A
Wisconsin, 1909
20
Q
Which city was the first to use land use zoning to guide development?
A
Los Angeles, 1909
21
Q
Who, when, and in which city was the first full-time employee hired for a city planning commission?
A
Harland Bartholomew was hired by Newark, NJ in 1914
22
Q
When and where was the first comprehensive zoning code adopted? Who wrote it?
A
New York City, 1916, written by Edward Bassett
23
Q
When and where was the first regional planning commission formed?
A
Los Angeles, 1922
24
Q
Who issued the Standard State Zoning Enabling Act, and when?
A
Secretary Herbert Hoover of the US Department of Commerce, 1924
25
When and in which major US city was the first comprehensive plan adopted? Who developed the plan? What did it focus on?
The City of Cincinnati, 1925, Alfred Bettman and Ladislas Segoe. It focused on infrastructure projects and called for planning to be controlled by a citizen city planning commission.
26
Who issued the Standard City Planning Enabling Act, and when?
Secretary Herbert Hoover of the US Department of Commerce, 1928
27
When was the first US National Planning Board created? What was it renamed and when was it abolished?
Created in 1933; later renamed the National Resources Planning Board; abolished in 1943.
28
When was the first federally supported public housing constructed and where (two major US cities; construction and first to be occupied)?
Cleveland (construction) and Atlanta (occupation)
29
When and which state was the first to introduce statewide zoning? When was it amended?
Hawaii, 1961; amended in 1978
30
When was the "How the Other Half Lives" published, who wrote it, and what was its significance?
Jacob Riis wrote "How the Other Half Lives" in 1890, a book of shocking photos of unhealthy and crowded housing conditions in tenement buildings in New York City's tenements. It resulted in housing reform - dumbbell shaped buildings that allow for light and air.
31
When was "Tomorrow: A Peaceful Path to Real Reform" published, who wrote it, and what was its significance?
Ebenezer Howard wrote "Tomorrow: A Peaceful Path to Real Reform" in 1898. It was later reissued in 1902 as "Garden Cities of Tomorrow." It initiated the Garden City movement, a social and economic reform movement Howard headed that looked to create self-contained cities with shared land ownership.
32
When was "Cities in Evolution" published, who wrote it, and what was its significance?
Patrick Geddes wrote "Cities in Evolution" in 1915. It focuses on regional planning - Geddes is known as the "father of regional planning."
33
When was "Local Planning Administration" published, who wrote it, and what was its significance?
Ladislas Segoe wrote "Local Planning Administration" in 1941. It was the first in the Green Book series produced by the International City/County Management Association.
34
When was "Image of the City" published, who wrote it, and what was its significance?
Kevin Lynch wrote "Image of the City" in 1960. It defines basic concepts of city form, such as edges and nodes.
35
When was "Death and Life of Great American Cities" published, who wrote it, and what was its significance?
Jane Jacobs wrote "Death and Life of Great American Cities" in 1961. It provided a critical look at planners and planning with a focus on the mistakes of urban renewal.
36
When was "Silent Spring" published, who wrote it, and what was its significance?
Rachel Carson wrote "Silent Spring" in 1962. It focuses on the negative effects of pesticides on the environment and was a catalyst for the environmental movement.
37
When was "With Heritage So Rich" published, who wrote it, and what was its significance?
Alfred Reins wrote "With Heritage So Rich" in 1966. "This is a seminal book on historic preservation."
38
When was "Design with Nature" published, who wrote it, and what was its significance?
Ian McHarg wrote "Design with Nature" in 1969. It focuses on conservation design using an overlay technique that was late the basis of GIS.
39
When was "The Social Life of Small Urban Spaces" published, who wrote it, and what was its significance?
William Whyte wrote "The Social Life of Small Urban Spaces" in 1980. This book promoted the use of environmental psychology and sociology in urban design.
40
Who was Charles Abrams and how did he contribute to planning?
Charles Abrams created the New York Housing Authority. In 1965 he published "The City is the Frontier," a book that criticized US federal policies surrounding slum clearance, urban renewal, and public housing.
41
Who was Thomas Adams and how did he contribute to planning?
Thomas Adams was an important planner during the Garden City movement. He became the first manager of Letchworth, UK. He developed a number of garden suburbs in England and later taught at MIT and Harvard.
42
Who was Saul Alinsky and how did he contribute to planning?
Saul Alinsky was an advocate of community organizing and organized Chicago's poor in the late 1930s and 1940s. He encouraged the poor to become involved in American democracy in "Reveille for Radicals" (1946). Later he published "Rules for Radicals," which lays out 13 rules for community organizing.
43
Who was Sherry Arnstein and how did she contribute to planning?
