Urban Planning and Sudies
John applied for a 200 square foot room addition to his home in a residential neighborhood. The City is demanding that he dedicate an easement for a bike path along the front of his property (10'x100') and an easement for a storm water runoff system at the rear of his property (10'x100').
1. Apply the Nollan/Dolan analysis to these faces (see below for explanation on Nolan Dolan). Use the IRAC method.
2. John's application also includes covering the rear 50% of his lot in asphalt. Apply this new fact to analysis of the storm drain exaction. Use the IRAC method to discuss.
Nollan/Dolan Test
• Nollan
- Cal. Coastal Commission demanded path across beach front property: Path was parallel to water
• not an "access" to beach issue
• Actually taking some of land to merely give others ability to have same view, enjoyment of the beach
- Held: No nexus to legitimate government interest in requiring path along the beach
- When enacting such requirement, have GOOD reason supported by scientific evidence for policy
Nollan/Dolan Test (con't)
• Dolan
- City put condition on discretionary permit: must have bike path along property and a storm drain easement
• Path was parallel to road
• Held:
- 1. Must show essential nexus with the Property taken
- 2. Taking must be roughly proportional to development's impact
- When enacting such requirement, have GOOD reason supported by evidence why THAT DEVELOPMENT is creating the impact and how the condition is mitigating it
Best Practices in California
• For conditions of development (CUP's, etc.)
- City has burden of proving sufficient nexus between impact of development and the dedication
- No precise calculation exists
- City has burden to show why dedication is necessary and why land use restriction will not accomplish the goal
- City can only seek dedications expected from THAT development
- Do not rely on conclusory statements, use quantifiable evidence
Create IRAC analysis according to the information and Nolan/Dolan Test.
Please follow the instructions and all information above.