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61 Cards in this Set
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General Plan: Long-Term Plan for Development Within a City or County requirements and must include |
usually include background information about the local economy, demographics, and existing uses, as well as goals for the future. All general plans must contain these seven elements:
Land use: standards for use, density Circulation pattern: public utilities and transportation Housing: for a variety of income levels Conservation: protection of natural resources Open space: for public health, safety, and recreational needs Noise: current and future levels Safety: from fire, natural and environmental hazards Depending on location, a general plan may also need to address coastal development, mineral protection, historic preservation, recreation and public services, and management of hazardous waste. |
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What process must go through these 3 steps? 1) Local planning commission develops the general plan. 2) Local planning commission holds a public hearing to review the plan and make recommendation. 3) Local legislative body (such as county board or city council) holds a public hearing and votes to adopt, amend, or reject the plan. |
Adoption Process |
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S__ p__ can be developed only after the general plan has been adopted. As the name suggests, this plan goes into more detail than the general plan and may include street location, topographical information, construction guidelines, and any other information relevant to the implementation of the general plan. |
Specific plans |
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the government’s authority—at the state, local and federal level—to do what it can to ensure the health, safety, and welfare of its citizens. Included in this power is the government's authority to tax real estate and personal property to generate funds that support government operations as well as the right to place a lien on property until all taxes are paid. This, of course, is the topic of our class today and includes public land use control. Consider this: Government may exercise this power even if it restricts the freedom of its citizens.” He |
Police Power Of course, exercise of police power must be in the public’s best interests The state has control over some public properties; local governments and their planning boards control lands and open spaces, planning and zoning, and subdivision development—They also control budgeting, site-plan review, and building codes. |
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Police Power – Taxation |
The power of taxation is one of the inherent burdens on private land ownership. Unpaid taxes become a lien on real estate. The government will get its pound of flesh, and never mind the blood.” |
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Federal and state laws govern the sale of property within and between states. An act created in 1968— “regulates land sales across state lines. It’s called |
Police Power: the Interstate Land Sales Full Disclosure Act. administered by the Consumer Financial Protection Bureau, and its purpose is to keep gangsters, con artists and other hooligans from selling property sight unseen. |
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Before anyone signs a purchase contract, the developer has to give the buyer a disclosure document called a property report. What’s in it? |
Information about the subdivision,” Joe said. “Then the buyer has a seven-day period after receiving the report to cancel the purchase agreement. For those who don’t provide the disclosure, the buyer can rescind the contract just based on that. |
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When the government takes property under eminent domain, it’s called? |
condemnation Eminent domain is the ultimate police power. We want it, we take it. However, we will pay you for it, and we’ll pay fair market value, too. |
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eminent domain, where government taking where the property owner isn’t compensated and has to sue the government for the property’s value |
Inverse Condemnation “If the public authority believes the private project will serve the public good, it can invoke the power of eminent domain. For private use |
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Local authorities determine what goes on in their communities in the 5 areas of: |
Zoning Subdivision development Budgeting Site plan review Building codes |
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Local Authority basically divvy up the community into specific classifications, and set zoning restrictions for each, some more stringent than others. 8 examples |
Residential Commercial Industrial Vacant land (unimproved) Agricultural Public open spaces Parklands Recreation areas |
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a term used to mean the permitted use of a property. For instance, in a single-family zoning district, an A_.__.__ use of the lot would include the construction of a single-family home. It wouldn't include the construction of a factory, a duplex, or an office building. |
As-of-right zone if a zoned area is designated for a specific use, all landowners in that zone also have the right to use their properties in the same manner. |
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California’s Community Redevelopment Agencies (CRAs) |
redevelopment efforts were put in place to revitalize areas where conditions have deteriorated through the years. Rather than continue to watch the deterioration. These agencies employed the power of eminent domain to take ownership of property. They then obtained the funds needed to redevelop the property, and start their redevelopment efforts. This often included improving existing structures and building new structures.
