When California legislators were considering two bills to allow for “upzoning” throughout the state, local government officials lobbied to defeat the bills. Though both bills passed, opponents haven’t given up. They have launched an initiative to repeal the laws and return mob rule to California.
The primary argument being used by opponents of “upzoning” is that land use should be regulated by local governments rather than the state. They believe that the laws will be used as a club to compel municipalities to allow denser development. Opponents want the power to use that club to prohibit denser development.
The purpose of the initiative is to
ensure that all decisions regarding local land use controls, including zoning and regulations, are made by the affected communities. Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.
In other words, the values and needs of the community supersede the values and needs of property owners. The community should be allowed to vote on the actions that will be permitted of individuals.
Advocates for the initiative argue that the state laws allow city councils to override voter-approved initiatives on land use controls. So, if voters have prohibited certain types of development, city council could repeal those restrictions and restore some freedom to property owners. And this gets to the crux of the matter.
Those backing the initiative want the majority of voters to have the power to impose its values upon individuals. They want democracy in its true form—unlimited majority rule. They don’t want any restrictions on what the majority can do. A measure is good because the majority supports it. That means mob rule.