Real Estate Principles: Planning and Zoning

A planning commission is

an organization made up of citizens that have been appointed by the members of the city council or the board of supervisors.

The primary responsibility of planning commissioners is to advise elected officials on land-use issues.

to advise elected officials on land-use issues.

Planning departments are

agencies within the city government whose employees include professionally trained planners (provide technical services).

To achieve the general plan:

1. A Resource Analysis: recognize the individual characteristics of the community (strong and weak points).
2. Formulation of Community Goals: Citizens should have input into this step.
3. The Plan Implementation: requires the local government to utilize

Zoning

* The regulation of structures and uses of property within designated districts or zones.
* Zoning districts are divided into residential, commercial and industrial use.

Bulk Zoning:

Controls density and avoids overcrowding

Aesthetic Zoning:

Requires that new buildings conform to specific types of architecture.

Directive Zoning:

Encourages zoning as a planning tool to use land for its highest and best use.

Zero Lot Line:

used to describe the positioning of a structure on a lot so that one side rests directly on the lot's boundary line.

Enabling Acts:

A statute creating the power or authority to carry out an activity.

Adaptation of Zoning Ordinances -

Tests of validity of power: must not violate the rights of individuals and property owners.

Exceptions to Zoning:

* Buffer Zones to separate and screen residential areas from nonresidential areas.
* Nonconforming Use: improvement that does not comply with the zoning ordinances because it was constructed prior to the adoption of the zoning laws.

An illegal nonconforming use is

one that conflicts with the ordinances that were in place before the use commenced.

A Variance may be sought to provide deviation from

an ordinance or a change of zoning.

Spot Zoning is

the reclassification of one piece of property in an area for a specific purpose.

Conditional Use Permit:

for a property that is deemed to be in the public interest contrary to the zoning that exists.

Zoning is invalid unless

it rationally promotes the public health, safety, and welfare.

Inclusionary zoning is

an ordinance that requires a builder of new residential housing to set aside a designated number of units for low- to moderate-income people.

Building codesset the standards for the types of materials to be used for

construction, electrical wiring, fire prevention standards, etc.

A Building Permit is

required to build or repair an existing building.

The National Environmental Policy Act requires

an environmental impact report on all projects that use federal funding. The Clean Air Act makes it mandatory for all businesses, including real estate developers, to meet air quality standards.

The California Environmental Quality Act of 1970 (CEQA) provides

procedures and information to ensure that governmental agencies will consider and respond to the environmental effects of their proposed decisions.

For a major project, an expensive and fully-documented Environmental Impact Report (EIR)

must be prepared by the builder.

The California Conservation Act

controls the 1,000-mile California coast.

The state housing law is a UNIFORM code that MUST BE

adopted by ALL cities and counties in California.

The California State Contractor's License Law requires that

anyone who does the business of a contractor be licensed as such.

QUIZ: 1 of 10
The McMillan Development Corporation is in the preliminary stages of building a commercial office development. They have received the building permit and all of the necessary approvals to break ground. Where do they go for guidance on the ty

* The Building Codes
* Building Officials Conference of America

QUIZ: 2 of 10
How many primary steps must be taken to develop a general plan? Who is required to develop a general plan? What are the primary steps, in order, to achieve the desired general plan?

There are three primary steps that must be taken to achieve the general plan. Under California Code, every city and county is required to develop a general plan. The steps are as follows: A Resource Analysis, Formulation of Community Goals, and The Plan I

QUIZ: 3 of 10
Beth and Brian have been informed a convenience store is going to be built on the corner across from their residence. They are furious and want some answers as to how this could be happening in their neighborhood. Who should they go to for a

The city council or board of supervisors

QUIZ: 4 of 10
Maurice is a builder of new residential housing in the San Fernando Valley. He builds high-end homes in various subdivisions in the area. Maurice has been paying into a fund that is used by the government for low-to-moderate-income housing.

Maurice IS required to pay into this fund due to the Inclusionary Zoning Ordinance. He must either set aside a designated number of units for low-to-moderate-income housing; or, in certain cases, like Maurice's, he may pay into the fund. If he refuses his

QUIZ: 5 of 10
Which level of government is in charge of all planning controls?

Although all levels of government have laws, regulations, and ordinances that must be recognized and followed, the state housing law is a uniform law that must be adopted by ALL cities and counties in California.

QUIZ: 6 of 10
A chain of restaurants would like to begin opening new sites along the Pacific Coastline. The owner wants all of the restaurants beachside with customer access to the beach and water from the restaurant. Which of the following ordinances or

*The California Conservation Act and The California Environmental Quality Act of 1970 (CEQA)
*The Clean Air Act
*The National Environmental Policy Act

QUIZ: 7 of 10
Who enforces the codes of the California State Housing Law?

Local Building Inspectors.

QUIZ: 8 of 10
Ricardo's Restaurant is currently located between two subdivisions. The restaurant has been in business for over forty years. Currently, the area no longer allows any commercial activity. The zoning board ruled Ricardo's may continue to oper

Nonconforming Use (Legal)

QUIZ: 9 of 10
Patrice has purchased a century-old townhouse in San Francisco. She wants to make some changes and updates to both the exterior and interior. She isn't happy with the historic pediments outside the townhouse. Patrice's vision is of a minimal

Aesthetic Zoning

QUIZ: 10 of 10
Ernesto is a developer who is building low-to-moderate-income, federally funded homes. He is building multi-family townhomes that will help those graduating from welfare education programs get a new start off of public assistance and into t

*The National Environmental Policy Act
*The Clean Air Act