*** When a CRA took ownership of an area, it was able to keep most of the property taxes the area generated for its redevelopment activities. This money did not go to local services or schools, as property taxes usually do. This was troublesome for local agencies and schools that relied on money from property taxes. CRAs also obtained
February 1, 2012, all community redevelopment agencies in California were dissolved and are no longer in operation today. |
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California Police Power: Zoning |
Zoning dictates how areas can be used by assigning them zones. The California state constitution gives local authorities the power of zoning. It should be used in alignment with the general plan. Residents can file complaints if they believe actions are not in alignment with the general plan. Zones generally have specifications for how the area can and cannot be used. In addition to permitted use, lot size or coverage, building height, setbacks, and density may also be dictated. Zones aren’t set in stone. Variances may be permitted allowing for a change in zone requirements or an area may be rezoned for a different use. |
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you wanted to create a mother-in-law suite inside a single-family home. |
accessory apartment or an accessory use. An accessory use is one that’s subordinate to the main use of the property. An equipment shed on a property is also an accessory use |
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a work-at-home situation. Only the residents of the dwelling can conduct business there. You can’t have your Avon lady working out of your home unless she happens to be your wife—or live-in girlfriend. Again, the business purpose must be secondary to the use of the dwelling. It also cannot change the character of the dwelling in any way that would violate the zoning ordinance. |
Residential zoning Another use in a single-family home would be home occupation |
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Group homes |
are residential facilities for unrelated individuals with physical, mental, or behavioral disabilities. There is no single legal definition of a group home. Group homes also include adult foster homes, residential rehabilitation centers, etc. |
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Parks, shorelines, public fishing areas, trails, and waterway access |
Recreation areas |
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Commonly public recreation areas administered and controlled by state and local governments (ex. Sequoia national park ) |
Parklands |
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Undeveloped land that can be can be as small as a pathway between public areas, a vacant lot in a large city, or acres and acres of land |
Open space |
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Property that was never built on or that was built on but was brought back to its natural state |
Vacant land |
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I___ z___ is where a municipality will allow an otherwise prohibited type of construction if the developer will give the municipality something back. Often this relates to the floor-to-area ratio, which you can call FAR for short. |
Incentive zoning |
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T or F , The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot. |
True |
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T or F , FAR includes all structures that will be inhabited, plus any parking areas or structures. |
False |
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B___ zoning regulations restrict the density of buildings in an area through building design requirements such as floor-area-ratios (FAR), setbacks, lot size, building placement, and open space requirements. B___ zoning restrictions are separate from use-based zoning controls, which limit the type of use permitted in a given area (e.g., residential, commercial, etc.). |
Bulk zoning |
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Zoning preserving the charm of yesteryear. For that, we have A___ zoning. A____ zoning will specify, for instance, that all buildings in a neighborhood have to be of a certain style, such as Victorian or Craftsman, in order to uphold the architectural integrity of an area. |
Aesthetic Zoning |
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D______ is the process of assigning a lower-density use zone to an area that previously allowed higher density. Sometimes this is done to limit sprawl and overgrowth of cities; at other times it is for conservational or recreational purposes. D_______ would be used when an area that is built up with large apartment buildings is cleared, and the area is rezoned for single-family or smaller multi-family dwellings. |
Downzoning zoning Homeowners living in an area when downzoning occurs will usually be grandfathered in—that is, able to use the land for the same purpose they were using it before the zoning change. |
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The Arbor Heights community passed a zoning ordinance that requires group homes designated for disabled citizens to be situated outside of city limits. This is a violation of the ______. |
Fair Housing act |
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Planned unit developments (PUDs) |
Mixed-use properties combine complementary uses such as residential and commercial. Often these are built with a retail space below and condominiums above. |
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is a zoning method of determining density by a specific area rather than lot-by-lot. This provides a developer with greater flexibility when placing improvements because only the total density requirement must be met. Because c___ zoning allows the developer to c____ residential properties closer together, it allows the flexibility to include large open spaces such as a park. |
Cluster zoning |
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Zoning use is ranked in a hierarchy |
A single-family residential zone would be considered the highest ranked zoning category. Lowest would be heavy industrial. 1)Single-family residential 2)Multi-family residential 3)Commercial housing 4)Offices 5)Retail 6)Light industrial 7)Heavy industrial |
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C______ zoning allows any use that would be allowed in a higher-use, less intensive zone to also be permitted in a lower-use, more intensive zone. For example, a residential unit could be built in an industrial zone, but an industrial building isn't permitted to be built in a residential zone. Similarly, a single-family home could be built on a lot zoned for multi-family, but the reverse would not be true. Higher uses are usually permitted in lower zoning areas. |
Cumulative zoning |
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Zoning Higher uses are usually permitted in lower zoning areas. When they aren’t, this zone would be referred to as? |
non-cumulative or exclusive. |
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non-conforming zoning |
When a property use is no longer permitted due to a subsequent zoning change, the use is said to be n__ c__ zoning . Generally an exception is made, and the use is “grandfathered in” provided the property that enjoys the n__ c__ use doesn’t change. So if a corner grocery store suddenly finds itself in the middle of a residential neighborhood due to zoning changes, it may remain as a corner grocery store, but it may not expand into a big box super store. In addition, if more than 50% of the structure is damaged by fire or other disaster, usually zoning restrictions won’t allow it to be rebuilt. If the owner abandons the building, the n__- c__ use is disallowed. when the owner sells the property that’s nonconforming, usually the new owners will have to comply with the current zoning. |