Sherry Arnstein wrote "A Ladder of Citizen Participation," an article that was published in JAPA in 1969 describing the levels of involvement by citizens depending on the form of participation utilized.
44
Who was Daniel Burnham and how did he contribute to planning?
Daniel Burnham was a Chicago architect and prominent proponent of the City Beautiful movement. He was the leading force behind the 1893 Columbian Exposition and later the 1909 Plan of Chicago.
45
Who was Robert Moses and how did he contribute to planning?
Robert Moses transformed New York City's public works between the 1930s and 1950s. He expanded the state's park system and built numerous parkways.
He is known as a polarizing figure in urban development; he favored highways over public transit, helping to create the modern suburbs of Long Island. While never an elected official, he created and led numerous public authorities. He was also the NYC Parks Commissioner in the 1930s.
46
Who was John Nolen and how did he contribute to planning?
John Nolen was a leading planning and landscape architect who designed Mariemont, Ohio. He also created the first comprehensive plan in Florida, worked on the park system in Madison, WI, and designed Venice, FL.
47
Who was Frederick Law Olmsted, Sr. and how did he contribute to planning?
Considered the father of landscape architecture. Responsible for many of the nation's most important parks, such as Central Park, Prospect Park, Niagara Reservation, and university campus landscapes. He was part of the design team for Riverside, IL, laid out in 1868.
48
Who was Clarence Perry and how did he contribute to planning?
Perry developed the neighborhood unit concept which was implemented in Radburn, NJ. Key contributor to the 1929 Regional Survey of New York and its Environs.
49
Who was Paolo Soleri and how did he contribute to planning?
An architect responsible for designing Arcosanti, an experimental utopian city in Arizona focused on minimizing the impact of development on the natural environment.
50
Who was Clarence Stein and how did he contribute to planning?
He designed Sunnyside Gardens in Queens, NY; Radburn, NJ; and many other garden suburbs in the US. He was a major proponent of the garden city movement. He wrote "New Town for America" in 1951.
51
Who was Rexford Tugwell and how did he contribute to planning?
Tugwell served as the head of the Resettlement Administration during the New Deal. He worked on the greenbelt cities program, which sought construction of new, self-sufficient cities. He was closely involved in the development of Arthurdale, WV, a Resettlement Administration community. He later served o the NYC Planning Commission and as the governor of Puerto Rico.
52
Who was Sir Raymond Unwin and how did he contribute to planning?
Unwin was a town planner and designer of Letchworth. He wrote "Town Planning in Practice" (1909).
53
Who was Catherine Bauer Wurster and how did she contribute to planning?
Wurster was a founder of American housing policy. She was a housing policy reform advocate and served as executive secretary of the Regional Planning Association of America (RPAA). She wrote "Modern Housing" and was influential in the passage of the Housing Act of 1937.
54
When did the City Beautiful movement take place? What was its impetus, what were its solutions, who were its leaders, and what are some key examples of the movement?
The City Beautiful movement occurred during the late 1800s and early 1900s. It began in response to blight in inner cities. Proponents believed that creating a beautiful city that was expressive of moral and civic virtues would inspire residents to lead virtuous lives. It resulted in the creation of Beaux-Arts style civic centers.
Daniel Burnham was the most famous proponent of City Beautiful. The first model civic center was the White City, which Burnham created for the World's Columbian Exposition in 1893. Another example of City Beautiful was the McMillan Plan (1901) for DC, which sought to resurrect L'Enfant's 1791 Plan for Washington.
55
When did the Garden City movement take place? What was its impetus, what were its solutions, who were its leaders, and what are some key examples of the movement?
In 1898, Ebenezer Howard wrote "Tomorrow: A Peaceful path to Real Reform." The next year, he formed the Garden-City Association in England.
Garden cities are self-contained with a population of 32,000 and a land area of 6,000 acres. It would house 30,000 people on 1,000 acres. The remaining land and population would be used for farming areas. Garden cities were intended to bring about economic and social reform. Land ownership would be help by a corporation.
Three garden cities were built: 1) Letchworth, UK in 1903, financed by Howard through the Garden-City Association; 2) Sunnyside Gardens, NY in 1922; 3) Radburn, NJ in 1928.
Garden Cities caught on in the US and were promoted by the RPAA (Mumford, Benton MacKaye) and Letchworth inspired the New Town Movement (US).
Most of the Garden Cities that were developed failed to attain Howard's ideal. Most lacked industry and true city centers and, in the end, most became residential suburbs.
56
When did the City Efficient (aka City Functional, City Scientific) movement take place? What was its impetus?
