I. Introduction
In November1996, voters in five
San Francisco Bay Area communities approved ballot initiatives
that lock in growth boundaries for as long as 20 years. The
concept of urban growth boundaries (UGB?s), or urban limit
lines, is not new, but the passage of these five ballot
measures is significant because it marks the beginning of an
effort by the Greenbelt Alliance, a Bay Area conservation
organization, to promote UGB?s throughout the state.
C.A.R. opposes urban growth
boundaries and recognizes the necessity of REALTORS® to be
informed about this campaign. As the state?s economy picks up
steam, and growth starts to look more like it did before the
downturn, growth control debates will re-ignite in local
communities. This, in turn, will make UGB?s very attractive to
growth control activists. Many will place UGB initiatives on
local ballots. To counter the influence of the Greenbelt
Alliance, REALTORS® must be informed about this issue and
prepared to respond. This paper is intended to offer the
background necessary to do so.
II. C.A.R.?s Position
C.A.R. opposes UGB?s because they:
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allow no flexibility to accommodate population growth
and changing economic and social conditions in a
community.
-
contribute to higher housing costs by limiting
construction of the housing supply to inside the
boundary.
-
devalue property outside the boundary, without
providing just compensation for a governmental taking.
C.A.R.?s Growth Management Task
Force outlined these reasons for opposing UGB?s in its report,
A Perspective on Growth Management in California: Policy Recommendations
for Growth Management Issues. The report provided the framework
for the guiding principles on growth management which C.A.R.?s
Board of Directors adopted in January 1992.
III. The Greenbelt
Alliance
The Greenbelt Alliance is a conservation organization
headquartered in San Francisco. It?s mission is to protect open
space in the San Francisco Bay Area. Recently, it has promoted
local UGB initiatives as the solution to preventing urban
sprawl. In the November 1996 elections, voters in five San
Francisco Bay Area communities approved UGB initiatives
promoted by the Greenbelt Alliance. Voters approved of UGB?s in
the SonomaCounty cities of Santa Rosa, Healdsburg, Rohnert Park
and Sebastopol, and in the Alameda County city of Pleasanton.
All but the Rohnert Park measure passed easily. The Greenbelt
Alliance reports activists throughout California--from Chico,
Arcata, Petaluma, Windsor, Cotati and Ventura County--have
called its office since the election to learn how they can pass
similar initiatives in their communities.
lV. What?s Attractive About
Urban Growth Bounderies?
Everyone likes open space. The Greenbelt Alliance brochure
features eye-pleasing pictures of rolling hills, flowers and
people lazing in tall grass. These are juxtaposed with pictures
of monotonous looking, suburban sprawl and aerial photographs
depicting the loss of open space to development in the Bay Area
over the last 40 years. UGB?s are attractive also because of
their simplicity. What could be a simpler solution to the
problems and controversies associated with growth than drawing
a line around a city with growth on one side and open space on
the other? The most famous UGB?s are in London, England and
Portland, Oregon. The British Green Belt plan calls for the
preservation of large areas of open space and agricultural land
surrounding urban areas with the intent to prevent urban sprawl
and support infill. Since the enactment of the plan,
substantial funds have been spent in compensation for property
around London which otherwise would likely have been developed.
Portland?s UGB divides the city?s land into three development
categories: developed areas, to-be-developed areas, and long
term development or "no development allowed" areas. With the
assistance of state mandates anda strong regional service
district, Portland created a comprehensive UGB system that is
largely supported in the area. The Governor?s Office of Planning
and Research, in its 1994 Book of Lists,lists 61 cities and 20
counties that have enacted, either by initiative or ordinance,
a greenbelt ordinance, urban limit line or urban growth
boundary in California.
V. What?s Wrong With Urban
Growth Boundaries?
C.A.R. cites several flaws with UGB?s in its opposition to
them. A. Inflexibility Typically, UGB?s are imposed for periods
of up to twenty years. Furthermore, the lines cannot be redrawn
nor can major exceptions be made--both of which might be
necessary to accommodate unexpected growth--without voter
approval. B. Overcrowding and Housing Affordability C.A.R.
supports infill development and higher density to accommodate
affordable housing; however, the higher density that inevitably
occurs when UGB?s are imposed, combined with the latter?s
inflexibility, leaves local elected officials defenseless
against problems of overcrowding. Conversely, UGB?s do not
provide local officials with the resources they need to address
the factors ina community that typically work against higher
density development (i.e., NIMBYism). Furthermore, the lack of
choices in land development created by UGB?s puts pressure on
housing prices, but local officials are left without the
creativity they need to provide for affordable housing, which
makes it more difficult for localities to meet their regional
fair share housing allocations. C. Leapfrogging and Hobby Farms
Often, UGB?s can backfire.
