category IIB Flashcards
What is a general plan and who is responsible for updating it?
// a general plan is a local government’s long-term blueprint for development
// the office of planning and research (OPR) is responsible for the creation, adoption, and updating of the general plan guidelines - the “how to” resource for drafting a general plan
// OPR also monitors general plan implementation with annual progress reports from cities and counties and grants general plan extensions for those who qualify
What is the Governor’s Office of Planning and Research and what are they tasked with creating?
// the office of planning and research (OPR) is part of the office of the governor and serves to help create long-range planning and research for land use goals and policies and constitutes the comprehensive state planning agency
Describe the seven mandatory elements of a general plan.
// land use: designates location of allowable land uses
// circulation: infrastructure plan for people, goods, transporation, utilities, communications, etc
// housing: meet existing & future housing needs, updated every 5 years
// conservation: protection of natural resources
// open space: preservation of recreation land
// noise: limit exposure and identify sources
// safety: protection from natural & manmade hazards
Who is required to produce annual reports and what information do they contain?
// general law cities, applicable charter cities and counties are required to file annual progress reports on the implementation of their general plan with their local legislative body, OPR, and the department of housing and community development
// these reports are due april 1st of each year
Define a master plan.
// a master plan implements the general plan through the use of maps and designated zones for allowable land uses, identifies open space, and sets restrictions on building use
What is the difference between a specific plan and a master plan?
// a specific plan is a community plan or specific neighborhood plan
// the specific plan will often take precedence over the local master plan by requiring more stringent design requirements
// for example, if a master plan allows for a maximum building height of 30’ but the specific plan only allows a height of 25’, the specific plan would take precedence
What are typical design concerns that a zoning ordinance would define?
// permitted use of the land
// restrictions such as height limitations, lot size, setbacks and parking requirements
// procedures for handling non-conforming uses
// procedures for granting amendments, variances and hearing appeals
Describe how a conditional use permit may be beneficial to the owner.
// a conditional use permit (CUP) allows a city or county to consider special uses which may be essential or desirable to a particular community, but are not currently zoned for that use
// this allows flexibility within a zoning ordinance
// for example, if an owner wants to build a school on a site zoned for residential, he/she could obtain a CUP by appealing to the local authority that it would be a beneficial use to the neighborhood
Name two boards concerned with design guidelines and what elements these guidelines typically affect.
// a design review board or architectural review board includes requirements in design guidelines that affects material and color selection, location of mechanical equipment, types of landscape permitted and signage requirements
What kind of restrictions can Codes, Covenants, and Restrictions (CC&Rs) place on a site?
// restrictions governing the use of real estate
// CCS are normally enforced by homeowner’s association, typically on condo buildings or single family developments. restrictions may include:
// material/color selection
// location of mechanical equipment
// landscape restrictions
// limitations on use, types of vehicles (i.e. no RVs) and types of pets (i.e. no dogs over 75 pounds)
Who enforces the American with Disabilities Act (ADA)?
// the us department of justice is responsible for enforcing ADA and publishes the 2010 ADA standards for accessible design
How is the American with Disabilities Act (ADA) enforced?
// through lawsuits and settlement agreements, however the department of justice may not sue a party unless negotiations to settle the dispute have previously failed
What are the five titles contained in the Americans with Disabilities Act (ADA)?
// I - employment: job application procedures, hiring, advancement, and discharge of employees
// II - public entities & transportation: access to services in school districts and public transportation
// III - public accommodations & commercial facilities: new construction & existing facilities access
// IV - telecommunications: hearing and speech impairment accessibility
// V - misc provisions: technical provisions
Which two titles of the American with Disabilities Act (ADA) are most applicable to design and construction?
// titles II and III
// these address, specifically with accessibility relating to public buildings, transportation services and routes as well as requirements for compliance for new construction and existing facilities
In regards to the Americans with Disabilities Act (ADA), how are complaints for non-compliant conditions generally handled?
// complaints about violations of title II or III should be filed with the department of justice
// they are usually initiated by individuals contacting the department of justice (i.. the department of justice does not typically go around looking for non-compliant conditions)
// most state government agencies have ADA compliance coordinators who can aid individuals in filing a compliant
Is ADA a federal or state statute?
// the ADA is a federal civil rights statue written with the intention of providing equal access for persons with disabilities
// although it is a federal statue, it is enforceable at both the state and local levels
Does the State of California only require ADA compliance on new construction?
// no, ADA compliance is required on both new construction as well as tenant improvements and facilities upgrades
// most juridictions require minimal compliance with chapter 11 of the CBC
What should an owner do if they are unable to fully comply with ADA requirements?
