California land use controls and regulations Flashcards
When preparing general plan, the planning commission must include certain essential elements such as
Circulation
Conservation
Housing
Noise
Open space
Safety
After general plan is adopted, a specific plan can be developed. Which statement best describes a specific plan?
A specific plan goes into more detail than the general plan and may include information relevant to the information of the general plan
A specific plan is the master plan that establishes how the area will be developed
A specific plan goes into more detail than a general plan, and they include information relevant to the information of the general plan
After the plan is adopted local authorities, still use their powers to implement this plan
Police power
The authority of ALL LEVELS of government to act on behalf of the health, safety, and welfare of its citizens
Interstate land sales full disclosure act
A federal law of regulating interstate, land sales
Protect consumers from fraud and abuse in the sale or lease of land
Act passed in 1968, regulate and protect
Requires land developers to register subdivisions of 100 or more non-exempt. Lots for condominium units.
Buyer disclosure document called a
Property report
Information about the subdivision.
Buyer has a seven day period after receiving the report to cancel the purchase agreement
If the disclosure isn’t provided, the buyer can rescind the contract just based on that
Police power is government authority at all levels to ensure the health, safety and welfare of its citizens, which includes the control of public land use.
True or false
True
Land an open space planning and zoning and subdivision development are all controlled at the state level
True or false
False
Although the state does have control over certain public properties, local governments, and their planning boards have control over these areas
Local governments and property boards, control, budgeting, site plan review, and building codes
True or false
True
This prevents fraudulent sell a property, purchase site unseen through the regulation of land sales across the state lines.
Interstate land sales full disclosure act
Prevent fraudulent, sell a property, purchase site unseen through the regulation of land sales across the state line
A taking
When the government actually takes someone’s property.
Using eminent domain.
Government taking is where the property owner isn’t compensated and has to use the government for the properties value
Condemnation
When the government takes property under a eniment domain.
A governmental authority appraises the property that’s being taken.
The owner of the property is then offered the appraised value as just compensation.
The owner can decline the amount and hire an attorney if they think it’s too low.
Inverse condemnation
Occurs when private property is regulated by a government authority to detriment of the land owner.
The owner Can longer use the property for economic gain.
That constitutes a taking that would be inverse condemnation since the government has not actually come down to the property and offered compensation to the owner.
The owner has to sue the government for compensation
The power of government to take private land for public use
Eminent domain
Taking
Condemnation
Eminent domain
When the government takes someone’s property, using the power of eminent domain, and the owner receive compensation for the property value
Eminent domain
Taking
Condemnation
Condemnation
When the government takes title to private property under eminent domain, or regulations remove the economic values of a private property
Eminent domain
Taking
Combination
Taking
Eminent domain is the power of government to take private land for public use
True or false
True
Condemnation occurs when the government take someone’s property and offers just compensation based on the property value
True or false
True
Taking is a form of government seizure of property that isn’t related to the public good
True or false
False
Inverse condemnation occurs when private property is regulated by a government authority to the detriment of the land owner
True or false
True
What describes the significant court ruling Kilo versus the United States?
The court ruled that the cities can exercise the power of eminent domain
to promote private economic development, even though the constitution prohibits taking private property unless it’s for public use
The court ruled that the cities can exercise the power of eminent domain to promote private economic development, even though the constitution prohibits it
CityVille Leiden, one of its main boulevards, which remove the only entryway into a movie theater. The theater is planning to bring on action against the city to force the city to pay the theater for the entire property, because it’s a loss of business was caused by the cities construction. What is this an example of
Condemnation
Eminent domain
Inverse condemnation
Inverse condemnation
Zoning ordinances
Local laws Regulate lot size, building height, and permitted uses within each zoning classification on the zoning map
Local authorities can exercise their police power in what areas
Budgeting
Building codes
Site plan review
Subdivision development
Zoning
Zoning designations on a zoning map
Agricultural
Industrial
Does not specify or address the specific type of construction materials used
As of right zoning
A term used to mean the permitted use of property
A single-family zoning district includes the construction of a factory, duplex, or office building
All landowners in that zone, also have the right to use the properties in the same manner
Community redevelopment agencies
Employed by the power of eminent domain to take ownership of property. Obtaining funds needed to re-develop property and re-development efforts. This improves existing structures and buildings of new structures.
