env law notes

env law notes - Week 1 Lecture: Reading: Ch. 1: Overview:...

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Week 1 Lecture: Reading: Ch. 1: Overview: police power legal basis for all land use regulation: police power of the city to protect the public health, safety, and welfare of its residents o land use regulation lies within the city’s police power if it is reasonably related to the public welfare o police power: set forth in the Ca. Constitution o police power is an elastic power; allows cities to tailor regulations to suit the interests and needs of a “modern, enlightened and progressive community” o aesthetic reasons alone can justify the exercise of olice power o ability to limit big-box retail stores (ie Wal-Mart stores) o governing principles: establishment of local planning agencies, zoning regulations, development agreements, ca. environmental quality act, Ralph M. Brown Act, permit streamlining act, mitigation fee act legislative preemption o city cannot act where state legislature has encacted laws (local v. state ordinance, state takes precedence) City council o 5 concil members, one whom is the mayor o Three types of decisions: legislative (policy and zoning ordinances), quasi- judicial (apply legislative policy to individual development projects, made by city council or planning commission), and ministerial (city has no discretion, ie permit) planning commission o permanent committee of 5+ citizens appointed by the city council o review and act on matters related to planning and development
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env law notes - Week 1 Lecture: Reading: Ch. 1: Overview:...

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