category IIb

Question 0

What are codes, covenants, and restrictions (CC&Rs)?

Answer 0

// the term codes, covenants, and restrictions refer to agreements that govern homeowner associations and the properties under their jurisdiction

// cc&rs are typically, but not exclusively, associated with condominiums and address issues such as pets, parking spaces, recreational facilities and sub-leasing

// the homeowners association generally has legal standing to impose fines, initiate legal enforcement actions, and foreclose on properties to collect unpaid

Question 1

What are neighborhood design guidelines?

Answer 1

// neighborhood design guidelines are by private associations which derive their authority from restrictive covenants placed on the property deeds in the neighborhood. they generally regulate:

// the materials palette including including colors and design features

// rooflines and other massing elements

// visibility of structures and parking lots from neighboring properties and streets

// landscaping, lighting, and signage

Question 2

You are designing a project located in municipality Y. Which building code applies?

Answer 2

// the california building code

// however any city, county, or fire protection district may establish more restrictive building standards than those contained in the CBC if the amendment is reasonably necessary because of local climatic, geological, or topographical conditions

Question 3

What is a variance?

Answer 3

// granted by zoning authorities, variances give the owner the right to deviate from the specific terms of the zoning ordinance

// the proposed deviation must not be contrary to the public interest, and the owner must show that a failure to grant the variance would create an undue hardship

Question 4

What is a conditional use permit and when is it required?

Answer 4

// certain land uses in particular zoning districts may require special approval (e.g. gas stations, liquor stores)

// conditional use permits allow zoning authorities to impose conditions on the land use in exchange for the permit

Question 5

The site is located in a historic district. How does this affect the project?

Answer 5

// the project must comply with the local historic preservation plan

// in most cases demolition, exterior alteration or extensive repairs of the structure are not permitted without prior permission

// major changes or new structures must be compatible with the existing character of the historic district

Question 6

What is the purpose of a zoning ordinance?

Answer 6

// to control growth and development of a geographic area in an organized manner

// to mitigate the juxtaposition of incompatible land uses

Question 7

What are subdivision regulations?

Answer 7

// subdivision regulations are local rules that apply whenever a plot of land is be divided into parcels. 
they protect the public interest by regulating:

// street layout

// street design

// street names and numbers

// lot size, dimensions, configurations, and public access

// requirements for schools, parks, open spaces, and preservation of natural features

Question 8

What is the difference between a general plan and a specific plan?

Answer 8

// a general plan is a city or county’s comprehensive declaration of purposes, policies, and programs for development in the form of maps, diagrams, and text setting forth objectives, principles, and standards

// a specific plan contains strategies and policies for a specific project or development or for particular geographic area within a city

Question 9

Which agency is responsible for reviewing drawings for ADA compliance?

Answer 9

// no local, state, or federal agency reviews projects for ADA compliance

// the ADA is a federal civil rights statue enforced through lawsuits brought by the u.s. department of justice or private individuals

// the ADA grants members of the public the right to sue building owners to enforce ADA provisions

Question 10

What is the American with Disabilities Act?

Answer 10

// the ADA is a federal civil rights statue that provides for equal access for persons with disabilities

// the ADA applies to new construction and existing facilities of public accommodation

// although the california building code has adopted ADA complaint regulations, they do not ensure full compliance with the ADA

Question 11

Two years after completion of the project, a citizen files suit to enforce provisions of the ADA. What are the architect’s and owner’s responsibilities?

Answer 11

// the owner bears responsibility for ensuring that the building complies with the ADA standards in effect at the time of the lawsuit

// if the court finds that the owner is not in compliance, the owner must modify the property to bring it into compliance

// the architect must endeavor to design the building so that it meets generally accepted ADA standards at the time of project completion

Question 12

Name four laws or codes that the U.S. Environmental Protection Agency is charged with administering.

Answer 12

// national environmental policy act

// clean air act

// clean water act

// clean drinking water act

// toxic substances control act (includes rules for the removal of asbestos, lead paint, and pcbs)

// comprehensive enviromental response, compensation, and liability act (cercla - a.k.a. the superfund act which regulates building sites with toxic waste contamination)

Question 13

Which of the following federal environmental laws are enforced by California state agencies with EPA oversight? Clean Air Act, Clean Water Act, Toxic Substances Control Act, CERCLA

Answer 13

// congress has delegated authority to the states to enforce provisions of the federal clean air act and clean water act

// the california EPA enforces these provisions under the auspices of the state water resources control board and the state air resources board and their related control and management districts

// california has its own regulations regarding toxic substances and toxic contamination which are in addition to the federal requirements

Question 14

A navigable stream is loated adjacent to the site. How will this affect the project?