What is CRAs?
California community redevelopment agencies
Is California community redevelopment, agencies, a.k.a. CRAs active
On February 1, 2012, all agencies were dissolved and no longer operation today. We look to a new legislation to combat blight and re-development projects that could be funded through property tax as well, preserving funds that go towards schools
California police power zoning
Zoning dictates, how areas can be used by assigning them zones. Used with alignment with general plan residence can file a complaint if they believe actions are in alignment with the general plan.
What are specifications for zones?
Permitted use
Lot size or coverage
Building height
Setbacks
Density
Zoning
A police power that cities can utilize to dictate how areas will be used
Local authorities lack police power over which of the following?
Budgeting
Federal government construction projects
Subdivision development
Zoning
Federal government construction projects
Local authorities have police power over, budgeting, zoning, and subdivision development, but they lack police power over federal government construction projects
Which agency administers the interstate land sales full disclosure act?
Consumer financial protection bureau
Department of energy conservation
Developers, land, sales act
Housing and urban development
Consumer financial protection bureau,
Remember that interstate land sales, full disclosure act is designed to protect consumers from the fraudulent sale of property site unseen through the regulation of land sales across the state lines
After general plan is developed, what is the next step in the adoption process?
Developers bid on areas they would like to develop
Residents vote on a plan
The plan is reviewed at a public hearing by the local legislative body
The plan is reviewed at a public hearing by the planning commission
The plan is reviewed at a public hearing by the planning commission
After general plan of develop the planning commission hold of public hearing to review the plans, and then the commission makes its recommendation
In the movie is a shady sales person might say I have some great farmland to sell you in the Midwest. Just take a look at the brochure and let me know if you’d like to buy. The federal government passed a law to prevent such fraudulent sales of property site, unseen. What is that?
Interstate, citizens protection act
Interstate land sales full disclosure act
Police power act
Subdivision act of 1997
Interstate land sales full disclosure act
What police powered to community redevelopment agencies CRAs use?
Condemnation
Eminent domain
Escheat
Inverse condemnation
Eminent domain
CRAs commonly use the power of eminent domain to acquire, blighted areas for redevelopment
Police power is the government authority at what levels?
Any level
Federal only
Local only
State only
At any level
Police power is government authority AT ANY LEVEL to do what it can’t ensure the health, safety, and welfare of its citizens
The process in which the government actually take someone’s property through the power of eminent domain is called——?
Condemnation
Encroachment
Encumbrance
Escheat
Condemnation
Spark city has built a new city courthouse. The construction caused a landslide, which Barry, most of Joe’s Farm Lane, now, it can no longer be used for farmland. Joe is bringing an action against the city for his property loss. What is this an example of?
Condemnation
Eminent domain
Foreclosure
Inverse condemnation
Inverse condemnation
Occurs when action is brought against the government when its police powers have caused an adjacent land owners property to decrease in value
A ———— is created after a jurisdictions general plan is adopted. It provides more detailed information and aids in the implementation of the general plan
Development plan
General plan
Specific plan
Zoning plan
Specific plan
When the planning board gets together, Carl focuses on commercial aspects, Renee focuses on residential areas, and Arthur focuses on agricultural spaces. All without any insight from one another. What type of planning is this?
Form base planning
Integrated planning
Pocket planning
Traditional planning
Traditional planning
———— is the power of government to take private land for public use
Eminent domain
Encumbrance
Escheat
Foreclosure
Eminent domain
Can police power ever be used in a way that restrict citizens freedom?