The City Efficient movement was a reaction to the City Beautiful movement and shifted focus from beauty to function and efficiency. City Beautiful was openly denounced in 1909 at the first planning conference.
57
What is the Land Ordinance of 1785?
The Land Ordinance of 1785 operationalized a mechanism for selling and settling land, laying the foundations for land policy until the passage of the Homestead Act in 1862. Provided a systematic way to divide and distribute land to the public.
58
What is the Homestead Act of 1862?
The Homestead Act of 1862 was passed by Congress and provided 160 acres of land to settlers for a fee of $18 and a guarantee of five years of residence. This resulted in the settlement of 270 million acres.
59
What is the General Land Law Revision Act of 1891?
The General Land Law Revision Act of 1891 was passed by Congress and provided the President of the United States with the power to create forest preserves by proclamation.
60
What is the Forest Management Act of 1897?
The Forest Management Act of 1897 allowed the Secretary of the Interior to manage forest preserves.
61
What is the US Reclamation Act of 1902?
The US Reclamation Act of 1902 allowed the funds raised from the sale of public land in arid states to be used to construct water storage and irrigation systems.
62
Who established the Public Lands Commission and when?
President Roosevelt appointed a Public Lands Commission in 1903 to propose rules for land development and management
63
What is the Antiquities Act of 1906?
The first law to provide federal protection for archeological sites. The Act allowed for designation of National Monuments.
64
What was the Resettlement Administration, when was it established, and what were its results?
The Resettlement Administration was formed in 1935 to carry out experiments in population resettlement and land reform. The result was the development of Greenbelt towns.
65
What was the Servicemen's Readjustment Act (GI Bill) of 1944, and what impact did it have on land development?
The GI Bill guaranteed home loans to veterans, resulting in the rapid development of suburbs
66
What was the Regional Plan for New York and Environs? What role did it play in comprehensive planning, who was involved, and what did it focus on?
The Regional Plan for New York and Environs was created by Clarence Stein, Lewis Mumford, and Clarence Perry between 1922-1929. The plan focused on suburban development, highway construction, and suburban recreational facilities.
67
Describe the trajectory of comprehensive planning from the Great Depression through the post-World War II period.
During the Great Depression, comprehensive planning receded; however, the Resettlement Administration was creating them for greenbelt towns.
After World War II, rapid suburbanization led to an increased interest in comprehensive planning. The US Housing Act of 1954 was the largest impetus for comprehensive planning.
68
What was the the Housing Act of 1954, and what was its role in comprehensive planning?
The US Housing Act of 1954 was the largest impetus for comprehensive planning. The Act required cities to develop comprehensive plans and provided funding for planning under Section 701. This translated into communities creating plans to acquire federal funds, rather than truly planning for their communities.
69
Describe two important shifts in comprehensive planning (with examples) that occurred in the 1970s and 1980s.
1) During the 1970s and 1980s, comprehensive planning shifted to a more social focus (equity, neighborhood preservation, affordable housing, environmental protection, historic preservation). The Second Regional Plan of New York and Environs (1970) addressed transit and commercial rehabilitation.
2) Comprehensive planning shifted to the state level in the 1970s. Oregon and Minnesota passed laws requiring comprehensive planning; Florida passed a law that required communities to develop comprehensive plans in 1985.
70
What is the First Amendment and what are some common applications of it in planning?
Freedom of Speech, Freedom of Religion, and Freedom of Association
Freedom of Speech applies to adult uses and signs. Freedom of religion applies to religious facilities. Freedom of association applies to group homes.
71
What is the Fifth Amendment and what are some common applications of it in planning?
The Fifth Amendment requires just compensation for takings, so this amendment applies in cases of takings and eminent domain.
72
What is the Fourteenth Amendment and what are some common applications of it in planning?
The Fourteenth Amendment defines different types of 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, which planning might include issues of aesthetics. Procedural due process is about whether the rules were applied fairly, which in planning might include how an ordinance was applied. Equal protection is applied to exclusionary zoning.
73
Describe how land use was regulated before comprehensive zoning.
Before comprehensive zoning, regulation of land use was based on nuisance laws. Under common law, persons with real property are entitled to the quiet enjoyment of their land. If this enjoyment is interrupted, for example through noise, pollution, or order, the affected party can claim a nuisance. Early zoning regulations focused on limiting nuisances.
74
What influence did Welch v. Swasey (1909) have on planning? Name the legal principles (i.e. Amendments) it references.
The Court established the right of municipalities to regulate building height. It upheld that height discrimination is based on reasonable grounds and is a proper exercise of police power of the state and does not violate the equal protection and due process clauses of the 14th Amendment.
