California Leaga Aspects Of Real Estate, (Express) Chapter 4, Land Use Control

Front 1

What is the maximum amount property taxes can be per tax year?

Back 1

1% of the property’s full cash value

Front 2

What are the three types of real estate related taxes?

Back 2

Property taxes

Special Assessments

Documentary transfer taxes

Front 3

Special Assessments

Back 3

One-time taxes levied on properties to pay for improvement s that, ideally, will increase the overall values on the properties benefiting from and paying for the special assessment.

Front 4

Tax Value

Back 4

A percentage of the sale price of the property.

Front 5

What are some examples of tax exemptions available to property owners in California?

Back 5

Nonprofit and religious, charitable or hospital related organizations

Owner-occupied residences qualify for a $7000 reduction in the taxable value of the property.

A disabled war veteran, who is totally disabled

Senior citizens and disabled people may qualify for property tax postponement.

Front 6

What are examples of a special assessment?

Back 6

Sewer or water line construction

Street pavement

Curb and sidewalk repair

Access to public utilities

Police or fire protection

Parking structures

Front 7

Documentary Tax Transfer

Back 7

A tax levied by a county or city when properties transfer ownership.

Front 8

What limits does Section 110.0 of California’s Revenue an dTaxation Code outline regarding property tax amounts?

Back 8

The maximum amount property taxes can be per tax year is 1% of the property’s full cash value and cannot be 2% greater than the previous years tax bill.

Front 9

What happens if property taxes have not been paid in full after the redemption period?

Back 9

The property is deeded to the State of California and sold to collect on the tax owed.

Front 10

How is the documentary tax value determined?

Back 10

By a percentage of the sales price of the house.

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“As of right zoning”

Back 11

Refers to those uses that are automatically allowed by the zoning code. They are allowed as a matter of right.

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What are the core purposes of land control?

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Preservation of property values

Promotion of the highest and best use of property

Balance between individual property rights and the public good

Control of growths to remain within infrastructure capabilities

Incorporation of community consensus into regulatory and planning activities

Front 13

What are the two levels of approval a California general plan must pass?

Back 13

The planning commission must approve it with a majority vote. Then the city council or court board of supervisors will adopt the pan as is or with modifications.

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Public and private land use controls

Back 14

Deed restrictions

Covenants

Zoning regulations

Subdivision regulations

Building Codes

Eminent domain

Police power

Environmental regulations

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Deed restrictions

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Private subdivision regulations that affect her entire subdivision

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Restrictive Covenatns

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Limitations placed on the use of land by the developer of a residential subdivision

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Injunction

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Prevents the owner or owners from using a property in a way that is contrary to the recorded restrictions

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Conditions

Back 18

Restrictions that provide for a reversion of title if they are violated

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Restrictions you might see in a subdivision declaration of restrictions

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Only single family homes are allowed

Homes must have a minimum number of square feet of living area.

Only one home is allowed per lot

Lots may not be subdivided

Homes must be architecturally similar

Set back requirements

No temporary buildings permitted

Either one property owner or several owners can initiate a court actin to enforce the covenants.

Covenants are in effect for a certain period of time.

Front 20

Injunction

Back 20

Prevents the owner or owners from using a property in a way that is contrary to the recorded restrictions.

Front 21

Restrictive Covenants can be terminated by:

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the specific time period of the covenant expires

The property owners vote to end the restrictions

The subdivision changes making it more suitable for some other kind of use

the property owners choose not to follow the original plan

The owners do not enforce the restrictions in a timely manner

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What do deed restrictions (covenants, conditions and restrictions, or CCR’s) do?

Back 22

Place limits on how the property may be used

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What is the Doctrine of Laches?

Back 23

States that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.

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Setback requirements

Back 24

Buildings must be set back a certain number of feet from the front property line and from the interior property line

Front 25

Police power

Back 25

Gives a government entity the ability to fulfill its responsibility to provide for the health, safety and welfare of the public

Front 26

What are some example of Police Power?

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zoning ordinances

Building codes

Subdivision regulations

Eminent domain

Environmental restrictions

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Escheat

Back 27

The state will use this to claim the property if the person dies with no heirs and no one is qualified to receive the property .

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Public ownership

Back 28

Government ownership of lands, streets, public buildings, utilities, and other business enterprises

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Eminent Domain

Back 29

Allows a government entity to purchase a fee, leasehold or easement interest in privately owned real property for the pubic good and for public use, regardless of the owner’s desire to seek or otherwise transfer any interest.

Front 30

To acquire a property, the public entity initiate a condemnation suit. What does the government agency must demonstrate?

Back 30

The project is necessary

The property is necessary for the project

The location offers the greatest public benefit with the least detriment

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Taking

Back 31

Private property cannot be taken for public use without just compensation

Hint 31

Taking clause

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Building Codes

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Allows the county and municipality to protect the public against the hazards of unregulated construction

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Building permit

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Gives permission for the construction or renovation of a building or improvement

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Zoning ordanances

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Specifies land usage for every parcel within the jurisdiciton

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What are the three most common types of zoning classifications?