No, that’s beyond the scope of police power
Yes, but only one citizens have committed a crime
Yes, if it’s for the good of the public
Yes, that’s the purpose of police power
Yes, if it’s for the public good
The governments authority at all levels to ensure the health, safety, and welfare of its citizens, which includes the control of public land-use, is definition of———-?
Condemnation
Eminent domain
Police power
Sovereignty
Police power
While eminent domain and condemnation are part of it, police power to find a larger scope of authority
The Johnsons have owned a small restaurant for more than 20 years. It’s open for lunch and dinner six days a week and 80% of the weekdays revenue comes from happy hour, drink and appetizer specials the town in which the restaurant is located recently constructed a new middle school and stripped the liquor license from the Johnson’s restaurant because it no longer complies with the ordinance to be 500 feet from a school property. Johnson’s have accused the town of.———?
Combination
Eminent domain
Escheat
Inverse condemnation
Inverse condemnation
Which of the following is a true statement about police power and public land use Control’s?
Government agencies may exercise police power, only when it does not restrict the freedom of its citizens
Local governments and they’re planning boards, control, budgeting, site, plan review, and building codes
Planning, zoning, and subdivision development are primarily controlled at the state level
Police power is citizens rights to Police themselves
Local governments and they’re planning boards, control, budgeting, site, plan review, and building codes.
What government regulations cause a land owners property to decrease in value it’s called
Condemnation
Eminent domain
Escheat
Inverse condemnation
Inverse condemnation
Accessorie apartment
Accessory use to the main use of property, extra room, even a shed.
Group homes
Residential zone facilities for unrelated individuals with physical, mental, or behavioral disabilities. Allowing up to eight accommodations by violations of the Fair housing act.
Use that’s subordinate to the main use of a single-family home, such as a mother-in-law, suite or toolshed
Accessorie apartment/accessory
Group home
Home occupation
Accessory apartment/accessory
Yes, that’s for a business purpose that secondary to the use of a single family dwelling and conducted only by the dwellings residence
Accessorie apartment
Group home
Home occupation
Home occupation
On a far ratio diagram, one story covers
Entire lot
Half a lot
A quarter of a lot 1/4
Entire lot
On a far ratio diagram two stories covers
One full lot
Half a lot
1/4 lot
Half
On a far ratio diagram four stories covers
An entire lot
Half a lot
A quarter of a lot
1/4
What does FAR ratio diagram stand for?
Floor to area ratio
By dividing the gross floor area of a building by the total area of the lot
FAR describes the intensity of use
Building height and site coverage are factors that affect FAR
What is incentive zoning?
When a municipality will allow an otherwise prohibited type of construction, if the developer will give the municipality something back in return
If they include some sort of community improvement in their building project
How to calculate floor to area ratio FAR
Divide the gross for area of building by the total area of lot
What is not included in FAR
Parking structures
Underground condo, parking garage
Claire wants to develop a 10,000 square-foot building on a 1 acre parcel of land a.k.a. 43,560 square feet what is the FAR?
5000+5000 = 10,000 square footage which is then divided by the total area of the lot 43,560 ft.² a.k.a. an acre
FAR = 0.23
What is zoning about?
Land-use what you can do with a property
Density how big the building can be
What are zoning rules?
Floor to area ratio FAR
Lot area per unit
Minimum lot area
Maximum building height
Front yard setback
Side setback
Rear yard setback
Rear yard open space
On site open space
What does FAR describe?
Intensity of use and not the building height or site coverage
Bulk zoning regulations
Restrict the density of buildings in an area through building design requirements, such as floor to area, ratios, setbacks, lot, size, building placement, and open space requirements.
Aesthetic zoning
Will specify that all buildings in neighborhood have to be a certain style in order to uphold the architectural integrity of the area
Downzoning
Assigning a lower density youth zone to an area previously allowed higher density. To limit overgrowth of cities. Example.
An apartment building cleared out every zoned for single-family, small or multi family dwellings
Inverse condemnation occurs when property value is diminished due to the adjacent land being taken for public use
A town has just assigned a lower density use zones to an area that previously allowed higher density. What’s one reason the town they have done this?