75
What influence did Eubank v. City of Richmond (1912) have on planning?
The court held that a statue that had authorized cities and towns to "make regulations concerning the building of houses in the city or town, ... to prescribe property owners ... to leave a certain percentage of lots free from buildings and to regulate the height of buildings" was a valid use of police power.
76
What influence did Hadacheck v. Sebastian (1915) have on planning? Name the legal principles (i.e. Amendments) it references.
The court approved the regulation of the location of land uses. The Court found that a zoning ordinance in LA prohibited the production of bricks in a specific location did not locate the 14th Amendment.
77
What influence did Village of Euclid v. Ambler Realty Co. (1926) have on planning? Name the legal principles (i.e. Amendments) it references.
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 questions was whether or not the Village of Euclid's zoning ordinance violated the 14th Amendment.
The key outcome was that it upheld modern zoning as a proper use of police power.
78
What influence did Nectow v. City of Cambridge (1928) have on planning? Name the legal principles (i.e. Amendments) it references.
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. The Court ruled that it was a violation of the due process clause of the 14th Amendment.
79
What influence did Golden v. Planning Board of the Town of Ramapo (1972) have on planning?
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.
80
What influence did Construction Industry of Sonoma County v. City of Petaluma (1975) have on planning?
The court upheld quotas on the annual number of building permits issued.
81
What influence did Associated Home Builders of Greater East Bay v. City of Livermore (1976) have on planning?
The Court upheld temporary moratoriums on building permits.
82
What influence did Brandt Revocable Trust v United States (2013) have on planning?
The Court found that the 1875 General Railroad Right-of-Way Act grants an easement for the railroad's land. When the railroad company abandons the land, it should be settled as an easement and if the easement is abandoned, the easement disappears and the land reverts to the previous owner.
(Challenge to a Federal Act)
83
What influence did Massachusetts v. EPA, Inc (2006) have on planning?
The Court held that the EPA must provide a reasonable justification for why it would not regulate greenhouse gases.
(Challenge to a Federal Act)
84
What influence did Rapanos v. United States (2006) have on planning?
The Court found that the Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway.
(Challenge to a Federal Act)
85
What influence did SD Warren v. Maine Board of Environmental Protection (2006) have on planning?
The Court found that hydroelectric dams are subject to Section 401 of the Clean Water Act.
It seems that hydroelectric dams - despite having energy benefits - need to comply with water quality regulations.
(Challenge to a Federal Act)
86
What influence did Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. (2015) have on planning?
The Supreme Court evaluated whether "disparate impact" is the appropriate standard to evaluate the impact of the Fair Housing Act.
Inclusive Communities Project claimed that the Texas Department of Housing and Community Housing and Community Affairs was disproportionately granting tax credits to developments in minority neighborhoods and denying credits to developments within Caucasian neighborhoods.
The Court held that "disparate impact" is the appropriate standard to be applied to the Fair Housing Act. The result is that policies that even inadvertently relegate minorities to poor areas violate the Fair Housing Act.
(Challenge to a Federal Act)
87
What influence did Young v. American Mini Theaters, Inc. (1976) have on planning? Which Amendment does this case refer to?
The Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit.
(First Amendment Case)
88
What influence did Metromedia, Inc. v. City of San Diego (1981) have on planning? Which Amendment does this case refer to?
The Court found that commercial and noncommercial speech cannot be treated differently. The court overruled an ordinance that banned all off-premises signs because it effectively banned noncommercial signs.
(First Amendment Case)
89
What influence did Members of City Council v. Taxpayers for Vincent (1984) have on planning? Which Amendment does this case refer to?
The Court upheld a Los Angeles ordinance that banned attaching signs to utility poles. The regulation of signs was valid for aesthetic reasons as long as the ordinance did not regulate the content of the sign. If the regulation is based on sign content, it must be justified by a compelling governmental interest. Aesthetics, according to the Court's findings, do not advance a legitimate state interest.
(First Amendment Case)
90
What influence did City of Renton v. Playtime Theatres, Inc. (1986) have on planning? Which Amendment does this case refer to?
The Court upheld a zoning ordinance that limited sexually oriented businesses to a single zoning district. The Court found that placing restrictions on the time, place, and manner of adult entertainment is acceptable. The ordinance was treating the secondary effects (traffic, crime), not the content. The Court found that the city does not have to guarantee that there is land available, at a reasonable price, for this use. However, the city cannot entirely prohibit adult entertainment.
(First Amendment Case)
91
What influence did Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) have on planning? Which Amendment does this Act refer to?
Following the Supreme Court's ruling in the City of Boerne v. Flores (expansion of a church in a historic district), Congress passed the Religious Land Use and Institutionalized Persons Act.
