Urban Planning and Sudies 460

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 .