Turn prove property values
To increase density and surrounding areas
To increase taxes
To limit overgrowth
To limit overgrowth
What’s the definition of a group home?
A facility where unrelated adults live
A home that’s grouped closely to other dwellings for increased density
A institutions, such as a prison or mental facility
Any multi family dwelling?
A facility where unrelated adults live
The town of Petersville just decided to restrict density in one area of town that previously allowed a higher density. This is known as——-?
Aesthetic zoning
Density zoning
Downzoning
Reduction zoning
Downzoning
Downzoning occurs in one area, reducing property values in adjacent areas, what can a home owner in those adjacent areas due?
File a claim for inverse condemnation
Require a zoning change to their own property
Sell at a loss and file a claim
Sue their neighbors
File a claim for inverse condemnation
Zoning
mixed use properties
Residential and commercial built with either a retail space below, and condominiums above
Planned unit development, PUDs
Cluster zoning
Density zoning, placing residential properties close together allows flexibility to include large open space such as park
Cumulative zoning
Zoning use is ranked in a hierarchy, allows any use that would be allowed in higher, less intensive zone to be permitted in a lower use, more intensive zone
Single-family residential
Multi family residential
Commercial housing
Offices
Retail
Light industrial
Heavy industrial
Exclusive use zoning
Frequently seen in agricultural areas to protect farmland from conversion to other uses
Maximum lot area for non-farmland, residential views, minimum lot wits and setbacks
Non-conforming use zoning
When a property use is no longer permitted due to a subsequent zoning change. an exception is made if you are grandfathered in provided the property that enjoys the non-conforming use doesn’t change.
Spot zoning
When a specific property is re-zoned for another use with a zoning area. Property owner sometimes tried to re-zone from residential to commercial to increase volume of their land, it has a negative impact on the value of nearby properties.
Spot zoning is illegal when it is solely for the property owners benefit or devalues the surrounding
Allows the developer to place residential properties, closer together, allowing for large open spaces to be used for parks or other community and amenities
Cluster zoning
Allows any use that would be allowed in a higher use, less intensive zone to be permitted in a lower use, more intensive zone
Cumulative zoning
Combines complementary uses, such as residential and commercial
Mixed use zoning
Allows the only one type of land used within a particular zone or district
Exclusive use zoning
Is used when a specific property is rezoned for another use within a zoning area
Spot zoning
PUD describes both the type of development and regulatory process that allows the developer to meet the communities goals for land-use and density without being restricted by existing zoning requirements
True or false
True
A PUD is planned and built as a unit
True or false
True
Using a PUD allows for innovative, uses of spaces and structures to achieve plan goals
True or false
True
History preservation
Landmark in historic preservation conditions, accomplish their objectives by recommending ordinances, to preserve certain historic neighborhood, landmarks, buildings, and sites
The review and approve applications for changes to existing landmarks that involve construction demolition or relocation
Preservation methods
Recommend ordinances
Review and approve change applications
Special use permit
Conditional use permit
When someone wants to use the property in a way that isn’t really in accordance with zoning regulations that provided a service that was in public interest like a golf course.
Variance
Is a permitted deviation in the requirements of zoning ordinance
Temporary, halting new property development with the communities best interest in mind
Nonconforming use
Special use permit
Variance
Moratorium
Moratorium
Permitted deviation in the requirements of the zoning ordinances
Nonconforming use
Special use permit
variance
Moratorium
Variance
Permit used to allow use in a zone that is not normally permitted. Requires permission of the planning board or another legislative body.
Nonconforming use
Special use permit
Variance
moratorium
Special use permit
The owner can continue to use the property as originally zoned, even though the use does not meet current zoning regulations
Nonconforming use
special use permit
Variance
Moratorium
Nonconforming use
This type of variance allows the owner to use the land for a purpose that would otherwise be prohibited by the current zoning
Use variance
Area variance
Use variance
Without the aid of this variance the property owner would lose the economic benefit or use of the property
Use variance
Area variance
?