This act declares no government may implement land use regulation in a manner that imposes a substantial burden on the religious assembly or institution unless the government demonstrates that imposition of burden both is in furtherance of compelling government interest and is the least restrictive means of furthering that compelling government interest.
(First Amendment Case)
92
What influence did United States v. Gettysburg Electric Railway Company (1896) have on planning? Which Amendment does this case refer to?
The Court found that the acquisition of the national battlefield at Gettysburg served a valid public purpose. First significant legal case dealing with historic preservation.
(Fifth Amendment Case)
93
What influence did Pennsylvania Coal Co. v. Mahon (1922) have on planning? Which Amendment does this case refer to?
The Court found that if a regulation goes too far, it will be recognized as a taking. This was the first takings ruling and defined a taking under the 5th Amendment.
(Fifth Amendment Case)
94
What influence did Berman v. Parker (1954) have on planning? Which Amendment does this case refer to?
The Court found that aesthetics is a valid public purpose. The Court also found that urban renewal is a valid public purpose.
(Fifth Amendment Case)
95
What influence did Fred French Investing Co. v. City of New York (1976) have on planning? Which Amendment does this case refer to?
The city had put a regulation in place that required the placement of a public park on private property, leaving no income producing use of the property. The Court invalidated the regulation, but it was not ruled as a taking that should receive compensation.
(Fifth Amendment Case)
96
What influence did Penn Central Transportation Co. v. The City of New York (1978) have on planning? Which Amendment does this case refer to?
The Court found that the NYC Landmark Preservation Law as applied to Grand Central Terminal did not constitute a taking. The Court found that a taking is based on the extent of the diminution of value, interference with investment-backed expectations, and the character of the government action.
(Fifth Amendment Case)
97
What influence did Agins v. City of Tiburon (1980) have on planning? Which Amendment does this case refer to?
Appellants in the case acquired five acres of unimproved land for residential development. The zoning ordinance placed the appellants' property in a zone with density restrictions (one single-family residence per acre). Appellants brought suit against the city in state court, alleging that the city had taken their property without just compensation in violation of the Fifth and Fourteenth Amendments, seeking a declaration that the zoning ordinances were facially unconstitutional. The Court upheld the city's right to zone property at low-density and determined that the zoning was not a taking.
(Fifth Amendment and Fourteenth Amendment Case)
98
What influence did Loretto v. Teleprompter Manhattan CATV Corporation (1982) have on planning? Which Amendment does this case refer to?
The cable television company installed cables on a building to serve the tenants of the building and to serve other buildings. The property owner brought a class action law suit claiming that allowing the cable company to occupy the land was a taking. The Court found that the government authorized a permanent physical occupation of private property that therefore constituted a taking requiring just compensation.
(Fifth Amendment Case)
99
What influence did First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987) have on planning? Which Amendment does this case refer to?
The Court found that if a property is unusable for a long period of time, then not only can the ordinance be set aside, but the property owner can subject the government to pay for damages. The Court found that the County could either purchase the property out-right or revoke the ordinance and pay the church for its losses during the time of the trial.
(Fifth Amendment Case)
100
What influence did Keystone Bituminous Coal Association v. DeBenedictis (1987) have on planning? Which Amendment does this case refer to?
Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act prohibits coal mining that causes subsidence damage to pre-existing public buildings, dwellings, and cemeteries. The Act requires that 50% of the coal beneath four protected structures be kept in place to provide surface support.
The Coal Association alleged that this constituted a taking. The Court found that the enactment of regulations did not constitute a taking and was justified by the public interests.
(Fifth Amendment Case)
101
What influence did FCC v. Florida Power Corporation (1987) have on planning? Which Amendment does this case refer to?
Public utilities challenged a federal statute that authorized the Federal Communications Commission to regulate rents charged by utilities to cable TV operators for the use of utility poles. The Court found that a taking had not occurred.
(Fifth Amendment Case)
102
What influence did Nollan v. California Coastal Commission (1987) have on planning? Which Amendment does this case refer to?
The question before the Supreme Court was whether the California Coastal Commission's requirement that owners of beachfront property seeking a building permit need to maintain beachfront access constitutes a property taking in violation of the Fifth and Fourteenth Amendments.
The Court agreed that a legitimate interest is served by maintaining a "continuous strip of publicly accessible beach along the coast," but that California must provide just compensation to beachfront property owners for the public use of their land.
(Fifth and Fourteenth Amendment Case)
103
What influence did Lucas v. South Carolina Coastal Council (1992) have on planning? Which Amendment does this case refer to?
