Note: This article originally appeared on The Healthy City Local. It is reprinted here with the author’s permission.
In the last couple of posts I’ve been trying, mostly by means of rereading Mike Davis’s City of Quartz, to put anti-development politics in Santa Monica into a regional context. I’ve recently read, however, another book (and reviewed it on Huffington Post), that gives a national context for politics that we think of as quintessentially local.
Who in Santa Monica (aside from a few apartment owners) benefit from the housing crisis, which causes property values to skyrocket? In an era of scarcity of homes to buy, who benefits from restricting development of market-rate housing, particularly condominiums?
[/pullquote]The book is Dead End: Suburban Sprawl and the Rebirth of American Urbanism, written by Benjamin Ross, who is, among other things, a transportation activist from Maryland. In the book Ross traces the history of how America, which celebrates few concepts as highly as private property and democracy, paradoxically created a regulatory system for land that (i) subordinates an individual property owner’s rights to the rights of the group (either neighbors through a homeowner’s association or government through zoning), and (ii) reserves power over real property to only a few citizens.
Adding irony to paradox, this red-blooded American system of land control has its origins in proto-socialist ideas and ideals of pre-Civil War communalist utopians. After various false starts these ideas coalesced into a replicable format in a New Jersey suburb called Llewellyn Park laid out in 1857. The formula included controls on what individual owners could build on their properties.
As one of the first purchasers of a home site in Llewellyn Park put it (as quoted by Ross), “[e]ach Llewellyn Park property owner . . .‘possesses the whole park in common, so that the fortunate purchaser of two or three acres becomes a virtual owner of the whole five hundred.’” As Ross describes the impact of this, “[h]ere in germ is the belief of today’s suburban homeowner that property rights include a veto over building on neighbors’ land – an understanding shared by even the most ardent defenders of private property.”
From 19th century private covenants evolved 20th century zoning, which developers and governments used to assure purchasers of home sites that their neighbors would be just like them, to the exclusion of anyone else. Restrictions on the use of one’s property, Ross finds, were primarily for the purpose of preserving status, although they were also marketed as a way to preserve property values. (In classical economics, however, let alone American ideology, property values are maximized when the property owner is free to exploit the property to its highest potential.)
Clearly, citizens have an interest in regulating all uses of property and, in many cases regulation can enhance the value of property. These decisions about regulating property, however, are supposed to be made through a democratic process. What Ross finds objectionable is that decisions about real property are typically made by the property owners themselves, either through private covenants or because most land use decisions are left to local governments that only represent the people already living there.
Citizens who are affected by these decisions—such as people needing places to live—have no vote or say in the matter. If you think that this didn’t apply to Santa Monica, note that much of Santa Monica’s residential land was developed with restrictive covenants that kept out minorities. The covenants were outlawed more than 60 years ago, but to this day few minorities live where there were restrictive covenants. The minority citizens never got to vote on the restrictions.
Ross finds that people invested socially and economically in the way things are find ingenious ways to rationalize their self-interest in the status quo—specifically in the exclusion of newcomers. In his words,
Unwilling to admit – and often unable to recognize – the status-seeking motivations that lurk behind their agenda, opponents of development search for any convenient excuse to oppose something that might be built nearby. Traffic is a perennial objection, blessed by the Supreme Court in Euclid v. Ambler [the 1926 case that found zoning to be constitutional] and never since out of favor. Another common tactic is to go after the builder rather than the building. Homeowners appeal to the sympathies of the uninvolved, presenting themselves as innocent victims of oppressive developers.
Now, does this describe Santa Monica anti-development politics or what? Everyone here likes to think of our beautiful town as special, exceptional in its loveliness as well as its traffic problem, but it turns out that people all over the country have been using traffic to justify exclusionary zoning since (at least) the 1920s. (As someone who hates traffic, I wish they’d come up with something that worked.)
It’s been breathtaking to hear recently the kvetching from some Santa Monica homeowners about increased water rates, and mandatory 20% reductions in water use that will be imposed on some of them. And of course all that’s been turned into another rhetorical tool against building (water-efficient) apartments. Look—it’s hard to think that life has treated unfairly folks who own homes in Santa Monica, whether they’ve been sitting on their capital gains and low Prop. 13 tax rates for years or have enough dough to have bought in recently.
[/pullquote]“[T]o go after the builder rather than the building.” So it’s not only in Santa Monica that whenever there’s no fact-based or logical argument against a development, the opponents play the “greedy developer” card (that is unless the developer is a non-profit, in which case they can play the “neighborhood character” card). Developers want to make a buck, and because they typically take big risks and work in a cyclical industry they want to make big bucks, but are they are any more greedy than, say, movie producers, who also work in a high risk industry? Or restaurant owners? Or anyone else in business?
Meanwhile, who in Santa Monica (aside from a few apartment owners) benefit from the housing crisis, which causes property values to skyrocket? In an era of scarcity of homes to buy, who benefits from restricting development of market-rate housing, particularly condominiums? Keep in mind that it’s not like anyone is proposing to build apartments or condos in single-family zones.
Homeowners “presenting themselves as innocent victims.” Hmmm. It’s been breathtaking to hear recently the kvetching from some Santa Monica homeowners about increased water rates, and mandatory 20% reductions in water use that will be imposed on some of them. And of course all that’s been turned into another rhetorical tool against building (water-efficient) apartments. Look—it’s hard to think that life has treated unfairly folks who own homes in Santa Monica, whether they’ve been sitting on their capital gains and low Prop. 13 tax rates for years or have enough dough to have bought in recently.
There’s more in the book than I can describe here. Ross shows how every well-intentioned movement you can think of, from environmentalism, to historic preservation, to growth boundaries, to expanded public participation in the planning process, to negotiating for community benefits, etc., etc., gets twisted to become yet another exclusionary tool. He even points out that residents who manage to move into apartments or condos in desirable places then often want to raise the drawbridges themselves.
However, Ross ends on optimistic note. For various reasons Americans are becoming more comfortable with city living, and these cultural changes are driving an urban renaissance.
Like in Santa Monica.
Thanks for reading.