Answer 14

// a u.s. army corps of engineers permit is required for:

// all projects located on a navigable stream or waterway, and

// all projects located in a wetlands area

Question 15

What are FAA regulations and how can they affect a project?

Answer 15

// the federal aviation administration regulations development near airports and under flight paths in the interest of safety

// these regulations can include building height limits and restrictions on outdoor lighting

Question 16

What is the purpose of national testing standards with respect to building design and construction?

Answer 16

// national testing standards set minimum performance standards for the manufacture of materials or building assemblies

// they are created by specialized non-profit organizations usually associated with a professional trade or industry

// reference to national testing standards in the california building standards code ensures adequate performance criteria, and it allows architects and engineers to compare and specify materials from multiple manufacturers

Question 17

Name four national standards organizations and their respective areas of expertise.

Answer 17

// underwriters laboratories (UL): electrical equipment, including lighting and fire rated assemblies

// american society of testing and materials (ASTM): metals and construction material

// american society of heat, refrigeration and air-conditioning engineers (ASHRAE): HVAC equipment, energy performance standards

// factory mutual: fire alarms and suppression equipment, equipment designed for hazardous conditions

// american institute of steel construction (AISC): structural steel shapes

Question 18

Your client wants to install remote cameras for security purposes. Is a permit required?

Answer 18

// no

// however, security systems with remote alarms generally require a permit from the local police department

Question 19

True or false: the building and safety department is responsible for reviewing life safety drawings.

Answer 19

// false: the county or city fire marshall reviews drawings for compliance with fire and safety standards

// the fire marshall is also responsible for enforcing the state fire code

Question 20

When would a project need a permit from the department of public works?

Answer 20

// for any construction on public property or in a public right of way including:

// sidewalks

// parkways

// curbs

// pavements

// sewers

// storm drains

// trees and tree wells

// street lights

// retaining walls

Question 21

What is the function of the local planning department?

Answer 21

// the planning department oversees and enforces the general plan and the zoning code

// specific permit process may include:

// variance and conditional use permits

// architectural review board approval

// land use entitlements

// subdivision map approvals

Question 22

Name the two primary functions of the building and safety department.

Answer 22

// to review construction documents for conformance within the california building standards code and issue building permits

// to inspect work under construction for conformance with the approved construction documents and the california building standards code

Question 23

Your project is located in a flood plain. Besides the building and safety department, from which local agency will you need a permit to start construction?

Answer 23

// county flood control districts regulate development in flood zones

// owners can be prohibited from construction in, on, or across a watercourse or from altering the flow of that watercourse

// in addition, owners can be required, through a permit process, to mitigate increased runoff by methods such as directing drainage to an acceptable watercourse, improving downstream facilities, or mitigating the increased run-off on site

Question 24

What is the function of design review boards?

Answer 24

// design review boards (DRBs) administer and enforce local design guidelines in the interest of encouraging compatible design within existing neighborhoods

// they derive their authority from local ordinances or restrictive covernants placed on property deeds

// DRB approval, when required by ordinance, is a prerequisite for obtaining a building permit

Question 25

You have been chosen to design a cogeneration plant. Name two permits that may be needed to construct this project other than a building permit.

Answer 25

// an authority to construct from the local air quality management district is required for any facility that will emit pollutants having a significant effect on air quality

// a prevention of significant deterioration permit from the federal EPA may be needed if the pollutant exceeds 100 tons a years and exceeds the ambient air quality standard for that pollutant

Question 26

What is the role of the environmental health department in design and construction?

Answer 26

// environmental health department enforce provisions of the california health and safety code

// an environmental health department permit may be needed to construct:

// public food prepartion facilities (restaurants, commercial kitchens, etc.)

// public swimming pools

// water wells

// septic systems

Question 27

What control does an airport authority have over development on private land?

Answer 27

// airport authorities are created by the legislature and have jurisidction over design and construction at an airport and the immediate surrounding area

// airport authority land use plans can include height restrictions on buildings, land use programming restrictions, and elevated building construction standards including increased soundproofing requirements

Question 28

Under what circumstances would a project need a permit from Caltrans?