The Court found that there is a taking if there is a total reduction in value (no viable value left) after the regulation is in place (except where derived from the state's law of property and nuisance). The Court found that Lucas purchased the land prior to the development regulations being put in place, so the regulation constituted a taking.
(Fifth Amendment Case)
104
What influence did Dolan v. Tigard (1994) have on planning? Which Amendment does this case refer to?
The Court overturned an exaction that required dedication of a portion of a floodplain (to create a greenway and bicycle path) by a commercial business that wanted to expand. The Court found that there was not enough of a connection between the exaction requirement and the development.
Conditions that require the deeding of portions of a property to the government can be justified, but there has to be a clear relationship between the nature and extent of the proposed development. The "rough proportionality" test was created from this case: "an exaction is legitimate only if the public benefit from the exaction is roughly proportional to the burden imposed on the public by allowing the proposed land use."
(Fifth Amendment Case)
105
What influence did Suitum v. Tahoe Regional Planning Agency (1997) have on planning? Which Amendment does this case refer to?
The petitioner owned an undeveloped lot near Lake Tahoe and the Tahoe Regional Planning Agency found that the lot could not be developed under the agencies' regulations. Suitum could sell the development rights under the Transfer of Development Rights program.
The Court found that an owner did not have to attempt to sell developmental rights before filing a regulatory taking suit.
(Fifth Amendment Case)
106
What influence did City of Monterey v. Del Monte Dunes at Monterey Ltd. (1999) have on planning? Which Amendment does this case refer to?
The Supreme Court upheld a jury awarded of $1.45 million in favor of the development based on the city's repeated denials of a development permit for a 190-unit residential complex on oceanfront property. The development was in the conformance with the city's comprehensive plan and zoning ordinance. The Court found the repeated denials deprived the owner of all economically viable use of the land.
(Fourteenth Amendment Case)
107
What influence did Palazzolo v. Rhode Island (2001) have on planning? Which Amendment does this case refer to?
A property owner claimed inverse condemnation against the Rhode Island Coastal Resources Management Council because the landowner was denied a permit to fill 18 acres of coastal wetlands to construct a beach club. However, the property owner had acquired the property after regulations were in place that prohibited this.
The Court found that the acquisition of the title after the effective date of regulations does not bar regulatory takings claims.
(Fifth Amendment Case)
108
What influence did Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al. (2002) have on planning? Which Amendment does this case refer to?
The Tahoe Regional Planning Agency imposed two moratoria on development in the Lake Tahoe Basin while the agency formulated a comprehensive plan for the area. A group of property owners sued, claiming a taking. The Court found that the moratoria did not constitute a taking requiring compensation.
(Fifth Amendment Case)
109
What influence did Lingle v. Chevron USA, Inc. (2005) have on planning? Which Amendment does this case refer to?
The Court overturned a portion of the Agins v. City of Tiburon precedent declaring that the regulation of property does effect a taking if it does not substantially advance legitimate state interests. The Court found that the any Takings clause challenges had to be based on severity of the burden of regulation, not the effectiveness of the regulation in furthering governmental interest.
(Fifth Amendment Case)
110
What influence did City of Rancho Palos Verdes v. Abrams (2005) have on planning? Which Amendment does this case refer to?
The Court ruled that a licensed radio operator that was denied a conditional use permit for an antenna could not seek damages because it would distort the congressional intent of the Telecommunications Act of 1996.
(Fifth Amendment Case)
111
What influence did Kelo v. City of New London (2005) have on planning? Which Amendment does this case refer to?
The Court ruled that economic development, even if it involves taking land for private development, is a valid use of eminent domain. The Court reasoned that it was not in a position to determine the amount or character of land needed for a particular public project.
(Fifth Amendment Case)
112
What influence did Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection (2009) have on planning? Which Amendment does this case refer to?
The Supreme Court ruled that submerged lands that would be filled by the state for beach reclamation did not constitute a taking of property without just compensation (in violation of the Fifth and Fourteenth Amendments).
113
What influence did Koontz v. St. John's River Water Management (2009) have on planning? Which Amendment does this case refer to?
The landowner requested a permit to develop additional land beyond his original permit. The authority agreed to issue the permit on the condition that the owner deed the rest of his property into a conservation area and complete additional mitigation work. The owner did not want to undertake the mitigation work and was denied the application.
The Court found that a taking had occurred, ruling that the government is liable for a taking when it denies a permit until a landowner agrees to dedicate land for public use.
(Fifth Amendment Case)
114
What influence did Munn v. Illinois (1876) have on planning? Which Amendment does this case refer to?
The Court found that a state law regulating pricing did not constitute a taking and a violation of due process. The Court established the principle of public regulation of private businesses in the public interest. The regulation of private property does not violate due process when the regulation becomes necessary for the public good.
