Regulatory B Flashcards
What is the general purpose of the Governor’s Office of Planning and Research?
The Office of Planning and Research (OPR) was created by statute in 1970.
It’s goal is to serve the Governor and his Cabinet as staff for long range planning and research and constitutes the state planning agency.
Who creates and adopts General Plan guidelines? (This group also monitors implementation!)
Office of Planning and Research
What is a General Plan?
A General Plan is the local government’s long term blueprint for development.
What are the 7 mandatory elements of a General Plan?
Think Loch Ness ~ “LOCCH NS”
- Land use
- Open space element
- Circulation element
- Conservation element
- Housing element
- Noise element
- Safety element
General Plan: define land use.
Land use = designates the general location of public and private uses of land such as housing, business, industry, open space, recreation, education, etc.
General plan: define circulation element.
Circulation element = infrastructure plan addressing the circulation of people, goods, energy, water, sewage, storm drainage and communications.
Includes major thoroughfares, transportation routes, terminals and other public utilities and facilities.
General Plan: define housing element.
Housing element = requires local governments to adequately plain to meet their existing and projected housing needs.
Updated every 5 years.
General Plan: define conservation element.
Conservation element = addresses the conservation, development, and utilization of natural resources including water, forests, soils, rivers, harbors, fisheries, wildlife, mineral, and other natural resources.
General plan: define open space element.
Open space element = guides the preservation and conservation of “open space land” including natural resources, managed production of resources (forest, mineral deposits), outdoor recreation and public health and safety
General plan: define noise element.
Noise element = limits the exposure of communities to excessive noise levels and also identifies noise sources, such as highways, freeways, primary arterial streets, train lines, aviation
General plan: define safety element.
Safety element = protects the community from fire, floods, earthquakes, landslides and other natural and man made hazards.
What is an Annual Report with respect to a General Plan?
General law cities, applicable charter cities, and counties are required to file annual progress reports on the implementation of their general plan with the following:
- Local legislative body
- Office of Planning and Research
- Department of Housing and Community Development.
They are due on April 1st of each year.
Define master plan as it relates to General Plan.
Allows the implementation of the General Plan through the use of maps and provisions.
Specifically:
- It designates allowable land uses.
- It identifies open space.
- It provides restrictions on building use.
Define Specific Plan with Respect to General Plan.
A specific plan is created by a local community or neighborhood. It takes precedence over local master plans when it is more restrictive.
(Example: LA zoning code permits building heights of 30’, but locals neighborhood caps heights at 25’. The 25’ height takes precedent.)
What is a zoning ordinance?
Zoning ordinance = an act of a city or county specifying the type of use to which property may be put in certain areas.
What does a typical zoning plan define? (List 4 items)
Think “CPR NAP”
Pick 4: C: Classifications and permitted uses P: Purpose for ordinance R: Restrictions such as lot size N: Nonconforming uses procedure A: Amendment granting procedure P: Penalties for violation
What is a Conditional Use Permit?
A conditional use permit allows a city or county to consider special uses via public hearing. The special uses may be essential or desirable to a particular community but are technically not allowed per ordinances.
What is a local building ordinance?
It is a regulation adopted by a local municipality in addition to the requirements of the California Building Standards Code.
Codes, covenants and restrictions typically govern the use of __?
Real estate.
Who typically enforces codes, covenants, and restrictions?
Homeowners’ associations
What are codes, covenants and restrictions typically associated with?
Condo buildings or single family dwelling developments.
When was the ADA act signed into law?
1990
Who publishes ADA standards for accessible design?
Department of Justice
Who enforces the ADA Act? And how?
Department of Justice through lawsuits and settlements
What are the 5 titles to the ADA Act?
I. Employment II. Public Entities and Transportatoin III. Public Accommodations and Commercial Facilities IV. Telecommunications V. Miscellaneous Provisions
Which title of the ADA act requires that all new construction (whether ground up, modification or alteration) be fully ADA compliant?
Title III, Public Accommodations and Commercial Facilities
To whom do you file a complaint about Title 1, ADA?
Equal Employment Opportunity Commission
To whom do you file a complaint about Titles II and III, ADA?
Department of Justice
What is the US Access Board? Why is it important?
This is an independent Federal agency devoted to accessibility for people with disabilities.
It publishes the ADA Accessibility Guidelines (ADAAG) which serve as minimum baseline standards.
Who is ultimately responsible for ADA compliance?
Owner!
True/False: Plan checkers do not review for ADA compliance.
True! They only review for Ch. 11A/B of California Building Code.
What is CalDAG?
California Disabled Accessibility Guidebook
This is a 3rd party publication that references ADA standards and the California Building Code.
What does the Clean Air Act authorize the EPA to do?
It authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect health and public welfare and to regulate emissions of hazardous air pollutants.
What is the objective of the Toxic Substances Control Act (TSCA)?
Allows EPA to…
Regulate new commercial chemicals before they enter the market
Regulate existing chemicals when they pose an unreasonable risk to health or the environment, including their distribution and use.
What’s so important about NEPA? (What does it stand for?)
The National Environmental Policy Act was one of the first laws ever written that establishes the board national framework for protecting our environment.
The policy is to assure that all branches of government give proper consideration before undertaking any major federal action that affects the environment.
What does CERCLA stand for? What’s it also called?
Comprehensive Environmental Response, Compensation and Liability Act
AKA Superfund
How does the Federal Aviation Administration enforce its obligations?
Through the Airport Compliance Program.
List 3 considerations for airport design and engineering standards.
Drainage
Layout plans
Master Plans
List 6 services that the US Army Corps of Engineers provide.
Pick 6: Coastal protection Disaster preparedness & response Environmental protection and restoration Flood protection Hydropower Navigable waterways Regulatory Water supply
How many Army Corps divisions are in the US? What is California’s division, and where is its HQ? How many districts are in California and what are they?
There are 8 divisions throughout the US.
California is in the South Pacific Division.
HQ is in San Francisco.
California’s 3 districts are Sacramento, San Francisco and Los Angeles.