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Spot zoning |
is when a specific property is rezoned for another use within a zoning area. Property owners sometimes try to rezone from residential to commercial, for instance, to increase the value of their land; however, it has a negative impact on the value of nearby properties. Spot zoning is illegal when it is solely for the property owner’s benefit or devalues surrounding properties. |
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Tests to Determine Validity of Zoning Ordinances |
Because zoning can impact not just the community as a whole but also individual property owners, before zoning changes are made, public hearings are held, and proposed zoning ordinances are examined for fairness and reasonableness, and undergo specific tests for validity. These tests include that the: Power used to enact the change be exercised in a reasonable manner Provisions of the zoning ordinance change be clear and specific Ordinances are not discriminatory Ordinances promote public health, safety, and general welfare under the police power concept Ordinances apply to all property in a similar manner |
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A variance |
is a permitted deviation in the requirements of the zoning ordinance. It could be something as small and insignificant as a nine-and-a-half foot setback where a 10-foot setback is required. Or it could something more significant. A property owner who wants a variance has to apply it with the planning board. |
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the two basic types of variances are: |
use and area |
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A use variance allows the owner to: |
use the land for a purpose that would otherwise be prohibited by the zoning in place. To get a use variance approved, the owner has to show that the current zoning restrictions are causing the owner unnecessary hardship. A public hearing is required The owner would have to prove four specific criteria: The economic benefit or use of the property is eliminated due to the zoning. This claim would have to be accompanied by financial evidence of some sort. The hardship is unique to this property, and not something endemic to the neighborhood. The requested variance will not alter the essential character of the neighborhood. The hardship that is being claimed is not self-inflicted. “If we approve a use variance, we’ll grant the minimum variance needed to address the unnecessary hardship, keeping in mind the health, safety, and welfare of the neighborhood. |
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An area variance, |
allows the owner to use the land in a way that is not normally allowed by the physical or dimensional requirements of the current zoning. Owner must prove hardship A public hearing is required We had one come up just last week, where the owner of a lot wanted to build a home on a property that was zoned for 10,000-square-foot lots. The lot was only 9,585. We had to determine if the variance would be: Undesirable or a detriment to the nearby properties (we decided it would not be) Achieved by any other means (it could not be) Substantial (we decided it was close enough—it wasn’t like the lot was 5,000 square feet) Detrimental to the physical or environmental conditions in the neighborhood (we decided it would not be) “Our final criteria was whether the difficulty was self-created. It probably was. I mean, the owner bought the property knowing about the zoning, and planned to ask for a variance from the get-go. But this last criteria often won’t preclude our granting a variance. In this case, we granted it.
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A special use permit is |
A special use permit is granted for a use that’s not permitted in the zone otherwise, and requires special permission of the planning board, or another legislative body. A special use permit requires a public hearing. They don’t require that the property owner show hardship because of the current zoning. As long as the use is in harmony with local zoning ordinances and laws, does not adversely affect the neighborhood, and is beneficial to the community, the planning board will usually grant a special use permit. A special use permit is sometimes called a use permit, special exception permit, or special permit. |
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Monatarium |
Temporary halting new property development with the community’s best interests in mind |
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The sunshine law mean: |
that all meetings of zoning boards, planning boards, and the local zoning authorities are open to the public. The federal Freedom of Information Law says that all meetings of governmental agencies and their departments must be open to the public. |
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Abutting |
A term meaning parcels of land that share a common border.
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Accessory apartment use |
A mother-in-law suite is an example of this. |
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Accessory use |
A use incidental to the main purpose of a property. |
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Condemnation |
The act of taking property under eminent domain. |
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Accessory use |
A use incidental to the main purpose of a property. |
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Condemnation |
The act of taking property under eminent domain. |
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Doctrine of laches |
Legal loss of a right with the thought that "if you don't use it, you lose it." |
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Eminent domain |
The power of the government to take private property for public use. |
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Escheat |
The power of the government to claim a deceased person's estate when no will, heirs or creditors are found. |
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Family, as defined by law |
It can mean one or more persons living as a single housekeeping unit. |
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Home Occupation |
An owner of a small business using the owner's residential property to conduct business. |
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Home Occupation |
An owner of a small business using the owner's residential property to conduct business. |
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Lead agency |
Organization that oversees the entire environmental impact evaluation. |
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Police power |
Governmental authority to provide for the health, safety and welfare of its citizens. |
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Restrictive covenant |
A promise between two parties appearing on a deed that specifies what may or may not be done with the real property. |
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"Taking" as defined by the courts |
A move by a governmental body that deprives a landowner of the economically viable use of the property and results in the owner not being able to obtain a reasonable return on investment. |
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Transfer of development rights |
Program that encourages a shift in growth away from agricultural or environmentally sensitive regions to more appropriate areas. |
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Group home |
A residential facility for five or more adults who have been institutionalized for various reasons and then released. |