(Fourteenth Amendment)
115
What influence did Village of Belle Terre v. Boaraas (1974) have on planning? Which Amendment does this case refer to?
The Court upheld a regulation that prohibited more than two unrelated individuals from living together as a single-family. The Court found that a community has the power to control lifestyle and values. The Court thus extended the concept of zoning under the police power to include a community's desire for certain types of lifestyles.
(Fourteenth Amendment Case)
116
What influence did Village Arlington Heights v. Metropolitan Housing Development Corporation (1977) have on planning? Which Amendment does this case refer to?
The Metropolitan Housing Development Corp. (MHDC), a nonprofit developer, contracted to purchase a tract within Arlington Heights to build racially integrated low- and moderate-incoming housing. The contract was contingent upon securing rezoning as well as federal housing assistance. MHDC applied to the Village for the rezoning from single family to multifamily. The Village denied the rezoning request. MHDC filed suit alleging racial discrimination that violated the Equal Protection Claus of the Fourteenth Amendment and the Fair Housing Act.
The District Court held that the denial was motivated by desire to protect property values and to maintain the Village's zoning plan, not racial discrimination - however, the Court of Appeals reversed this finding, saying that the "ultimate effect" was racially discriminatory as it would disproportionately affect black Americans.
The Supreme Court found insufficient evidence to prove the Village acted in a racially discriminatory manner and overturned both findings.
(Fourteenth Amendment Case)
117
What influence did Southern Burlington County NAACP v. Township of Mount Laurel (1975) have on planning? Which Amendment does this case refer to?
The Court found that Mount Laurel had exclusionary zoning that prohibited multi-family, mobile home, or low- to moderate-income housing. The Court required the town to open its doors to those of all income levels.
(Fourteenth Amendment Case)
118
What influence did City of Boerne v. Flores (1997) have on planning? Which Amendment does this case refer to?
This case challenged the Religious Freedom Restoration Act. The City of Boerne, Texas prohibited a church in a historic district from enlarging. The Supreme Court ruled that the act was an unconstitutional exercise of congressional powers that exceeded the enforcement powers of the Fourteenth Amendment. In the end, the city and church came to an agreement to leave 80% of the church intact and allow a new 750-seat auditorium on the rear of the church.
(Fourteenth Amendment Case)
119
What is the concentric circle theory of urban development? Describe the context of this theory's creation (who, when, where) and its place in urban development theory. Describe the five rings in his theory for extra points.
Ernest Burgess was a sociologist who studied urban growth in Chicago. He created the concentric circle theory in 1925, which proposed that cities grow in a series of outward rings where land use is based on distance from downtown.
The five rings were:
1) the central business district, concentration of government, office, and commercial uses;
2) industrial zone;
3) transition zone, mix of industrial and low-income housing;
4) zone of middle class housing; and
5) the commuter zone, higher-income housing.
Burgess' work was foundational to the concept of the bid rent curve.
120
What is the bid rent curve theory? What is on the y-axis and the x-axis?
A theory explaining land use patterns based on how much people are willing to pay for land, in turn, based on the profits that they are likely to receive from maintaining a business on that land.
The x-axis is the distance from the center; the CBD will have the highest number of customers and so the most profit, and is at the steep end of the bid rent curve. The y-axis is rent per unit of area.
121
What is the sector theory of urban development? Describe the context of its creation (who, when, where) and its place in urban development theory.
Homer Hoyt, a real estate businessman in Chicago interested in high-end residential development, created the sector theory development theory in 1939. It was a repudiation of Burgess' concentric circle theory and argued that land uses vary based on transportation routes. The city, as a result, was a series of sectors radiating out from the center of the city.
122
What is the multiple nuclei theory? Describe the context of its creation (who, when, where) and its place in urban development theory.
Harris and Ullman developed multiple nuclei theory in 1945 in their paper "The Nature of Cities." They argued that cities develop a series of specific land use nuclei. A nucleus is formed due to accessibility to natural resources, clustering of similar uses, land prices, and the repelling power of land uses.
123
What is the central place theory? Describe the context of its creation (who, where) and its place in urban development theory.
Walter Christaller developed the central place theory in 1933. It posits that there is a minimum market threshold to bring a firm to a city and there is a maximum range of people who are willing to travel to receive goods and services. Central place theory is used to understand the hierarchy of retail establishments in cities (nail salons on every block, a grocery store every 10 blocks).
124
What are the six steps (in order) of rational planning?
1) Set goals
2) Determine alternatives
3) Evaluate alternatives
4) Choose an alternative
5) Implement the alternative
6) Evaluate
125
Describe the basics tenets of the rationality model and the role of "satisficing."