Answer 28

// an encroachment permit is required for any project that encroaches into, under, or over the right of way of a state highway

// a permit is typically obstained for utilities, excations, driveways, parking, and landscaping

// a permit may not be obtained for a building

Question 29

What is the role of the California Air Resources Board in design and construction?

Answer 29

// the california air resources board, in conjunction with local air quality management districts, develops clean air plans to demonstrate how and when california will meet air quality standards established by the federal and state clean air acts

Question 30

Name three responsibilities of the Department of Fish and Game with respect to design and construction.

Answer 30

// permitting for project that may affect endangered species of plants and animals or their habitats under the california endangered species act

// possible lead agency or trustee agency status under the california environmental quality act (CEQA)

// review of projects that alter lake or stream beds and may substantially alter fish and wildlife resources

Question 31

When is a general permit required from the State Water Resources Control Board and who is responsible for obtaining it?

Answer 31

// a general permit is required for any construction activity (e.g. grading, clearing, excavation, stockpiling, replacing of existing facilities) resulting in either:

// a land disturbance of one acre or more, or

// a land disturbance of less than one acre but part of a larger plan of common development

// the owner is responsible for obtaining the permit and must submit both the application (called a notice of interest) and a storm water pollution prevention plan

Question 32

What is the California Coastal Commission?

Answer 32

// the california coastal commission is an independent state agency that, in partnership with coastal cities and counties, plans and regulates the use of land and water resources in the coastal zone

// development activities, which are broadly defined by the california coastal act to include construction of buildings, divisions of land, and activities that change the intensity of use of land or public access to coastal waters, generally require a coastal permit from either the california coastal commission, or both

Question 33

Your project requires these approvals/permits. Which approval or permit comes last chronologically? Coastal Commission approval, Building Permit, Planning Department Approval, a section 404 wetlands permit issued by the U.S. Army Corps of Engineers, Architectural Review Board design approval.

Answer 33

// the building permit

Question 34

What steps can an architect take to avoid significant problems with regulatory agency reviews?

Answer 34

// the architect should take steps to determine the agency’s interpretation of the applicable regulations and have the project conform to those interpretations. specifically, the architect should:

// meet or discuss code or regulatory requirements early, during schematic design and design development

// have a final meeting to review project plans and other submissions to ensure consensus prior to submitting a formal application for approval

// the architect should issue minutes to document all decisions and comments made during these meetings

Question 35

How can an architect determine the proper sequence of approvals so as not to unnecessarily delay the project?

Answer 35

// create a chart of all required approvals and permits required for the project. determine the sequence and timing of approvals based on:

// the required level of development of the project design documents that must be submitted with the permit or approval application

// which permits or approvals require other permits or approvals as prerequisites

// estimate the amount of time required for each permit or approval process

Question 36

What is the general rule for determining the hierarchy of agencies and their jurisdictions?

Answer 36

// the hierarchy of agencies based on the level of government with which they are associated - federal/state/local

// agencies may have overlapping jurisdictions

// some federal laws and regulations may be delegated to the state for enforcement (e.g. the federal clean water and clean air acts)

// likewise, some state laws and regulations may be delegated to local counties and cities for enforcement (e.g. the california building code)

// however, federal agencies generally take precedence over state agencies and state agencies generally take precedence over local agencies

Question 37

The local zoning code conflicts with the airport authority’s land use plan. Which takes precedence?

Answer 37

// in this case the airport authority land-use plan takes precedence

// the airport authority is created by an act of the california legislature and as such is a state agency even though its concerns are strictly local

// the enablishing legislation creating the airport authority will contain provisions stating the extent of the airport authority’s power to create land use rules that preempt local codes and laws

Question 38

What is the difference between a code or law, a regulation and a standard?

Answer 38

// a code or law is enacted by the legislature and sets forth general requirements for design and construction activities

// for areas requiring a particular expertise, the legislature delegates authority to specialized agencies to create regulations

// regulations cannot conflict with a code or law

// standards, generally created by national standards testing organizations, are often adopted into regulations when even further specialized knowledge is required

// although it may seem confusing because of the name, the california building standards code is actually a specialized regulation (title 24 of the california code of regulations) created by the california building standards committe under grant of authority from the california legislature

Question 39

What is the federal doctrine of preemption?

Answer 39

// under the u.s. constitution, federal laws and regulations takes precedence over state and local laws and regulations covering the same issue or topic

// if there is a conflict between them, the federal law or regulation takes precedence

// however, california has been granted special exceptions in many areas of federal law to create more stringent standards, particularly with environmental laws dealing with clean air and water