California Land Use Law
Land-use law broadly regulates how property can be used. Although the basis for land-use law originates in the U.S. Constitution (as one of the police powers), it is generally legislated and implemented at a local level. The most widely used type of land-use law is zoning, a type of regulation that designates zones within a city intended for and restricted to certain types of uses.
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History
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Land-use law in the United States dates to the early 19th century. Initial legislation separated noxious uses---such as slaughterhouses---from places where people lived. By the turn of the 20th century a number of cities---notably New York, Los Angeles and San Francisco---had passed comprehensive land-use laws. By the turn of the 21st century, land-use laws in some cities regulated everything from building height to restaurant service style.
Zoning
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A community's zoning code defines use categories and zones, procedures and terms. It separates actions that are permitted by law, that requires a discretionary approval by a hearing officer or appointed or elected board, and that are not permitted. An appeals process is incorporated in procedures. Zoning regulates issues both large and small. A public hearing on a zoning matter might be held to consider a proposed skyscraper or the architectural detail on a window alteration.
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Private Restrictions
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Covenants, conditions and restrictions, more commonly referred to as CC&Rs, are private conditions attached to property. So long as they do not violate any existing public laws, they are enforceable by civil law. Many CC&Rs regulate aspects of land use, such as setbacks, building size, colors and landscaping.
Subdivisions
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A subdivision is a division of land for the purpose of sale, lease, development or financing. By state law, every city and county in California is required to adopt legislation regulating subdivisions. In the subdivision process, local entities review issues such as parcel access, street layout, drainage, and impacts to sewage, water and schools.
California Law
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Although technically an environmental law, the California Environmental Quality Act (CEQA) has a significant effect on shaping land-use policy and development projects. All discretionary land-use projects (that is, projects which go through an administrative review process as opposed to those that must be approved) are subject to CEQA. If the project is found to result in a significant impact on the environment, decision makers are obligated to modify the project or demonstrate how the project's benefits outweigh the environmental impacts. CEQA has resulted in modifications to proposed land use throughout the state.
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References
Resources
- Photo Credit zone urbaine image by richard villalon from Fotolia.com
