3 ms·
> Rules that do things like prevent 2, 3 and 4-plexes, mandate a whole city can't go above 4 stories, and require 1:1 parking for every adult need to get tossed
by wahern 5y ago
> Rules that do things like prevent 2, 3 and 4-plexes, mandate a whole city can't go above 4 stories, and require 1:1 parking for every adult need to get tossed out right away.
In places like California, simply strictly applying the existing rules would be a huge step forward. Instead, even projects that are 100% compliant with all building and zoning rules and already granted building department approval are subject to an endless and often patently illegal "community review" process. See, e.g., https://www.sfchronicle.com/sf/article/State-gives-S-F-30-days-to-explain-why-it-16642975.php https://www.sfchronicle.com/sf/article/State-gives-S-F-30-da... and https://www.sfchronicle.com/sf/article/Supervisor-Mar-pushes-compromise-for-contested-16647322.php https://www.sfchronicle.com/sf/article/Supervisor-Mar-pushes...
Under Supreme Court precedent such ex post facto community "vetoes" are unconstitutional. The community votes by passing laws a priori, not through ad hoc, targeted manipulation of the regulatory review process. But for complex procedural and policy reasons the Supreme Court has unfortunately been too reticent to police violations of this principle. My disposition is toward federalism and local control, but in many cases the system is violating fundamental principles in our society about the creation and application of law. Principles even more basic and fundamental than property, free speech, or personal liberty rights.