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Residential, Commercial, Industrial

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Cumulative zoning

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Allows more restrictive zoning uses to be allowed in less restrictive zones.

Hint 36

Residential property could be built in an industrial zone, but a factory could not be built in a residential zone

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Non-cumulative zoning

Back 37

Only grants permits from the designated use specified in a zone

Hint 37

Single family residential property could not be built in a designated industrial zone. Most common type of zoning.

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Incentive zoning

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Allowing land developers to provide specific amenities and benefits in exchange for zoning incentives.

Hint 38

Daycare centers, a covered tunnel, affordable housing

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Aesthetic Zoning

Back 39

To create a certain look to the particular zoning area.

Hint 39

Architectural and landscaping, off street parking, sign usage

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Spot zoning

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A small area of land or section in an existing neighborhood is singled out and placed in a different zone from a neighboring property.

Hint 40

Park, school, grocery store

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Bulk zoning

Back 41

Regulates the density in zoning areas by enforcing specific building requirements

Hint 41

Open space requirements, parking requirements, floor to space ratios

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Down Zoning

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The process of re-zoning and area to a more restrictive use

Hint 42

Commercial to residential or residential to a less dense residential

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Exclusionary zoning

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Prohibits uses within a specific zone

Hint 43

Minimum lot sizes, prohibition on residential dwellings, restrictions on apartment complexes being turned into condominiums

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Cluster Zoning

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Density is determined for an entire area, rather than lot by lot.

Hint 44

incorporate common areas with a park like setting, swimming pool, bike path

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A community achieves it’s land usage through a three-phase process of:

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Developing a master plan for the jurisdiction

Administrating of the plan by a municipal, county, or regional planning board or commission

Implementing the plan through public control of zoning, building codes, permits and other measures.

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Moratorium

Back 46

A temporary suspension of the development of a property

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Interstate Land Sales Full Disclosure Act

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A federal law that regulates the interstate sale of unimproved lots. The purpose of this is to prevent fraud in marketing land that can be sold sight unseen.

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A zoning board deals with:

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Non-conforming use

Variance

Special exception or conditional use permit

Zoning amendment

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Legal Non-conforming use

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When a zoning change leaves existing properties in violation of the new ordinance.

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Sunshine law

Back 50

Open meeting laws that mandate that meetings of governmental agencies and departments be open to the public.

They apply to regular meetings of zoning and planning boards and special sessions held by local zoning authorities.

Front 51

What does the Interstate Land Sales Full Disclosure Act say that developers must give to potential purchases and lessees?

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Developers must provide a buyer with a printed property report, which gives specific information about the property before the buyer signs a purchase contract or lease.

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Illegal nonconforming use

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One that conflicts with ordinances that were in place before the use commenced

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Special use permit

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Authorizes a use that is not consistent with what zoning ordinance, yet is clearly beneficial or essential to the public welfare

Hint 53

An old house in a residential zone adjacent to a retail zone

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Variance

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Allows a use that differs from the applicable ordinance for a variety of justifiable reasons.

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Use variance

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Gives permission to use the land for a purpose not allowed by the current zoning

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Area Variance

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Permits a applicant to vary one or more of the dimensional or physical requirements of the applicable zoning law, code or ordinance in connection with some proposed construction

Hint 56

An owner who receives a variance or build a home on a 10,000 square foot lot, when the zoning ordinance currently states that all one-family homes must be built on lots that are at least 10,500 square feet

Front 57

Land use regulation are enforce by the following local entities:

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Building departments

Civil Engineers

Environmental Engineers

Surveyors

Land use planners

Board of Health

Local Courts

Front 58

What are two reasons zoning laws are often the basis of court cases?

Back 58

Zoning ordinances can negatively influence property values

zoning ordinances can unfairly exclude the poor and minorities

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Private property owner are responsible for complying with...

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All regional, county, and local environmental laws

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Innocent landowner defense

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a landowner in the chain of ownership could have been innocent of any wrongdoing and should not be held liable

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California Environment Quality Act (CEQA)

Back 61

Requires project developers to conduct and submit environmental impact reports for their projects, including possible alternatives that reduce the environmental impact

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California Coastal Zone Conservation Act

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Controls development in costal zones throughout California. Extend from sea to 1,000 or more yards

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Acquits-Priolo Earthquake Faulting Zone Act

Back 63

Reduce the losses associated with surface fault ruptures by prohibiting structures for human occupancy on active fault lines

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California licensees are expected to

Back 64

Be aware of environmental issues and know where to look for professional help

Front 65

What are the two most important environmental disclosure requirements?

Back 65

Natural Hazards Disclosure Act and Lead-based Paint Act

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Natural Hazards Disclosure Act

Back 66

That the statement must disclose:

Special flood hazard area

An area of potential flooding

High fire hazard zone

Earthquake fault zone

Seismic hazard zone

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Lead-based paint Act

Back 67

Requires to disclose known lead problems in properties built before 1978