Conditions of approval can include restrictions as to use, size, design, and development timing and are stipulated to mitigate potential adverse impacts that could be expected to occur without imposing such conditions.  Conditions may also be imposed on a project to be compatible, complementary, or otherwise not detrimental to specific other surrounding uses. 1/

There are limitations in establishing conditions of approval. Four general rules of thumb in applying conditions of approval include: (1) the jurisdiction must be acting within its police powers; (2) the condition must substantially further a legitimate public purpose; (3) the condition must further the same public purpose for which it was imposed; and (4) the property owner may not be required to carry a disproportionate load in furthering the public purpose. (California Land-Use and Planning Law, 9th edition)

There are two specific tests applied when imposing conditions. One, the Nollan (1987) test, is a link between the proposed project and imposed conditions. 2/  For example, the need for additional parking beyond the proposed project should not be done without special ordinances based on studies or other objective evidence.  In the Dollan (1994) test, conditions for the development and use of the property must be justified by a benefit that is “roughly proportionate” to the burden imposed; otherwise, it is Taking (Dollan v. City of Tigard). 3/

Footnotes

1/   A more comprehensive discussion of conditions is presented in SATT's Neighborhood Council Training on Zoning Basics (Tool Kit)

2/  If a condition applied to a conditional use permit is not linked to some legitimate public need or burden the project creates, the condition imposed could be deemed a taking of property in violation of the U.S. Constitution's Fifth and Fourteenth Amendments (Nollan v. California Coastal Commission (1987) 97 L.Ed2nd 677). Where a regulatory taking has been found to occur, the courts will overturn the agency's action and may require the agency to pay the applicant compensation for the taking (Dolan, supra).

3/   Section 65909 provides that dedications of land, as conditions of approval, must be "reasonably related" to the use of the property for which the conditional use permit is requested. There must also be a "rough proportionality" between the extent of the condition and the particular demand or impact of the project (Dolan v. City of Tigard (1994) 129 L.Ed2nd 304). In addition, a performance bond cannot be required for the installation of public improvements that are not reasonably related to property use. The Mitigation Fee Act describes limitations on impact fees (Section 66000, et seq.).