The lack of a safety valve to
accommodate rapid growth, cheap land in outlying areas, market
preferences for single-family homes, and the mobility afforded
by the automobile can cause leapfrogging andhobby farms.
Leapfrogging occurs when development jumps to outlying
jurisdictions. The recent passage of UGB?s in Sonoma County
came in response to rapid growth which itself occurred due to
similar policies passed in Marin County. Hobby farms,
otherwiseknown as ranchettes, spring up within areas set aside
for agricultural or rural designation. This occurs when wealthy
homebuyers purchase the minimum amount of acreage needed to
meet the land?s rural zoning. These "farms" contradict the
purpose of UGB?s by creating a pattern of rural residential
development well in advance of the availability of services. D.
Takings Restrictions on the development of land outside a fixed
UGB may leave a city open to claims by private landowners that
the city is committinga taking without just compensation for
the economic use of their land. However, jurisdictions
typically avoid this by ensuring that the restricted land
retains some economic use, such as agriculture.
VI. Alternatives to Urban
Growth Boundaries
C.A.R. supports many of the goals that the supporters of UGB?s
purport to promote: infill development, mixed use, higher
density housing near transit corridors, conservation of
significant naturalresources and revitalizing inner cities.
However, in light of the drawbacks of UGB?s, C.A.R. encourages
REALTORS® to emphasize any one or more of the many land use
planning tools already available to local officials as
alternatives to UGB?s: General Plan
-
Zoning Ordinances
-
Congestion Management
Plans
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Natural Community
Conservation Plans
-
Agricultural and Open
Space Preservation Programs
-
Transfer of Development
Rights
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Conservation
Easements
-
Mitigation Banking
-
Williamson Act Tax
Preferences for Agriculture
-
Local and Regional
Parks
VII. What Can REALTORS®
Do?
As the economy and development
pick up speed, the popularity of UGB?s is certain to tap into
peoples? penchant for open space and growth control. The
Greenbelt Alliance?s effort to promote UGB?s is likely to catch
on in many communities. This does not mean that REALTORS® are
helpless to prevent this. There are many things that you can do
to ensure that your local officials adopt sound policies that
accommodate growth along with the need for open space. Here are
some suggestions: A. Stay Informed--There is no substitute for
being knowledgeable about politics in your community. This is
the only way to know in advance if a UGB is being considered in
your community.
B. Be Proactive--Thealternatives to UGB?s take more time and
consideration than UGB?s. (Remember, simplicity is one of the
most attractive things about UGB?s.) If activists begin to
circulate petitions for a UGB in your community, you may have
already lost the battle.
C.Stay Involved--This is the best way to be proactive.
REALTORS® who sit on planning commissions, city councils or
other bodies, or who just have a visible presence in the halls
of their local government, are much more effective in conveying
the concerns of the REALTOR® community than those who show up
at the eleventh hour. But what do I do if an urban
growth boundary proposal catches on in my community? The response to a UGB
is very much the same as to any other issue that REALTORS®
oppose but which becomes popular locally. The first thing to do
is organize the local REALTOR® community and reach out to other
constituent groups to form acoalition. For example, local
building industry associations, labor organizations, chambers
of commerce and property owner groups should be approached. You
will also want to communicate your position to the elected
officials and the voters in your community. Finally, your
response will depend on the circumstances in your community
that allowed the UGB to become popular. For example, if traffic
congestion is the problem, REALTORS® may argue that
leapfrogging to other communities will further exacerbate
thesituation. REALTORS® will want to respond directly to those
issues in any of the published informational materials they
distribute in response to the proposal. (See attached.)
C.A.R.?s Public Policy Division
has other published materials to help you organize a campaign
should a UGB become an issue in your community. Please call
(213) 739-8311 for more information. You can also e-mail
C.A.R.?s Senior Policy Analyst Rick Laezman.
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