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Writing A Defensible Gru,u lh Ordinance (Continued) • �O 99<0 -i;-.' a.mss:. `OPP time the property was taken, even if the oy ' .;,. -- . -.., ordinance is later rescinded or invalidated .., .4.-- (a temporary taking). The court did not 7;r4: ':= address what constitutes a taking this is still far from clear. First English is often = - _ x-w =?`- cited for the principle that delays in permit- _ Y' i4 'DENTE' CITY i l.S:'T ting development are unconstitutional.But, . UREA IZED ft-r.;t.:' the courts still seem to recognize that ' "'- - - '' r .1i. c chi.. "planning cannot be done in a day."t7 yT -' of -. ' • URBANIZING }.. ~ - The Supreme Court has variously used 'f-- 77i: _ - ,;:,:.:,. the terms deprivation of substantially all � `- "reasonable or beneficial"" or"economi- �' ,tet,. :FUTURE URBANIZING:_ cally viable"29 use to characterize a taking. =.. .-4 1-:'" This does not mean the highest and best use or the use allowed by the current zon- GREEN MIT ing because mere diminution in value is Figure 1 not a taking.3° Also, land use regulations may not be development ordinance or moratorium City-county agreements should provide for arbitrary or capricious31, or unfairly dis- while the growth management legislation coordinated growth management within criminate between properties", or inter- is being prepared and adopted 36 General the city's sphere of influence. fere with a matter of statewide concern33 plan consistency requirement must be Local governments also may adopt spe- Statutory notice and hearing proce ures analyzed and the appropriate amendments cific plans that describe the distribution, must be followed and findings must be to the general plan made if necessary. location and extent of land uses and public made regarding housing needs and the '' facilities needed to support the land uses; regional welfare3' The requirements of I deally,growth management would be- standards for development and for con- the California Environmental Quality Act35 gin with a comprehensive, up-to-date serving and utilizing natural resources,and 0 must be considered, and, if there is no general plan that fully analyzes the city'ss7 a program of implementation measures. applicable exemption, a negative declara- development constraints and opportunities, Specific plans allow a city to do more de- tion oran environmentalimpactreportmust identifies sensitive lands and resources to tailed planning for an area that might not be be prepared,circulated and certified prior be protected,contains accurate population applicable to the whole city;they also serve to adopting a growth management scheme. and land use projections, and generally as refinements to the general plan. It may be necessary to adopt an interim designates the location and density of de- The specific plan legislation allows local velopment at reasonable intervals,at ulti- governments to fund the specific plan and 27.Agins v.City of Tiburon(1980)447 U.S.255,263 n. mate plan build-out.The plan should in- then obtain reimbursement for the plan- 9(no taking results from"fluctuations in value during dude the area covered by the city's sphere the process of governmental decision-making,absentHing and related environmental review ex- unreasonable delays");Zilber v.Town ofMoraga(N.D. of influence.The plan could then establish penses from developers that seek develop• CaL 1988) 692 F.Supp. 1195 (a one-and-a-half-year a reasonable rate of growth tied to the avail- ment approval in the specific plan area 3B moratorium enacted to develop a comprehensive open ability of infrastructure and the provision of The rationale for the"specific plan fees"is space plan was a normal delay);and Guinnane v.City public facilities and services at defined that developers benefit from the certainty and Count of San Francisco(1987)197 CaLApp.3d 862 service level standards. These standards (temporary delays in processing a building permit aPprovided by a detailed plan and from the plication in order to obtain environmental impact infor- should be applicable to both existing and area-wide EIR,which allows each individ- mation related to a study by the city regarding open new development with identified funding ual developer to then do only a site-specific space did not constitute a temporary taking). sources such as developer impact fees.The '(focused) EIR 28.Williamson County Regional Planning Commn•n v. standards should be responsive to natural Hamilton Bank of Johnson County(1985)473 U.S.172; and environmental resources such as air, o avoid leap-frog development and Penn Central Transportation v.City of New York(1978) 438 U.S.104, water, rare and endangered species and urban sprawl, .ro.- should not 29. KKeystonestone Bituminous Coal Co. v. deBenedictis sensitive lands.The plan also should influ- .e zoned for its highest permissible (1987)480 U.S.470;Agins v.City of Tiburon(1980)447 ence the location and sequential pattern of use under the general plan until develop- U.S.255,260. owth. ment is a ro riate for the area.Infrastruc- 30.Lai v.City and County of Honolulu(9th Cir.1988) ommunity and area plans can als�w ture should be extended to growth areas 841 F.2d 301:McLeod v.Santa Clara County(9th Cir • 1984)749 F.2d 541. . adopted with more detailed planning for only in accordance with the growth man- 31.ArnclDevelopment Co,v,City ofCostaMesa(1981) identifiable sections of the city.Th ese plans agement plan and an accompanying capital 126 Cal.App.3d 330. should refine and augment the policies, improvement program. Premature subdi- 32.Carty v.City of Ojai(1978)77 CalApp.3d 329. goals,objectives and implementation pro- vision of land should be prohibited. • 33.Bruce v.City ofAla meda(1985)166 CalApp.3d 18. grams set forth in the general plan.They A conceptual growth management 34.See Government Code§65302.8 for general plan are, in effect, amendments to the city's scheme for a developing city with abun- amendments and Government Code§65863.6 for zone general plan for a designated area. changes. 35.Public Resource Code§21000,et.seq. Each local plan should be linked to re- 37.See Government Code§§65451-65456. 12 36.See Government Code§6S858. gional infrastructure and facilities plans. 38.Government Code§65456. LEAGUE.OF CALIFORNIA CITIFS