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Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or conditional-use permit) must be obtained.
In March 2012, Malamud published the rest of the CCR on law.resource.org. [3] In February 2013 California State Assemblyman Brian Nestande (R-42) introduced AB 292 that would mandate the CCR be published under a Creative Commons license. [4] [5]
The Nollans owned beachfront property in Ventura County, and wished to replace a 504-square-foot (46.8 m 2) bungalow which had fallen into disrepair with a 2,500-square-foot (230 m 2) house. As a condition for permits to do so, the California Coastal Commission required that the Nollans dedicate for 20 years a strip of land along the beach in ...
Likewise, California legislators have chipped away at CEQA as part of their admirable but insufficient efforts to spark multi-family housing construction by creating a streamlined permitting process.
The director of this agency is appointed by the governor and subject to confirmation by the senate. The director appoints a staff of full-time attorneys, and any other technical or clerical positions that need to be filled. [4] The California Administrative Procedure act can be found in California Government Code sections 11340-11365. [2]
The state appellate court affirmed, [4] but the Supreme Court of Florida reversed, holding that Nollan and Dolan did not apply because (1) Koontz's permit was denied, rather than granted subject to the unconstitutional condition, and (2) the District sought money rather than a conveyance of real property as a condition to issuing the permit. [5]
California has a powerful tradition of popular sovereignty, which is reflected in the frequent use of initiatives to amend the state constitution, as well as the former state constitutional requirement [18] (repealed in 1966 and enacted as Government Code Section 100) that all government process shall be styled in the name of "the People of the ...
Generally, zoning is a constitutional exercise of a state's police power [4] to protect public health, safety, and welfare. Therefore, spot zoning (or any zoning enactment) would be unconstitutional to the extent that it contradicts or fails to advance a legitimate public purpose, such as promotion of community welfare or protection of other properties.