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.