CALIFORNIA INTERACTIVE STUDY GROUP

Transcription

1 CALIFORNIA INTERACTIVE STUDY GROUP 1 UNIT 2: BOBRA TAHAN HOWARD HARRIS LAND USE CONTROLS

2 Notes for Tonight 1. Chat is the best way to communicate questions. 2. You can use the quick link at to log in and see each weeks topics. 2

3 Contact Information 3 Bobra Tahan and Howard Harris both have access to this account: releadinstructorca@brightwood.edu If you would like to discuss something on the phone, please send your phone number in the and the best times to reach you.

4 Unit 2: Land Use Control Summary TOPICS TO BE DISCUSSED: Police power Eminent domain Construction restrictions Zoning Condemnation 4

5 Government Powers 5 Property can revert to the state

6 Typical zoning controls and exceptions 6 1. Rezoning or amendment is a zoning change for an entire area. 2. Downzoning is a zoning change from dense to less dense usage. 3.Upzoning is a change from less dense to more dense usage. 4.Spot zoning is reclassification of a small area of land for use that does not conform to the zoning of the rest of the area Kaplan, Inc.

7 Typical zoning controls and exceptions 5.Legal nonconforming use allows an owner to continue present use that no longer complies with current zoning (also called grandfathering). 7 6.Setback, sideyard, and rearyard restrictions limit the location of improvements in relation to the position of the street. 7. Variance allows an individual owner to vary or deviate to prevent economic hardship. 8. Special (conditional) use (also called a special exception) is a specific type of variance allowing a different use.

8 QUESTION What allows an individual property owner to deviate from zoning requirements; 8 A. An amendment B. A variance C. Conditional building permit D. Zoning exemption

9 ANSWER B. A variance. 9 A variance allows an individual property owner to vary or deviate from strict compliance with zoning requirements, typically to relieve or prevent economic hardship. In contrast, an amendment is a zoning change for an entire area.

10 QUESTION A change in zoning from more dense to less dense use is called; 10 A. Down zoning B. Spot zoning C. Up zoning D. Planning department reconsideration

11 ANSWER A. Down zoning. 11 A zoning change from a higher to lower use (e.g., more dense to less dense; more active to less active) is downzoning.

12 QUESTION A conditional use permit which allows a property owner to deviate from zoning. 12 A. Is a permanent zoning change for the subject property, but does not affect neighbors B. Alters the zoning for the neighborhood C. Is a revocable zoning alteration affecting only one property D. Is only used for short term, one week uses

13 ANSWER C. Is a revocable zoning alteration affecting only one property 13 A conditional use permit would occur when a property owner wants to use a property in a manner that does not conform with the zoning (e.g., owner wants to put a church in a residential area). This is revocable and does not guarantee the future usage of the property.

14 QUESTION Construction on vacant land in urban areas is called; 14 A. Backfill B. Tract home construction C. In-fill D. Compaction

15 ANSWER 15 C. In-fill. In-fill is construction on vacant land in urban areas, such as part of a reclamation project of a rundown area. In contrast, backfill is when excavated earth (dirt) that has been removed is put back (such as when a building foundation is constructed).

16 QUESTION 16 The process of building a house includes; A. Land acquisition B. Development C. Construction D. All of the above

17 ANSWER D. all of the above. 17 The steps used to build a house are: First, acquire the land. Second, develop the land (e.g., get the permits and put in infrastructure, such as possibly sewers, wiring, roads, etc.) Third, construct the building.

18 QUESTION 18 As a general rule, which law requires an environmental impact report (EIR) for development; A. Alquist Priolo Fault Zoning Act B. California Environmental Quality Act C. Superfund Law D. Americans with Disability Act

19 ANSWER B. California Environmental Quality Act. 19 The California Environmental Quality Act (CEQA) requires any government agency that must approve a subdivision project to prepare an EIR if the project will have a significant effect on the environment. In contrast, the Alquist-Priolo Earthquake Fault Zoning Act is a different law with different requirements (which will be covered later in this presentation).

20 QUESTION Government agencies could issue negative declarations if; 20 A. It is a government project B. They conclude that development will not (or only minimally) impact the environment C. The proposed project is only residential D. The developer has completed an EIR

21 ANSWER B. They conclude that development will not (or only minimally) impact the environment. 21 If a development project will not (or only minimally) have an impact on the environment, a government agency which must approve the project could issue a statement that there will be no impact on the environment significant enough to warrant preparation of an EIR: This is called a negative declaration.

22 QUESTION An Environmental Impact Report (EIR) could; 22 A. Provide final approval for a project B. Bar a project from being built C. Discuss project alternatives, including not proceeding with the project D. All of the above

23 ANSWER C. Discuss project alternatives, including not proceeding with the project. 23 An EIR: Identifies a project s environmental impacts; Cites mitigation measures; and Discusses project alternatives (including, no project).

