#yimbys

So let's take take these categories in order.

Zoning

As I tell my Urban Studies students, zoning is both one of the most subtle and yet comprehensive ways in which the state shapes the urban environment - but historically it has been used almost exclusively in the interests of racism and classism. Reforming zoning requires going over the code with a fine-toothed comb to single out all the many ways in which zoning is used to make affordable housing impossible:

The most important one to tackle first is density zoning and building heights limitations. The former directly limits how many buildings you can have per unit of land (usually per acre), while the latter limits how big the buildings can be (expressed either as the number of stories or the number of feet, or as both). Closely associated with these zoning regulations are minimum lot size regulations (which regulate how much land each individual parcel of real estate has to cover, and thus how many how many housing units can be built in a given area), and lot coverage, setbacks, and minimum yard requirements (which limit how much square footage of a lot can be built on, and what kinds of structures you can build).

the other big one is use zoning. To begin with, we need to phase out "single use" zoning that designates certain areas as exclusively residential or commercial or industrial (a major factor that drives car-centric development, makes walkable neighborhoods impossible, and discourages the "insula" style apartment building that has been the core of urbanism since Ancient Rome) in favor of "mixed use" zoning that allows for neighborhoods that combine residential and commercial uses. Equally importantly, we need to eliminate single-family zoning and adopt zoning rules that allow for a mix of different kinds of housing (ADUs, duplexes and triplexes, rowhouses/terraced houses, apartment buildings).

finally, the most insidious zoning requirements are seemingly incidental regulations. For example, mandatory parking minimums not only prioitize car-dependent versus transit-oriented development but also eat up huge amounts of space per lot. The most nakedly classist is "unrelated persons" zoning, which is used to prevent poorer people from subdividing houses into apartments, which zaps young people who are looking to be roommates and older people looking to finance their retirements by running boarding houses or taking in lodgers, as well as landlords looking to convert houses from owner-occupied to rental properties.

So I would argue that the goal of reform should be not to eliminate zoning, but rather to establish model zoning codes that have been stripped of the historical legacies of racism and classism.

Planning

Similar to how zoning shouldn't be abolished but reformed, the correct approach to planning isn't to abolish planning departments wholesale, but to streamline the planning process - because the problem is that right now the planning process is too slow, which raises the costs of all kinds of development (we're focusing on housing right now, but the same holds true for clean energy projects), and it allows NIMBY groups to abuse the public hearings and environmental review process to block projects that are good for the environment and working-class and poor people but bad for affluent homeowners.

As those Ezra Klein interviews indicate, this is beginning to change due to a combination of reforms at both the state and federal level to speed up the CEQA and EPA environmental review process in a number of ways. For example, one change that's being made is to require planning agencies and environmental agencies to report on the environmental impact of not doing a project as well, to shift the discussion away from petty complaints about noise and traffic and "neighborhood character" (i.e, coded racism and classism) and towards real discussions of social and environmental justice.

At the same time, more is needed - especially to reform the public hearing process. While originally intended by Jane Jacobs and other activists in the 1970s as a democratic reform that would give local communities a voice in the planning process, "participatory planning" has become a way for special interests to exercise an unaccountable veto power over development. Because younger, poorer and more working class, and communities of color often don't have time to attend public hearing sessions during the workday, these meetings become dominated by older, whiter, and richer residents who claim to speak for the whole of the community.

Moreover, because community boards are appointed rather than elected and public hearings operate on a first-come-first-serve basis, an unrepresentative minority can create a false impression of community opposition by "stacking the mike" and dialing up their level of militancy and aggression in the face of elected officials and civil servants who want to avoid controversy. (It's a classic case of diffuse versus concentrated interests, something that I spend a lot of classroom time making sure that my students learn.)

Again, the point shouldn't be to eliminate public hearings and other forms of participatory planning, but to reform them so that they're more representative (shifting public hearings to weekends and allowing people to comment via Zoom and other online forums, conducting surveys of community opinion, using a progressive stack and requiring equal time between pro and anti speakers, etc.) and to streamline the review process for model projects in categories like affordable housing, clean energy, mass transit, etc.

Litigation

Alongside the main planning process, there is also a need to reform the litigation process around development. In addition to traditional tort lawsuits from property owners claiming damage to their property from development, a lot of planning and environemntal legislation allows for private groups to sue over a host of issues - whether the agency followed the correct procedures, whether it took into account concerns about this impact or that impact, and so forth.

As we saw with the case of Berkeley NIMBYs who used CEQA to block student housing projects over environmental impacts around "noise," this process can be used to either block projects outright, or even if the NIMBYs eventually lose in court, to draw out the process until projects fall apart due to lack of funding or the proponents simply lose their patience and give up.

This is why we're starting to see significant reforms to both state and federal legislation to streamline the litigation process. The categorical exemptions from review that I discussed above also have implications for litigation - you can't sue over reviews that didn't happen - but there are also efforts to speed up the litigation process through reducing what counts as "administrative record" or by putting a nine-month cap on court proceedings.