In California, a city's general plan designates an area for 'medium density residential.' A developer proposes a project with a density of 30 units per acre, but the general plan specifies a maximum of 20 units per acre for medium density. Under California law, the city must:
Correct Answer
A) Deny the project or require the developer to reduce the density to conform with the general plan
Under California Government Code §65860, zoning ordinances and development approvals must be consistent with the general plan. The general plan serves as the 'constitution' for development, and no project can be approved that is inconsistent with it. Since the proposed density exceeds the general plan's maximum, the city must deny the project or require conformity with the 20-unit-per-acre limit.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
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