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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.
A use variance is a variance that authorizes a land use not normally permitted by the zoning ordinance. [2] Such a variance has much in common with a special-use permit (sometimes known as a conditional use permit). Some municipalities do not offer this process, opting to handle such situations under special use permits instead.
Land-use exactions and permit conditions are governed by the Nollan-Dolan rule. [9] In Nollan v. California Coastal Commission , the Supreme Court adopted a test to determine when an exaction is a taking: the municipality "must demonstrate an 'essential nexus' between a harm identified with the proposed development and the required exaction."
California Gov. Gavin Newsom has this week issued an executive order to spare victims of the Los Angeles wildfires from onerous government permitting and review requirements as they rebuild their ...
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.
The California Environmental Quality Act (CEQA / ˈ s iː. k w ə /) is a California statute passed in 1970 and signed in to law by then-governor Ronald Reagan, [1] [2] shortly after the United States federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection.
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Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co