ESP 171 Urban and Regional Planning
Class 3: Who Does What
Who determines whether growth happens and in what ways?
Government
Branches of Government:
- Legislative branch – sets the rules
- Administrative branch – carries out the rules
- Judiciary branch – makes sure rules and their application don’t violate rights, laws
Levels of Government: federal – state – local
Concepts:
- Police power: the power of a government entity to restrict private activity in order to
promote health, safety, welfare, morals.
- Reserved power doctrine of the 10th Amendment: any power not explicitly taken by federal
government is left to the states, including police power.
- Delegation of power by states to cities and counties: local actions are subordinate to state
laws, must meet constitutional requirements.
Result: Power at local level but must adhere to state laws and must be constitutional!
* Enforcement by citizens!
* Enforcement through the courts!
Local Government
City Council Planning Commission Planning Staff
Creating policy Apply discretionary policy to
individual projects Applying nondiscretionary policy to
individual projects
Ex. general plan
revisions, zoning
ordinances
Ex. conditional use permits,
zoning variances Ex. building permits, other permits
when conditions met
Legislative Acts Quasi-Judicial Acts Ministerial Acts
Subject to referendum
and initiative Subject to appeal to city
council NOT subject to referendum and
initiation or to appeal
Subject to review under
CEQA Subject to review under
CEQA NOT subject to review under CEQA
Land use authority Creation Legislative body
Cities Within city boundaries Created by residents City Council
Counties Within county boundaries but
not within city boundaries Created by state Board of Supervisors