In order to get this type of variance, the property owner must show that the hardship is unique, and not endemic to the neighborhood
Use variance
Area variance
Use variance
This type of variance allows the owner to use the land in a way that is not normally allowed by physical or dimensional requirements of the current zoning
Use variance
Area variance
Area variance
The variance cannot be undesirable or a detriment to the other properties that are nearby
Use variance
Area variance
Area variance
The property owner must show that the variance will not alter the essential character of the neighborhood
Use variance
Area variance
Use variance
The property owner must show that the hardship that is being claimed is not self inflicted
Use variance
Area variance
Use variance
The results of the variance cannot be achieved through any other means
Use variance
Area variance
Area variance
The impact of variance would not be substantial
Use variance
Area variance
Area variance
The resulting change could not be achieved by any other means
Use variance
Area variance
Area variance
Special use Permit is also known as a use variance.
True or false
False
Special use permit is sometimes called a used permit, special exemption, permit, or special permit, but does not use a variance
The planning board or zoning administrator will usually Grant a special use permit if the proposed use is in harmony with local zoning ordinances in laws
True or false
True
Before the planning board can grant a special use permit, the planning board or other legislative body must give special permission
True or false
True
Moratorium
Temporary halting of new property development with the communities best interest in mind
Nonconforming use
The owner can continue to use the property as originally zone even it does not meet current zoning regulations
Special use permit
Allowed use in a zone that is not normally permitted in the zone. Requires permission of planning board or another legislative body.
Variance
Permitted deviation and the requirements of the zoning ordinance
Use variance
Allows the owner to use the land for a purpose that would otherwise be prohibited by the zoning in place
Area variance
Allows the owner to use the land in a way that is not normally allowed by the physical or dimensional requirements of the current zoning
Special use permits
Granted for use that’s not permitted in the zone otherwise, and require special permission of the planning board, or another legislative body. Especially use permit requires a public hearing.
The sunshine law
Means that all meetings of zoning board, planning board, and the local zoning authorities are open to the public
Abutting
Term meaning parcels of land that share a common border
Accessory apartment use
A mother-in-law suite is an example of this
Accessory use
Are use incidental to the main purpose of a property
Condemnation
The act of taking property under eminent domain
Doctrine of laches
Legal loss of a right with the thought that “ if you don’t use it, you lose it”
Eminent domain
The power of the government to take private property for public use
Escheat
The power of the government to claim a deceased persons estate with no will, heirs, or creditors, are found
Family, as defined by law
It can mean one or more persons living as a single housekeeping unit
Home occupation
An owner of a small business using the owners residential property to conduct business
Lead agency
Organization that oversees the entire environmental impact evaluation
Police power
Governmental authority to provide for the health, safety, and welfare of its citizens
Restrictive covenant
A promise between two parties, appearing on a deed that specifies what may or may not be done with the real property
Taking - as defined by the courts
A move by a governmental body that deprive a land owner of the economically viable use of the property and result in the owner not being able to obtain reasonable return on investment
Transfer of development rights
Program that encourages a shift in growth away from the agricultural or environmentally sensitive regions to more appropriate areas
Group home
A residential facility for five or more adults who have been institutionalized for various reasons, and then released
Which of the following is a type of zoning action?
Aesthetic
Bulk
Moratorium
Rulal
Moratorium
April was able to establish a daycare in residential neighborhood, where the zoning wouldn’t normally be permitted. This requires permission from the planning commission——-?
A special use permit
A tax referendum
A variance
A zoning ordinance
A special use permit
Which of the following is true about zoning?
Propose, zoning, ordinances are examined for fairness before being enacted
Wow zone, he may impact a community, it does not impact individual property owners
Zoning changes are enacted by local governments without public input
Zoning does not impact property value
Propose, zoning, ordinances are examined for fairness before being enacted