A purely rational model assumes that planners have perfect knowledge and isn't constrained by time or money. However, this isn't possible - so we "satisfice," a term coined by Herbert Simon, which means accepting that the human mind is limited in its ability to solve problems (this is the principle of bounded rationality). This means planners choose alternatives that are good enough.
Rational planning was the dominant planning theory through the 1950s. While this model has been discredited, it's still in use in all areas of planning practice - particularly in transportation planning.
126
List two critiques of the rational planning model.
Rational planning cannot be applied to "wicked" problems (problems that are complicated and difficult to solve). Rational planning works only when the problem can be easily defined and there can be a best solution.
Rationality does not specify who sets goals; it is supposed to be value-free. Goals are supposed to be based on the interest of the public/the good of whole community. Rational planning cannot be used if there is not consensus within a community on an issue.
127
What was the first publication that introduced "incrementalism," who was the author, and when was it published?
"The Science of Muddling Through" by Charles Lindblom (1959)
128
What is the central tenet of "incrementalism"?
People make their plans and decisions in an incremental manner, accomplishing their goals through a series of successive, limited comparisons.
129
What are a few ways that "incrementalism" applies to planning (in particular, the rational comprehensive model)?
Lindblom imagined incrementalism in planning meant planning would be piecemeal, incremental, opportunistic, and pragmatic. Planning - in Lindblom's reality - is not rational and comprehensive, but disjointed and incremental.
Lindblom believed that problems are solved by a series of different policies at different points in time, rather than all at once in accordance with achieving a future desired state.
130
How does "incrementalism" apply to the current system of zoning policy?
Planning departments rarely overhaul the entire code; instead, the zoning ordinance is tweaked to assist in achieving the goals of the comprehensive plan.
131
What is the "mixed scanning" model of planning, who created it, and what does it entail?
Amitai Etzioni's theory of "mixed scanning" is the compromise between incrementalism and the rational comprehensive model. It articulates two levels of planning decision-making: the big picture and the small picture. Etzioni argues that the rational comprehensive model should be used for comprehensive planning, and that incrementalism should be used for implementation.
132
What is advocacy planning, who created it, and when?
Paul Davidoff created advocacy planning in the 1960s as a response to previous planning theories that assumed consensus and "the good of the whole community." Instead, Davidoff argued, planners should represent special interest groups whose voices are not heard over the majority.
The methods remained the same, advocacy planning redefined who planners plan for.
133
What is the difference between advocacy planning and equity planning?
Advocacy planners plan for any special interest group; equity planners focus on disadvantaged groups.
134
What is equity planning, who created it, where, and when?
Norman Krumholz created equity planning in the 1970s in Cleveland to focus upon the needs of low-income residents. Krumholz believed that planners should work to redistribute wealth, resources, and/or participation away from the elite. Equity planning places a premium on quality of life improvements, rather than the delivery of services.
135
What is transactive planning, who created it, and when?
John Friedmann's 1973 book "Retracking America" that attempted to create a deeper niche in planning for public participation. Friedmann believed that planners should cease to be solely technical experts and to meet with individuals in the community to discuss issues and develop a plan. Through the process of "mutual learning," the planner shares technical knowledge and residents share community knowledge.
136
What are three criticisms of transactive planning?
1) It takes a lot of time to meet with so many people
2) No clue on how to evaluate the importance of a person's community knowledge
3) Doesn't work for groups where there is a huge divide in opinion
137
What is radical planning, who created it, and when?
John Friedman's 1987 book "Planning in the Public Domain: From Knowledge to Action" where he discusses the concept of radical planning. Radical planning is taking power away from the government and giving to the people; citizens would develop their own plans.
138
What is communicative planning?
Current theory in practice - emphasizes public engagement. Communicative planning recognizes the central role of politics and the great diversity of stakeholder interests. It centers around using the rational model to help bring about a mutual understanding among stakeholders. In this theory, the planners role is to act as a facilitator and mediator among stakeholders.
139
What is the statutory basis of planning?
State police power comes from the Tenth Amendment which gives states powers not delegated to the federal government. As of Mugler v. Kansas (1887), states have the right to regulate behavior and enforce laws that will sustain the health, morals, and general welfare of people.
In turn, states grant police powers to local jurisdictions. The level of power varies from state to state, jurisdiction to jurisdiction.
140
What is the difference between Dillon's Rule states and Home Rule states?
In Home Rule states, cities have the right to develop their own regulations, except where the state has specified otherwise.
In Dillon's Rule states, cities' rights have to be specifically authorized by the state (more prevalent).