24 QUESTION 24 Which law specifically regulates development in earthquake fault areas; A. Seismic Hazards Mapping Act B. Urban Renewal Act C. Alquist-Priolo Earthquake Fault Zoning Act D. Building Code Act of 1960

25 ANSWER C. Alquist-Priolo Earthquake Fault Zoning Act. 25 The Alquist-Priolo Earthquake Fault Zoning Act specifically refers just to earthquake fault zones. In contrast the Seismic Hazards Mapping Act is broader, covering seismic effects

26 QUESTION 26 The Alquist-Priolo Earthquake Fault Zoning Act requires A. Geological reports B. Disclosures C. Both A and B D. Neither A nor B

27 ANSWER C. Both A and B. 27 The Alquist-Priolo Earthquake Fault Zoning Act requires both that: Geological reports be obtained for project approvals within specified earthquake fault zones; and Sellers and their agents disclose to prospective purchasers that properties are within Alquist-Priolo zones.

28 QUESTION Alquist-Priolo earthquake fault zones are; 28 A. Approximately ¼ mile wide B. Approximately ¼ mile wide on either side of the fault line C. Whatever width the map defines D. Statutory zones where construction is banned

29 ANSWER 29 A. Approximately ¼ mile wide Under Alquist-Priolo, active faults are mapped and their resulting fault zones average approximately ¼ mile wide.

30 QUESTION 30 Which construction within Alquist-Priolo zones is not regulated under the Alquist-Priolo Earthquake Fault Zoning Act? A. All construction is regulated B. A four unit, 3 story condominium C. A residential tract of 3 homes, 2 stories or less D. A single family residence of 3 stories

31 ANSWER C. A residential tract of 3 homes, 2 stories or less 31 Under Alquist-Priolo, there is an exemption for construction of: Single-family Wood or steel frame houses Up to two stories Not part of a development of more than four dwellings.

32 QUESTION Building codes set building standards. 32 A. Minimum B. Maximum C. Advisory D. HOA

33 ANSWER A. Minimum 33 Building codes set minimum building standards: Construction can be more strict, but not weaker than building code standards.

34 QUESTION Construction standards that must be followed are set by; 34 A. National building code B. State building code C. City building code D. All of the above

35 ANSWER D. All of the above 35 There are national, state, and local standards that regulate construction.

36 QUESTION If different levels (e.g., national, state, local) of construction standards apply; A. The national code will always apply B. The state code will always apply C. The local code will always apply D. The most stringent code will always apply 36

37 ANSWER D. The most stringent code will always apply 37 If more than one construction standard (e.g., national, state, local) applies, the strictest one prevails.

38 QUESTION 38 The government s right to regulate how owners use land and property is based upon; A. Eminent domain B. Police power C. Taxation D. Escheat

39 ANSWER 39 B. Police power. Police power is a government s right to regulate how owners use land and their properties: It does this by enacting laws that benefit the public s health, safety, and general welfare. Eminent domain is the right of a government to take property for a public use. In return, the government must pay the property owner just compensation. Taxation is the governments right to tax. Escheat is the reversionary right of the government to take land that has been abandoned by an owner lacking a will or heirs.

40 QUESTION Which of the following is not an example of police power 40 A. Zoning B. Building codes C. Taxation D. Determining land use

41 ANSWER C. Taxation. 41 Land use, zoning and building codes are part of police power since they regulate how owners use the land and improvements. In contrast, taxation is a separate governmental right.

42 QUESTION Setbacks, side yard, and rear yard restrictions are empowered by; 42 A. Police power B. Eminent domain C. Taxation D. Escheat

43 ANSWER A. Police power 43 Setback, side yard, and rear yard restrictions are not taking of property for a public use: Instead, they a regulations on how owners use their properties, which is police power e.g., the government will not allow owners to build within those restricted property areas

44 SET BACK RESTRICTIONS GRAPHIC EXAMPLE 44

45 QUESTION The process through which a government exercises its right of eminent domain is called; 45 A. Probate B. Escheat C. Inverse acquisition D. Condemnation

46 ANSWER B. Condemnation. 46 Governments exercise their rights of eminent domain through the process of condemnation. If a condemnation dispute goes to litigation, the court would decide Whether there is a proper taking (e.g., it must be for a public use); and If the taking is proper, what is the amount of just compensation the government must pay the owner.

47 Contact Information 47 Bobra Tahan and Howard Harris both have access to this account: If you would like to discuss something on the phone, please send your phone number in the and the best times to reach you.