Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of Nollan and Dolan and was therefore unconstitutional. Alliance for Responsible Planning v. Taylor (County of El Dorado, No. C085712 (3rd Dist., May 4, 2021).

El Dorado County voters adopted Measure E, whose stated purpose was to end the practice of "paper roads" under which developers paid fees to mitigate traffic impacts but construction of the improvements was often delayed, resulting in unacceptable levels of service. Measure E modified County General Plan Policies to require that all necessary road improvements be completed by the project proponent so as to "fully offset and mitigate all direct and cumulative traffic impacts . . . before any form of discretionary approval can be given to a project."