// full compliance with ADA is required on all new construction, however, if an owner is performing facilities upgrades on an existing property, they may file for a waiver to be exempt from full compliance if doing so would create an undue financial hardship
What is ADAAG and who publishes this document?
// the ADA accessibility guidelines (ADAAG) serves as a minimum baseline for standards and is published by the US access board
// they serve as a coordinating body among federal agencies and directly represent the public, particulary people with disabilities
Which of the following will the plan checker review the drawings for? ADA Compliance / CBC Chapter 11A / CBC Chapter 11B
// either CBC chapter 11A or CBC chapter 11b, depending on project type
// there is no plan check review for compliance with ADA standards
// the building and safety plan checker is only reviewing the drawings for compliance with the accessibility provisions of the CBC
Who is the party that is ultimately responsible for compliance with ADA?
// the owner
// the owner is the person who would be named in a lawsuit
// however, if the architect failed to adhere to ADA standards, the owner may sue the architect
// the owner would be sued by the department of justice if a settlement could not be reached
Should architects only be concerned with accessibility provisions contained in the CBC?
// no; architects are expected, as licensed professionals, to be knowledgeable of the ADA standards and to notify the owner of these standards and incorporate them into the drawings
// architects are also expected to comply with both the accessibility provisions of the CBC as well as ADA standards since the CBC is not always the most stringent
What is a helpful tool an architect can use to research applicable accessibility guidelines?
// the california disabled accessibility guidebook (CalDAG) is a third party publication that cross references the CBC regulations with ADA standards
What three regulations of the federal environmental protection agency (EPA) focuses on air, water, and chemicals?
// clean air act: regulates air emission from stationary and mobile sources to protect public health, establishes national ambient air quality standards
// clean water act: regulates discharge of pollutants and quality standards for surface waters
// toxic substances control act: regulates new and existing commercial chmicals distribution & use
What three regulations of the federal Environmental Protection Agency (EPA) focus on endangered species, environmental policies, and responses?
// endangered species act (ESA): conservation of threatened or endangered plants and animals as well as their habitats
// national environmental policy act (NEPA): requires environmental assessments & impact statements prior to land development
// comprehensive environmental response, compensation & liability act (superfund): long-term site cleanup and prioritization process
What design issues are the Federal Aviation Administration (FAA) concerned with?
// the FAA is concerned with development on any site located near an airport for issues such as building heights and outdoor lighting
// an architect must also consider noise as a concern for building occupants when building near an airport
// the FAA also develops airport design and engineering standards that focuses on airport design, drainage, layout plans, and master plans
What services are provided by the US Army Corps of Engineers regarding coastal protection and disaster response?
// coastal protection: protection from storm surge and wave generated erosion, construction of sea walls and breakwaters to protect against flooding and erosion, sediment management
// disaster preparedness and response: planning and mitigation of natural disasters such as floords resulting in saving of hundreds of lives and millions of dollars annually
What concerns regarding navigable waterways, environmental protection and regulatory enforcement does the US Army Corps of Engineers have?
// navigable waterways: planning and constructing new navigations channels as well as maintenance of existing in harbors and waterways
// environmental protection: includes rivers, lakes, wetlands, and the coast
// regulatory: protection of a wide variety of aquatic resources including wetlands, rivers, streams, tidal waters, coral reefs, shellfish beds, and oceans
How does the US Army Corps of Engineers protect the water supply?
// as one of the nation’s largest water supply agencies, the US Army Corps of Engineers plays a major role in ensuring that americans have enough water to meet their needs
// the corps has 136 multiple purpose projects that contain storage for water supply in 25 states
// california is in the south pacific divisions with districts in san francisco, sacramento, and los angeles
Name two federal acts administered and enforced by the US Army Corps of Engineers.
// Section 10 of the Rivers and Harbors Act of 1899 (federal): a corps permit is required for work on structures in, over, or under navigable waterways in the US
// Section 404 of the Clean Water Act (federal): a corps permit is required for the discharge of dredged or fill material into waters of the US
Which federal agency enforces the Endangered Species Act?
// US Fire and Wildlife
// their mission is to work with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people
What duties of the US Coast Guard are relevant to design and construction?
// living marine resources: ensuring the country’s marine protected species are provided the protection necessary to help their populations recover to healthy, sustainable levels
// marine environmental protection program: develops and enforces regulations to avert the introduction of invasive species into the maritime environment, stop unauthorized ocean dumping, and prevent oil and chemical spills
Describe what building safety concerns Underwriters Laboratories (UL) certifies.
// UL provides product development as well as safety testing and certification with a focus on materials and assemblies features such as:
// fire protection & resistance ratings
// means of egress door hardware and exit signage
// roof assemblies for fire performance, hail and wind uplift resistance
